§ 383-B*2 — Retirement of members of the capital police force in the office of general services

New York § 383-B*2

• 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 capital police force in the\noffice of general services. a. As used in this section, the term\n"members of the capital police force in the office of general services"\nshall mean service in full time police duty as a sworn police officer of\nthe capital police force in the office of general services.\n b. Notwithstanding any other provision of law providing for transfers\nbetween retirement systems, any sworn police officer of the capital\npolice force in the office of general services who is a member of the\nNew York state and local employees' retirement system may transfer to\nthe New York state and local police and fire retirement system and shall\nreceive credit pursuant to and be entitled to the retirement benefits\nafforded in accordance with this section. Upon any such transfer the\nmember shall be entitled to the amount of service which would have been\ndeemed creditable had such member been subject to such system during the\ncourse of his or her membership within such system. Contributions to\nsuch system shall be made in accordance with appropriate provisions of\nlaw relating thereto. Application for such transfer must be made to the\nstate comptroller on or before December thirty-first, nineteen hundred\neighty-six. The provisions of section three hundred forty-three of this\narticle shall apply to any member making application for transfer under\nthis subdivision.\n c. Any member of the capital police force in the office of general\nservices who elects or is required to contribute under this section\nshall contribute to the police and fire retirement system on the basis\nof retirement upon his or her:\n 1. Completion of twenty-five years of total service in the capital\npolice force in the office of general services, or\n 2. Attainment of age sixty in the capital police force in the office\nof general services, if prior thereto, on an allowance of one-fiftieth\nof his final average salary for each year of total service in the\ncapital police force in the office of general services not in excess of\ntwenty-five years. Such election shall be in writing and shall be duly\nexecuted and filed with the comptroller.\n d. Every employee entering or re-entering the capital police force in\nthe office of general services on or after January first, nineteen\nhundred eighty-seven shall contribute on the basis provided for by this\nsection.\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; and\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 of\nthis subdivision 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 capital police force in the\noffice of general services as provided under paragraphs two and three of\nsubdivision a of section three hundred seventy-five of this article.\nThis 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 capital police force in the office of general services for\nwhich he receives credit under this article; 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 capital\npolice force in the office of general services.\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 capital police force in\nthe office of general services, as provided by this section, shall be\npaid from additional contributions made by the state on account of such\nmembers. The actuary of the retirement system shall compute the\nadditional contribution of each member who elects to receive the special\nbenefits provided under this section. Such additional contributions\nshall be computed on the basis of contributions during the prospective\nservice of such member which will cover the liability of the retirement\nsystem for such extra pensions. Upon approval by the comptroller, such\nadditional contributions shall be certified by him to the commissioner\nof the office of general services. The amount thereof shall be included\nin the annual appropriation of the office of general services. Such\namount shall 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 capital police force in the office of general services, full\ncredit shall be given and full allowance shall be made for service of\nsuch member in time of war and service with the American expeditionary\nforces subsequent to November eleventh, nineteen hundred eighteen, and\nprior to June thirtieth, nineteen hundred nineteen, of honorably\ndischarged officers, soldiers, sailors, marines and army nurses, who\nwere actual residents of the state at the time of their entry into the\nmilitary service of the United States, and the service of members of the\nnational guard in the military service of the United States of America\npursuant to the call of the president or Mexican border service.\n i. The provisions of this section shall be controlling notwithstanding\nany provision of 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-f of this article.\nSuch election shall be duly executed and filed with the comptroller.\n * NB There are 2 § 383-b's\n