§ 383-B — Retirement of members of the division of law enforcement in the department of environmental conservation

New York § 383-B

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 10: Special Retirement Plans Applicable to Specified Classes of Members
• Art. 8: New York State and Local Police and Fire Retirement System

Text

* § 383-b. Retirement of members of the division of law enforcement in\nthe department of environmental conservation. a. As used in this\nsection, the term "member of the division of law enforcement of the\ndepartment of environmental conservation" shall mean service in full\ntime police duty as a sworn police officer of the division of law\nenforcement in the department of environmental conservation.\n b. Notwithstanding any other provision of law providing for transfers\nbetween retirement systems, any sworn police officer of the division of\nlaw enforcement in the department of environmental conservation who is a\nmember of the New York state employees' retirement system may transfer\nto the New York state and local police and fire retirement system and\nshall receive credit pursuant to and be entitled to the retirement\nbenefits afforded in accordance with this section. Upon any such\ntransfer the member shall be entitled to the amount of service which\nwould have been deemed creditable had such member been subject to such\nsystem during the course of his or her membership within such system.\nContributions to such system shall be made in accordance with\nappropriate provisions of law relating thereto. Application for such\ntransfer must be made to the state comptroller on or before December\nthirty-first, nineteen hundred eighty-six. The provisions of section\nthree hundred forty-three of this article shall apply to any member\nmaking application for transfer under this subdivision.\n c. Any member of the division of law enforcement in the department of\nenvironmental conservation who elects or is required to contribute under\nthis section shall contribute to the police and fire retirement system\non the basis of retirement upon his or her:\n 1. Completion of twenty-five years of total service in the division of\nlaw enforcement in the department of environmental conservation, or\n 2. Attainment of age sixty in the division of law enforcement in the\ndepartment of environmental conservation, if prior thereto, on an\nallowance of one-fiftieth of his final average salary for each year of\ntotal service in the division of law enforcement in the department of\nenvironmental conservation not in excess of twenty-five years. Such\nelection shall be in writing and shall be duly executed and filed with\nthe comptroller.\n d. Every employee entering or re-entering the division of law\nenforcement in the department of environmental conservation on or after\nJanuary first, nineteen hundred eighty-seven shall contribute on the\nbasis provided for by this section.\n e. A member who 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 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 f. 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 paragraph one and this\nparagraph 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 the division of law enforcement\nin the department of environmental conservation as provided under\nparagraphs two and three of subdivision a of section three hundred\nseventy-five of this article. This pension shall:\n (i) 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 division of law enforcement in the department of\nenvironmental conservation for which he receives credit under this\narticle, and\n (ii) Not increase the total allowance to more than he would have\nreceived had his total service been rendered as a member of the division\nof law enforcement in the department of environmental conservation.\n For the purpose only of determining the amount of the pension provided\nherein, the annuity shall be computed as it would be:\n (A) if not reduced by the actuarial equivalent of any outstanding\nloan, and\n (B) if not increased by the actuarial equivalent of any additional\ncontributions, and\n (C) 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 g. The increased pensions to members of the division of law\nenforcement in the department of environmental conservation, as provided\nby this section, shall be paid from additional contributions made by the\nstate on account of such members. The actuary of the retirement system\nshall compute the additional contribution of each member who elects to\nreceive the special benefits provided under this section. Such\nadditional contributions shall be computed on the basis of contributions\nduring the prospective service of such member which will cover the\nliability of the retirement system for such extra pensions. Upon\napproval by the comptroller, such additional contributions shall be\ncertified by him to the commissioner of environmental conservation. The\namount thereof shall be included in the annual appropriation of the\nstate for the department of environmental conservation. Such amount\nshall be paid on the warrant of the comptroller to the pension\naccumulation fund of the retirement system.\n h. In computing the twenty-five years of completed service of a member\nof the division of law enforcement in the department of environmental\nconservation, full credit shall be given and full allowance shall be\nmade for service of such member in time of war and service with the\nAmerican expeditionary forces subsequent to November eleventh, nineteen\nhundred eighteen, and prior to June thirtieth, nineteen hundred\nnineteen, of honorably discharged officers, soldiers, sailors, marines\nand army nurses, who were actual residents of the state at the time of\ntheir entry into the military service of the United States, and the\nservice of members of the national guard in the military service of the\nUnited States of America pursuant to the call of the president or\nMexican border service.\n i. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n j. Notwithstanding any provision of subdivision d, e or i 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 eighty-seven, 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 * NB There are 2 § 383-b's\n