§ 383-C — Optional retirement of members holding the position of forest ranger in the service of the department of environmental conservation

New York § 383-C

• 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-c. Optional retirement of members holding the position of forest\nranger in the service of the department of environmental conservation.\na. As used in this section, the term "forest ranger in the service of\nthe department of environmental conservation" shall mean a person who\nserves on a full-time basis in the title of forest ranger I, forest\nranger II, forest ranger III, assistant superintendent of forest fire\ncontrol, superintendent of forest fire control or any successor titles\nor new titles in the forest ranger title series in the department of\nenvironmental conservation.\n b. Notwithstanding any other provision of law providing for transfers\nbetween retirement systems, any forest ranger in the service of the\ndepartment of environmental conservation who is a member of the New York\nstate and local employees' retirement system may transfer to the New\nYork state and local police and fire retirement system and shall receive\ncredit pursuant to and be entitled to the retirement benefits afforded\nin accordance with this section. Upon any such transfer the member shall\nbe entitled to the amount of service which would have been deemed\ncreditable had such member been subject to such system during the course\nof his or her membership within such system. Contributions to such\nsystem shall be made in accordance with appropriate provisions of law\nrelating thereto. Application for such transfer must be made to the\nstate comptroller on or before December thirty-first, nineteen hundred\nninety-seven. The provisions of section three hundred forty-three of\nthis article shall apply to any member making application for transfer\nunder this subdivision.\n c. Any forest ranger in the service of the department of environmental\nconservation who elects or is required to contribute under this section\nshall contribute to the New York state and local police and fire\nretirement system on the basis of retirement upon his:\n 1. Completion of twenty-five years of total creditable service, or\n 2. Attainment of age sixty, if prior thereto, on an allowance of\none-fiftieth of his final average salary for each year of total\ncreditable service not in excess of twenty-five years. Such election\nshall be in writing and shall be duly executed and filed with the\ncomptroller.\n d. Every employee entering or re-entering service as a forest ranger\nin the service of the department of environmental conservation on or\nafter the effective date of this section shall contribute on the basis\nprovided 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 or upon the attainment of\nage sixty by filing an application therefor in a manner similar to that\nprovided in section three hundred seventy of this article. He thereupon\nshall receive, on retirement, a retirement allowance 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 this\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 this paragraph and paragraph\none of this subdivision equal to one-half of final average salary.\n 3. For each year of total creditable service in excess of twenty-five\nyears, an additional pension which shall be equal to one-sixtieth of his\nfinal average salary; provided, however, that the total allowance\npayable pursuant to this section shall not exceed three-quarters of such\nmember's final average salary.\n 4. An additional pension equal to the pension for any creditable\nservice rendered while not employed as a forest ranger in the service of\nthe 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\nforest ranger in the service of the department of environmental\nconservation for which 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 forest ranger in the\nservice of 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 a forest ranger in the service of the\ndepartment of environmental conservation, as provided by this section,\nshall be paid from additional contributions made by the state on account\nof such members. 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 environmental conservation. The amount thereof shall be included in\nthe annual appropriation of the state for the department of\nenvironmental conservation. Such amount shall be paid on the warrant of\nthe comptroller to the pension accumulation fund of the retirement\nsystem.\n h. In computing the twenty-five years of total creditable service of a\nforest ranger in the service of 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 nineteen\nof honorably discharged officers, soldiers, sailors, marines and army\nnurses, who were actual residents of the state at the time of their\nentry into the military service of the United States, and the service of\nmembers of the national guard in the military service of the United\nStates of America pursuant to the call of the president or Mexican\nborder service.\n i. The provision 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\nunits designated as the security services unit or security supervisors\nunit or designated management confidential employees and established\npursuant to article fourteen of the civil service law and who has\nelected or is required to contribute in accordance with this section\nmay, on or before March thirty-first, nineteen hundred ninety-eight,\nelect to come under the provisions of section three hundred\nseventy-five-h of this article. Such election shall be duly executed and\nfiled with the comptroller.\n k. Commencing with the effective date of this section and in a manner\ndetermined by the head of the retirement system, the employer shall make\ncontributions to the retirement system to fund the past service\nliability cost associated with the implementation of this section as\nthose costs are calculated by the retirement system actuary. Such\ncontributions may be made, at the election of the employer, in level\ndollar installments over a ten year period.\n