§ 384 — Optional retirement of certain police officers and firefighters

§ 384. Optional retirement of certain police officers and\nfirefighters. a. Any member of the police and fire retirement system\nwho is an officer or member of any organized fire department or\norganized police force or police department of any county, city, town,\nvillage, fire district, police district or participating employer may\nelect to contribute to the police and fire retirement system on the\nbasis of retirement upon his or her completion of twenty-five years of\nservice as an officer or member of any such force or department on an\nallowance of:\n 1. One-fiftieth of his final average salary for each year of total\nservice as such officer or member, and\n 2. One-seventieth of his final average salary for each year of total\nservice for which he otherwise shall be entitled to credit, but not\nexceeding in the aggregate one-half of his final average salary.\n b. Any officer or member of such an organized fire department or\norganized police force or department may elect to contribute to the\npolice and fire retirement system pursuant to this section within one\nyear after he or she becomes such an officer or member, or on or before\nJanuary first, nineteen hundred seventy, or within one year after his or\nher employer assumed, or assumes in whole or in part, the additional\ncost to the police and fire retirement system resulting from an election\npursuant to this section.\n bb. On and after April first, nineteen hundred sixty-seven only\nfirefighters, police officers or officers of such a fire department or\npolice force may elect to contribute to the police and fire retirement\nsystem on the basis of retirement pursuant to this section and, as to\nmembers so electing, in addition to service in war after world war I, as\ndefined in section three hundred two of this article, only credit for\nservice:\n 1. As such a firefighter, police officer or officer, or\n 2. As a member or officer of the state police, or\n 3. In the regional state park police service, shall be included in\ncomputing years of police or fire service for retirement pursuant to\nthis section.\n c. Elections made pursuant to this section shall be in writing and\nshall be duly acknowledged and filed with the comptroller. Any member\nwho files such an election pursuant to this section may withdraw it\nafter it has been filed for at least one year. Such withdrawal shall be\nby written notice duly acknowledged and filed with the comptroller.\nAfter such withdrawal such member shall contribute to the police and\nfire retirement system as otherwise provided in this article. Any member\nwho has contributed the entire additional cost to the police and fire\nretirement system resulting from an election pursuant to this section,\nmay withdraw such entire additional amount in the event that he or she\nso withdraws such election.\n d. Contributions for additional costs of elections to contribute\npursuant to this section shall be payable as follows:\n 1. Except as otherwise provided in this subdivision, a member electing\nto contribute to the police and fire retirement system pursuant to this\nsection shall pay the entire additional cost to the police and fire\nretirement system resulting from such election by means of a rate of\ncontribution. Such rate shall be computed to provide, upon his or her\ncompletion of twenty-five years of service as an officer or member of\nany such department or force, the portion of the retirement allowance\nfor which he or she is required to provide pursuant to this section.\nSuch rate of contribution shall be determined in a manner similar to\nthat provided in section three hundred twenty-three of this article and\nsubject to the provisions of paragraph four of this subdivision, the\ncontributions based thereon shall be paid while such member is an\nofficer or member of any such department or force.\n 2. The member's employer, however, by appropriate action, may (a) in\nits initial action under this section, elect to assume all of the\nadditional cost on account of service as an officer or member of any\nsuch department or force rendered prior to the effective date of such\nelection and (b) in any subsequent action, as hereafter provided in this\nparagraph, elect to assume all of the additional cost on account of\nservice as an officer or member of any such other prior department or\nforce rendered prior to the effective date of such subsequent election\nand, in addition may in its initial action under this section, elect to\nassume any multiple of twenty-five per centum of such additional cost on\naccount of such service for such current employer rendered on and after\nthe effective date of such initial election. Any subsequent election\nchanging the percentage of additional cost assumed by an employer shall\napply only to service rendered for such employer on and after the\neffective date of such subsequent election. The employer shall pay the\nadditional cost so assumed by any such election by means of annual\ncontributions which shall be determined by the actuary and paid by the\nemployer in the same manner as the contributions required under section\nthree hundred twenty-three of this article. An employer, which in its\ninitial action elected to assume all of the additional cost on account\nof service only as an officer or member of its police or fire department\nrendered prior to the effective date of such election may, on or before\nApril first, nineteen hundred sixty-nine, elect to assume all of the\nadditional cost, including the cost of the necessary actuarial\nre-evaluation on account of service rendered prior to the effective date\nof the initial action hereunder, as an officer or member of any such\norganized fire department or organized police force or department of any\ncounty, city, town, village, fire district, police district, or\nparticipating employer other than such employer. Such rate shall be\ncomputed to provide the appropriate pension benefits under paragraph two\nof subdivision e of this section.\n 3. Where the employer elected or elects to assume fifty per centum of\nthe additional cost on account of service rendered on and after the\neffective date of any such election, the member shall thereafter\ncontribute at a rate computed by the actuary to provide, upon retirement\nafter twenty-five years of service as an officer or member of any such\ndepartment or force or upon the attainment of age sixty with less than\ntwenty-five years of such service, an annuity of one-one hundredth of\nfinal average salary for each year of such service rendered on and after\nthe effective date of such election. If the employer assumed or assumes\na percentage other than fifty per centum of the additional cost on\naccount of service rendered on and after the effective date of any such\nelection, the member's rate of contribution shall be modified so that it\nis computed to provide the portion of the retirement allowance for which\nhe is required to provide.\n Such member's rate of contribution pursuant to this subdivision d\nshall be appropriately reduced pursuant to section three hundred\nseventy-a of this article for such period of time as his employer\ncontributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller.\n 4. No such member shall be required to continue contributions after\ncompleting twenty-five years of such service.\n 5. For actuarial purposes relative to rates or amounts of\ncontributions to the funds of the police and fire retirement system,\nservice of a member making an election pursuant to this section shall,\nas to his or her service and status subsequent thereto, be deemed\ncontinuous and constant. If the continuity of such service be\ninterrupted or such status be changed, however, appropriate changes as\nmay be necessary for actuarial purposes shall be made in such rates and\namounts.\n e. Computation of retirement allowances pursuant to this section.\n 1. Computation of retirement allowance where member has elected to pay\nthe entire additional cost:\n A member who has elected to contribute pursuant to this section and\nwho has made the contributions required by this section shall be\nentitled to retire on or after his completion of twenty-five years of\nservice as an officer or member of any such fire department, police\nforce or police department, or upon the attainment of age sixty with\nless than twenty-five years of such service, by filing an application\ntherefor in a manner similar to that provided in section three hundred\nseventy of this article. He thereupon shall receive, upon retirement, a\nretirement allowance which shall not exceed one-half of his final\naverage salary. Such retirement allowance shall consist of:\n (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n (c) A pension of one-one hundredth of his final average salary for\neach year of service as an officer or member of any such fire\ndepartment, police force or police department, and\n (d) An additional pension of one-one hundred fortieth of his final\naverage salary for each year of member service for which he otherwise\nshall be entitled to credit and which was earned by him since he last\nbecome a member, and\n (e) If he has had one or more years of service as a member, an\nadditional pension which shall be equal to one-fiftieth of his final\naverage salary for each year of prior service as an officer or member of\nany such fire department, police force or police department, plus\none-seventieth of his final average salary for each year of prior\nservice to which he otherwise shall be entitled to credit.\n (f) Upon completion of twenty-five years service, an additional\npension, if required, of such amount as shall be necessary to increase\nthe total amount of the benefits provided herein to one-half of his\nfinal average salary. The pension provided by this sub-paragraph shall\nbe payable only if a member retires from service on or before the last\nday of the calendar month next succeeding the calendar month in which he\nattains age sixty-two. Provided, however, that in the case of any member\nwho attained the age of sixty-two on or before July first, nineteen\nhundred sixty-six, to be eligible for additional pension credit under\nthis sub-paragraph, his service shall be terminated and he shall retire\non or before December thirty-first, nineteen hundred sixty-seven. For\nthe purpose only of determining the amount of the pension provided in\nthis paragraph, the annuity shall be computed as it would be if it were\nnot reduced by the actuarial equivalent of any outstanding loan, and if\nit were not increased by the actuarial equivalent of any additional\ncontributions, and if it were not reduced by reason of the member's\nelection to decrease his annuity contributions to the retirement system\nin order to apply the amount of such reduction in payment of his\ncontributions for old-age and survivors insurance coverage.\n 2. Computation of retirement allowance where employer has elected to\npay all or part of the additional cost:\n A member who has elected to contribute pursuant to this section and\nwho has made the contributions required by this section, and whose\nemployer has by appropriate action elected to pay all or part of the\nadditional cost of the benefits provided by this section, shall be\nentitled to retire on or after his completion of twenty-five years of\nservice as an officer or member of any such fire department, police\nforce or police department, or upon the attainment of age sixty with\nless than twenty-five years of such service, by filing an application\ntherefor in a manner similar to that provided in section three hundred\nseventy of this article. He thereupon shall receive, upon retirement, a\nretirement allowance which shall not exceed one-half of his final\naverage salary. Such retirement allowance shall consist of:\n (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n (b) A pension which the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n (c) A pension for each year of service as an officer or member of any\nsuch fire department, police force or police department, rendered on and\nafter the effective date of the employer's election under this section,\ncomputed pursuant to the one of the following four formulae which is\nappropriate:\n (1) If his employer elected to pay twenty-five per centum of the\nadditional cost on account of such service rendered on and after the\neffective date of such election, such pension shall be six-seven\nhundredths (6/700) of his final average salary for each year of such\nservice after such date, or\n (2) If his employer elected to pay fifty per centum of the additional\ncost on account of such service rendered on and after the effective date\nof such election, such pension shall be one-one hundredth (1/100) of his\nfinal average salary for each year of such service after such date, or\n (3) If his employer elected to pay seventy-five per centum of the\nadditional cost on account of such service rendered on and after the\neffective date of such election, such pension shall be eight-seven\nhundredths (8/700) of his final average salary for each year of such\nservice after such date, or\n (4) If his employer elected to pay one hundred per centum of the\nadditional cost on account of such service rendered on and after the\neffective date of such election, such pension shall be nine-seven\nhundredths (9/700) of his final average salary for each year of such\nservice after such date, and\n (d) An additional pension for such service, exclusive of prior\nservice, rendered before the effective date of the employer's initial\nelection under this section, of one-fiftieth of his final average salary\nfor each year of such service, minus a sum equal to the annuity provided\nout of the normal contributions, with accumulated interest thereon, made\nby the member during such period and minus a sum which is the actuarial\nequivalent of the reduction in his contributions pursuant to the\nprovisions of section three hundred seventy-a of this article, if any,\nduring such period, with regular interest thereon, and\n (e) An additional pension of one-one hundred fortieth of his final\naverage salary for each year of member service for which he otherwise\nshall be entitled to credit and which was earned by him since he last\nbecame a member, and\n (f) If he has had one or more years of service as a member, an\nadditional pension which shall be equal to one-fiftieth of his final\naverage salary for each year of such service, which is credited as prior\nservice, plus one-seventieth of his final average salary for each year\nof prior service for which he otherwise shall be entitled to credit.\n (g) Upon completion of twenty-five years service, an additional\npension, if required, of such amount as shall be necessary to increase\nthe total amount of the benefits provided herein to one-half of his\nfinal average salary. The pension provided by this sub-paragraph shall\nbe payable only if a member retires from service on or before the last\nday of the calendar month next succeeding the calendar month in which he\nattains age sixty-two. Provided, however, that in the case of any member\nwho attained the age of sixty-two before or within one month after his\nemployer first elected to assume all or part of the additional cost of\nservice as provided by paragraph two of subdivision d of this section,\nto be eligible for additional pension credit under this sub-paragraph,\nhis service shall be terminated and he shall retire within three months\nafter his employer so elects or on or before December thirty-first,\nnineteen hundred sixty-eight, whichever shall last occur.\n For the purpose only of determining the amount of the pension provided\nin this paragraph, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of said reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n f. In the event a member shall continue in service after twenty-five\nyears of total creditable service, as defined in subdivision bb of this\nsection, there shall be added to his pension upon retirement a sum equal\nto one-sixtieth of his final average salary for each completed\nadditional year of service after twenty-five years.\n g. The increased pension provided for in subdivision f hereof shall be\nconditioned upon the participating employer electing in a manner similar\nto that provided in subdivision a of section three hundred thirty of\nthis article to provide this added benefit and assuming the additional\ncost thereof on account of all of the officers and members of its\norganized fire department or organized police force or department who\nare contributing under the provisions of this section. Such increased\npensions to the members in either department shall be paid from\nadditional contributions made by the appropriate participating employer\non account of such members. The actuary of the retirement system shall\ncompute the additional contributions for each employer who elects to\nprovide the special benefits provided under subdivision f of this\nsection. Such additional contributions shall be computed on the basis of\ncontributions during the prospective service of such members which will\ncover the liability of the retirement system for such extra pensions.\nUpon approval of the comptroller, such additional contributions shall be\ncertified by him to the fiscal officer of the participating employer.\nThe amount thereof shall be included in the annual appropriation of the\nparticipating employer for its police and fire departments. Such amount\nshall be paid on the warrant of the fiscal officer of the participating\nemployer to the pension accumulation fund of the retirement system.\n h. Any officer or member of such organized fire department or\norganized police force or department, may, within one year after he\nbecomes such officer or member or within one year after his employer\nassumes the additional cost therefor, whichever shall last occur, elect\nto receive the additional benefits provided for by subdivision f hereof.\nAny officer or member who elects to receive such benefits shall be\nseparated from service on the first day of the calendar month next\nsucceeding his attainment of age sixty-two and the completion of\ntwenty-five years of service, provided, however, that in the case of any\nofficer or member who attained the age of sixty-two before his employer\nassumed the additional cost therefor, or who attains the age of\nsixty-two within one month after his employer assumes the additional\ncost therefor, to be eligible for additional pension credit under\nsubdivision f of this section, his service shall be terminated and he\nshall be retired within three months after his employer assumes the\nadditional cost therefor or on or before December thirty-first, nineteen\nhundred sixty-eight, whichever shall last occur, and provided further\nthat a member who is a chief or commanding officer of a police\ndepartment or police force shall retire on the first day of the calendar\nmonth next succeeding his attainment of age sixty-five; a member who is\na chief or commanding officer of a police department or police force,\nwho attained age sixty-five before his employer elected to provide this\nadded benefit and has rendered twenty-five years of total creditable\nservice, shall retire on or before December thirty-first, nineteen\nhundred sixty-eight, or within one year after his employer assumes the\nadditional cost therefor, whichever shall last occur.\n i. In lieu of the provisions of subdivisions f, g and h and in the\nevent a member shall continue in service after twenty-five years of\ntotal creditable service, as defined in subdivision bb of this section,\nthere shall be added to his pension upon retirement a sum equal to\none-one hundred twentieth of his final average salary for each completed\nadditional year of service after twenty-five years.\n j. The increased pension provided for in subdivision i hereof shall be\nconditioned upon the participating employer electing in a manner similar\nto that provided in subdivision a of section three hundred thirty of\nthis article to provide this added benefit and assuming the additional\ncost thereof on account of all of the officers and members of its\norganized fire department or organized police force or department who\nare contributing under the provisions of this section. Such increased\npensions to the members in either department shall be paid from\nadditional contributions made by the appropriate participating employer\non account of such members. The actuary of the retirement system shall\ncompute the additional contributions for each employer who elects to\nprovide the special benefits provided under subdivision i of this\nsection. Such additional contributions shall be computed on the basis of\ncontributions during the prospective service of such members which will\ncover the liability of the retirement system for such extra pensions.\nUpon approval of the comptroller, such additional contributions shall be\ncertified by him to the fiscal officer of the participating employer.\nThe amount thereof shall be included in the annual appropriation of the\nparticipating employer for its police and fire departments. Such amount\nshall be paid on the warrant of the fiscal officer of the participating\nemployer to the pension accumulation fund of the retirement system.\n k. Any officer or member of such organized fire department or\norganized police force or department, may, within one year after he\nbecomes such officer or member or within one year after his employer\nassumes the additional cost therefor, whichever shall last occur, elect\nto receive the additional benefits provided for by subdivision i hereof.\nAny officer or member who elects to receive such benefits shall be\nseparated from service on the first day of the calendar month next\nsucceeding his attainment of age sixty-two and the completion of\ntwenty-five years of service, provided, however, that in the case of any\nofficer or member who attained the age of sixty-two before his employer\nassumed the additional cost therefor, or who attains the age of\nsixty-two within one month after his employer assumes the additional\ncost therefor, to be eligible for additional pension credit under\nsubdivision i of this section, his service shall be terminated and he\nshall be retired within three months after his employer assumes the\nadditional cost therefor, or on or before December thirty-first,\nnineteen hundred sixty-eight, whichever shall last occur, and provided\nfurther that a member who is a chief or commanding officer of a police\ndepartment or police force shall retire on the first day of the calendar\nmonth next succeeding his attainment of age sixty-five; a member who is\na chief or commanding officer of a police department or police force,\nwho attained age sixty-five before his employer elected to provide this\nadded benefit and has rendered twenty-five years of total creditable\nservice, shall retire on or before December thirty-first, nineteen\nhundred sixty-eight, or within one year after his employer assumes the\nadditional cost therefor, whichever shall last occur.\n l. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npursuant to subdivision b of section three hundred thirty of this\narticle shall be treated as excess contributions and shall be used to\nprovide an annuity in addition to the annuity prescribed by this\nsection. Any other amounts credited to the member's annuity savings\naccount, except the amounts contributed or required to be contributed\nunder this section and except such amounts as are required to produce\nthe retirement allowance provided by subdivision e of this section, may\nat the option of the member at the time of retirement be withdrawn or\nused to provide an annuity in addition to the annuity prescribed by this\nsection.\n m. Service in the division of state police in the executive department\nshall be considered allowable service in an organized fire department or\nan organized police force or police department for the purpose of this\nsection, provided that the member pays or has paid the required\ncontributions.\n n. Notwithstanding any provision of subdivision bb or g of this\nsection, service as a fire chief-airport, firefighter-airport, and fire\ncaptain-airport of the county of Monroe shall be included for the\npurpose of computing police or fire service for retirement pursuant to\nthis section, provided the county of Monroe has elected to participate\nin the New York state and local police and fire retirement system on the\nbehalf of its fire chief-airport, firefighters-airport, and fire\ncaptains-airport and elects to provide the benefit of this section.\n * o. The benefits hereinabove provided shall be payable to a member,\nunless at the date of retirement, such member would otherwise be\nentitled to a greater benefit under other provisions of this article had\nhe withdrawn from this section, in which event such greater benefits\nshall be payable.\n * NB There are 2 sb o's\n * o. Any member of the New York state and local police and fire\nretirement system who was a member of the New York city employees'\nretirement system while employed as a New York city police department\ntrainee or a New York city transit officer trainee and whose membership\ntherein was terminated by his attaining membership in the New York state\nand local police and fire retirement system, may purchase credit in the\nNew York state and local police and fire retirement system for prior\ncreditable service in the New York city employees' retirement system\nearned while employed as a police department trainee or transit officer\ntrainee and shall have the period of such prior service credit counted\nas police service for the purpose of determining the amount of his\npension and retirement allowance and period of service needed for\nretirement. In order to purchase credit pursuant to this subdivision,\nthe member shall pay into the pension accumulation fund the contribution\namount as determined by the comptroller, either in a lump sum or in\ninstallments, necessary to pay in full the cost of such previous\nservice. If such payment be made in installments, the same shall be paid\nwithin a period no greater than the number of months of such member\nservice granted.\n * NB There are 2 sb o's\n p. Notwithstanding any provision of this section, service as an\naircraft rescue firefighter employed by the Niagara frontier\ntransportation authority shall be included for the purpose of computing\npolice or fire service for retirement pursuant to this section, provided\nsuch authority has elected to participate in the New York state and\nlocal police and fire retirement system on the behalf of its aircraft\nrescue firefighters and elects to provide the benefit of this section.\n q. The provisions of this section shall be controlling notwithstanding\nany provision of this article to the contrary.\n