§ 383-A — Retirement of members of the regional state park police; new plan

§ 383-a. Retirement of members of the regional state park police; new\nplan. a. Every member or officer of the regional state park police who\nenters or re-enters service on or after June twenty-eighth, nineteen\nhundred sixty-five shall contribute on the basis provided for by this\nsection.\n b. Every member or officer in the regional state park police who\nentered such service prior to June twenty-eighth, nineteen hundred\nsixty-five, and who elected to contribute under former section\neighty-three-a of this chapter shall contribute on the basis provided\nfor by this section, if he so elected on or before December\nthirty-first, nineteen hundred sixty-five.\n c. A member who elected to contribute under former section\neighty-three-a or is required to contribute in accordance with this\nsection, shall contribute, in lieu of the proportion of compensation as\nprovided in section three hundred twenty-one of this article, a\nproportion of his compensation similarly determined. Such latter\nproportion shall be computed to provide at the time when he shall first\nbecome eligible for retirement under this section, an annuity equal to\none-one hundredth of his final average salary for each year of service\nas a member rendered after March twenty-eighth, nineteen hundred\nforty-nine, and prior to the attainment of the age when he shall first\nbecome eligible for retirement. Such member's rate of contribution\npursuant to this section shall be appropriately reduced pursuant to\nsection three hundred seventy-a of this article for such period of time\nas his employer contributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay. No such member shall be\nrequired to continue contributions after completing twenty-five years of\nsuch service.\n d. A member contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of total creditable service in such service or upon\nthe attainment of age sixty, by filing an application therefor in a\nmanner similar to that provided in section three hundred seventy of this\narticle. He thereupon shall receive, on retirement, a retirement\nallowance consisting of:\n 1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n 2. A pension which, together with such annuity and a pension which is\nthe actuarial equivalent of the reserve-for-increased-take-home-pay to\nwhich he may then be entitled, if any shall equal one-fiftieth of his\nfinal average salary for each year of creditable service in such\ndivision. This pension shall not exceed the amount needed to make the\ntotal amount of the benefits provided under paragraphs one and two--\nthis subdivision d equal to one-half of final average salary.\n 3. An additional pension equal to the pension for any creditable\nservice rendered while not employed in regional state park police\nservice as provided under paragraphs two and three of subdivision a of\nsection three hundred seventy-five of this article. This pension shall:\n (a) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service as a\nmember of the regional state park police for which he receives credit\nunder this article, and\n (b) Not increase the total allowance to more than he would have\nreceived had his total service been rendered as a member of the regional\nstate park police.\n For the purpose only of determining the amount of the pension provided\nherein, the annuity shall be computed as it would be:\n (aa) if not reduced by the actuarial equivalent of any outstanding\nloan, and\n (bb) if not increased by the actuarial equivalent of any additional\ncontributions, and\n (cc) if not reduced by reason of the member's election to decrease his\nannuity contributions to the retirement systems in order to apply the\namount of such reduction in payment of his contributions for old-age and\nsurvivors insurance coverage.\n e. The increased pensions to members of the regional state park\npolice, as provided by this section, shall be paid from additional\ncontributions made by the state on account of such members. The actuary\nof the retirement system shall compute the additional contribution of\neach member who elects to receive the special benefits provided under\nthis section. Such additional contributions shall be computed on the\nbasis of contributions during the prospective service of such member\nwhich will cover the liability of the retirement system for such extra\npensions. Upon approval by the comptroller, such additional\ncontributions shall be certified by him to the commissioner of\nconservation. The amount thereof shall be included in the annual\nappropriation of the state for the conservation department. Such amount\nshall be paid on the warrant of the comptroller to the pension\naccumulation fund of the retirement system.\n f. In computing the twenty-five years of completed service of a member\nof the regional state park police, full credit shall be given and full\nallowance shall be made for service of such member in time of war and\nservice with the American expeditionary forces subsequent to November\neleventh, nineteen hundred eighteen, and prior to June thirtieth,\nnineteen hundred nineteen, of honorably discharged officers, soldiers,\nsailors, marines and army nurses, who were actual residents of the state\nat the time of their entry into the military service of the United\nStates, and the service of members of the national guard in the military\nservice of the United States of America pursuant to the call of the\npresident or Mexican border service.\n g. Service in the division of the state police in the executive\ndepartment shall be considered allowable service in regional state park\npolice service, for the purposes of this section, provided that the\nmember pays or has paid the required contributions and provided,\nfurther, that in the case of employees entering or re-entering regional\nstate park police service on or after July first, nineteen hundred\nfifty-four, only credit for service as a member or officer of the state\npolice shall be so allowable.\n h. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n i. Notwithstanding any provision of subdivision a, b or h of this\nsection to the contrary, a member who is in the collective negotiating\nunit designated as the security services unit and established pursuant\nto article fourteen of the civil service law and who has elected or is\nrequired to contribute in accordance with this section may, on or before\nMarch thirty-first, nineteen hundred seventy-three, elect to come under\nthe provisions of section three hundred seventy-five-h of this article.\nSuch election shall be duly executed and filed with the comptroller.\n