§ 383-F — Retirement of officers of state law enforcement; alternative twenty-five year retirement plan

New York § 383-F

• 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-f. Retirement of officers of state law enforcement; alternative\ntwenty-five year retirement plan. a. Membership. Every non-seasonally\nappointed sworn member or officer of the division of law enforcement in\nthe department of environmental conservation, a forest ranger in the\nservice of the department of environmental conservation, which shall\nmean a person who serves on a full-time basis in the title of forest\nranger I, forest ranger II, forest ranger III, assistant superintendent\nof forest fire control, or any successor titles or new titles in the\nforest ranger title series in the department of environmental\nconservation, a police officer in the department of environmental\nconservation, the regional state park police, and university police\nofficers whose date of membership is prior to January ninth, two\nthousand ten may irrevocably elect to be covered by the provisions of\nthis section by filing an election therefor with the comptroller. The\ndeadline to make such election for every member described in this\nsubdivision in such service shall be within one year of the effective\ndate of this section or within one year of employment in an eligible\ntitle, whichever is later. Upon completion of twenty-five years of such\nservice and upon retirement, each such member shall receive a pension\nwhich, together with an annuity, if any, which shall be the actuarial\nequivalent of such member's accumulated contributions at the time of\ntheir retirement and an additional pension which is the actuarial\nequivalent of the reserve-for-increased-take-home-pay to which such\nmember may then be entitled, if any, shall be sufficient to provide such\nmember with a retirement allowance equal to fifty-five percent of their\nfinal average salary. To be effective, such election must be duly\nexecuted and acknowledged on a form prepared by the comptroller for such\npurpose.\n b. Retirement allowance. 1. A member, covered by the provisions of\nthis section at the time of retirement, shall be entitled to retire upon\ncompletion of twenty-five years of total creditable service in such\ntitles by filing an application therefor in a manner similar to that\nprovided in section three hundred seventy of this article.\n 2. Upon completion of more than twenty-five years of such service and\nupon retirement, each such member shall receive, for each year of\nservice in excess of twenty-five, an additional pension which, together\nwith an annuity for each such year as provided in paragraph three of\nthis subdivision, shall be equal to one-hundredth of their final average\nsalary, provided, however, that the pension payable pursuant to this\nsection shall not exceed sixty-five per centum of such member's final\naverage salary.\n 3. The annuity provided under paragraph two of this subdivision shall\nbe the actuarial equivalent, at the time of retirement, of the member's\naccumulated contributions based upon the rate of contributions fixed\nunder section three hundred eighty-three of this title and upon the\nsalaries earned while in such service. Such annuity shall be computed as\nit would be if it were not reduced by the actuarial equivalent of any\noutstanding loan nor by reason of the member's election to decrease such\nmember's contributions for old age and survivor's insurance. Any\naccumulated contributions in excess of the amount required to provide\nthe annuity computed pursuant to this paragraph shall be used to\nincrease the member's retirement allowance.\n c. Credit for previous service. In computing the years of total\ncreditable service for each member described herein, full credit shall\nbe given and full allowance shall be made for service rendered as a\npolice officer or state university peace officer or member of a police\nforce or department of a state park authority or commission or an\norganized police force or department of a county, city, town, village,\npolice district, authority or other participating employer or member of\nthe capital police force in the office of general services while a\nmember of the New York state and local police and fire retirement\nsystem, of the New York state and local employees' retirement system or\nof the New York city police pension fund and for all service for which\nfull credit has been given and full allowance made pursuant to the\nprovisions of section three hundred seventy-five-h of this article\nprovided, however, that full credit pursuant to the provisions of such\nsection shall mean only such service as would be creditable service\npursuant to the provisions of section three hundred eighty-three, three\nhundred eighty-three-a, three hundred eighty-three-b, as added by\nchapter six hundred seventy-four of the laws of nineteen hundred\neighty-six, three hundred eighty-three-b, as added by chapter six\nhundred seventy-seven of the laws of nineteen hundred eighty-six, three\nhundred eighty-three-c or three hundred eighty-three-d of this title or\npursuant to the provisions of title thirteen of the administrative code\nof the city of New York for any member contributing pursuant to this\nsection who transferred to the jurisdiction of the department of\nenvironmental conservation including but not limited to environmental\nconservation officers and forest rangers, regional state park police or\nstate university of New York peace officers.\n d. Employee contributions. Notwithstanding any provisions of this\nchapter to the contrary, any member currently enrolled pursuant to this\nsection shall be required to make employee contributions equal to one\nand one-half per centum of annual wages.\n e. The provisions of this section shall be controlling,\nnotwithstanding any provision of this article to the contrary.\n