§ 384-D — Optional twenty year retirement plan for certain firefighters and police officers whose employer elects to provide same

New York § 384-D

• 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

§ 384-d. Optional twenty year retirement plan for certain firefighters\nand police officers whose employer elects to provide same.\n a. Any member of the retirement system who is a firefighter, police\nofficer or officer of any organized fire department or organized police\nforce or police department of any county, city, town, village, fire\ndistrict, police district or participating employer may elect to\ncontribute to the retirement system pursuant to this section within one\nyear after he or she becomes such an officer or member, if his or her\nemployer has previously elected to make the benefits provided herein\navailable to its officers and members, or within one year after his or\nher employer elects to make the benefits provided herein available to\nits officers and members.\n b. 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 a year. Such withdrawal shall be by\nwritten notice duly acknowledged and filed with the comptroller. After\nsuch withdrawal such member shall contribute to the retirement system as\notherwise provided in this article.\n c. A member who elects to contribute in accordance with this section,\nshall contribute, in lieu of the proportion of compensation as provided\nin section three hundred twenty-one of this article, a proportion of his\ncompensation similarly determined. Such latter proportion shall be\ncomputed to provide, at the time when he shall first become eligible for\nretirement under this section, an annuity equal to one-eightieth of his\nfinal average salary for each year of service as a member rendered after\nhis employer elects the provisions of this section, and prior to the\nattainment of the age when he shall first become eligible for\nretirement.\n Such member's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section three hundred seventy-a of\nthis article for such period of time as his employer contributes\npursuant 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. Such member's rate of contribution shall also be\nappropriately reduced by any multiple of twenty-five per centum of the\nadditional cost which a member's employer has elected to contribute on\nhis behalf in lieu of such member's contributions pursuant to this\nsubdivision.\n d. No such member shall be required to make contributions after\ncompleting twenty years of such service.\n e. A member contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of twenty\nyears of total creditable service in such fire department or police\nforce or department, or upon the attainment of age sixty-two, by filing\nan application therefor in a manner similar to that provided in section\nthree hundred seventy of this article.\n (1) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity, if any, which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, shall be sufficient to provide him with a retirement allowance\nequal to one-half of his final average salary.\n (2) Upon attainment of age sixty-two and upon retirement without\ncompletion of twenty years of such service, each such member shall\nreceive a pension which together with an annuity, if any, which shall be\nthe actuarial equivalent of his accumulated contributions at the time of\nhis retirement and an additional pension which is the actuarial\nequivalent of the reserve-for-increased-take-home-pay to which he may\nthen be entitled, if any, shall be sufficient to provide him with a\nretirement allowance equal to one-fortieth of his final average salary\nfor each year of creditable service in such fire department or police\nforce or department. Every such member shall also be entitled to an\nadditional pension equal to the pension for any creditable service\nrendered while not an employee of such fire department or police force\nor department as provided under paragraphs three and four of subdivision\na of section three hundred seventy-five of this article. This latter\npension shall not increase the total allowance to more than one-half of\nhis final average salary.\n For the purpose only of determining the amount of the pension provided\nin this subdivision e, the annuity shall be computed as it would be if\nit were 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 such reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n f. The increased pensions to such members, as provided by this\nsection, shall be paid from additional contributions made by the\nparticipating employer on account of such members. The actuary of the\nretirement system shall compute the additional contribution required for\neach member who elects to receive the special benefits provided under\nthis section. Such additional contributions shall be computed on the\nbasis of contributions during the prospective service of such member\nwhich will cover the liability of the retirement system for such extra\npensions. Upon approval of the comptroller, such additional\ncontributions shall be certified by him to the fiscal officer of the\nparticipating employer. The amount thereof shall be included in the\nannual appropriation of the participating employer for its fire\ndepartment and police force or department. Such amount shall be paid on\nthe warrant of the fiscal officer of the participating employer to the\npension accumulation fund of the retirement system.\n g. In computing the twenty years of completed service of a member of a\npolice department or fire department, full credit shall be given for\nmilitary service as defined in subdivisions twenty-nine-a and thirty of\nsection three hundred two of this chapter. In addition, full credit\nshall be given and full allowance shall be made for prior service in a\nfire department or police force or department, other than the force or\ndepartment in which he is a member at the time of retirement, if his\nemployer elects to assume the cost of such prior fire or police service\nas hereinafter provided.\n The member's employer, however, by appropriate action, may (a) in its\ninitial action under this section, elect to assume all of the additional\ncost on account of service as an officer or member of any such\ndepartment or force rendered to such employer prior to the effective\ndate of such election and (b) in any subsequent action, as hereafter\nprovided in this paragraph, elect to assume all of the additional cost\non account of previous service as an officer or member of any such other\ndepartment or force and, in addition may in its initial action under\nthis section, elect to assume any multiple of twenty-five per centum of\nsuch additional cost on account of such service for such current\nemployer rendered on and after the effective date of such initial\nelection. Any subsequent election changing the percentage of additional\ncost assumed by an employer shall apply only to service rendered for\nsuch employer on and after the effective date of such subsequent\nelection. The employer shall pay the additional cost so assumed by any\nsuch election by means of annual contributions which shall be determined\nby the actuary and paid by the employer in the same manner as the\ncontributions required under section three hundred twenty-three of this\narticle. An employer, which in its initial action elected to assume all\nof the additional cost on account of service only as an officer or\nmember of its police or fire department rendered prior to the effective\ndate of such election may elect to assume all of the additional cost,\nincluding the cost of the necessary actuarial reevaluation on account of\nprevious service rendered as an officer or member of any such organized\nfire department or organized police force or department of any county,\ncity, town, village, fire district, police district, or participating\nemployer other than such employer.\n h. 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 i. Every member contributing on the basis of this section shall be\nseparated from the service on the last day of the calendar month next\nsucceeding the calendar month in which he or she attains age sixty-five,\nprovided, however, that such a member who attained the age of sixty-five\nbefore his or her employer elected to make the benefits provided herein\navailable to him or her, or who attains the age of sixty-five within one\nmonth after his or her employer makes such benefits available, to be\neligible for a pension computed in accordance with the provisions of\nsubdivision e of this section, shall be separated from the service\nwithin three months after his or her employer makes such benefits\navailable, or on or before December thirty-first, nineteen hundred\nsixty-eight, whichever shall last occur, provided further, however, to\nbe eligible to remain on payroll under this section after attaining the\nage of sixty-two, such members must be capable of performing the duties\nof their position.\n j. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n k. The benefits of this section shall be available only to those\npolice officers and firefighters whose employer elects to provide such\nbenefits by adopting a resolution to such effect and filing a certified\ncopy thereof with the comptroller.\n l. Except for members of the Westchester county department of public\nsafety services who are required to contribute to the retirement system\nin the manner provided by section three hundred eighty-six of this\narticle, every member who enters or reenters service in the Westchester\ncounty department of public safety services on or after July first,\nnineteen hundred seventy-nine, and who is engaged directly in criminal\nlaw enforcement activities which aggregate fifty per centum or more of\nsaid member's service, shall contribute to the retirement system in the\nmanner provided for by this section.\n m. Notwithstanding any inconsistent provision of law, if the town\nboard of the town of Southampton elects to make the benefits of this\nsection available to the members of its police department, each member\nof such department shall be separated from service upon completion of\ntwenty years of service, provided, however, that the town board may\npermit a member to continue in service on an annual basis after the\ncompletion of twenty years of service, but in no event shall such annual\nservice be continued after a member has attained age sixty unless such\nmember has not attained twenty years of service, except however, that a\nmember of such department who holds the rank of chief within such\ndepartment may be permitted by the town board to remain in service until\nsuch member has attained the age of sixty-five.\n n. Notwithstanding any inconsistent provision of law, if the village\nboard of the village of Westhampton Beach elects to make the benefits of\nthis section available to the members of its police department, each\nmember of each department shall be separated from service upon\ncompletion of twenty years of service, provided, however, that the\nvillage board will permit a member to continue in service on an annual\nbasis after the completion of twenty years of service, but in no event\nshall such optional service be continued after a member has attained age\nfifty-five.\n o. Any member of the police and fire retirement system who was a\nmember of the New York state employees' retirement system while employed\nas a police department cadet and whose membership therein was terminated\nby his or her attaining membership in the police and fire retirement\nsystem, may purchase credit in the said police and fire retirement\nsystem for prior creditable service in the New York state employees'\nretirement system earned while employed as a police department cadet and\nshall have the period of such prior service credit counted as police\nservice for the purpose of determining the amount of his or her pension\nand retirement allowance and period of service needed for retirement. In\norder to purchase credit pursuant to this subdivision, the member shall\npay into the pension accumulation fund the contribution amount as\ndetermined by the comptroller, either in a lump sum or in installments,\nnecessary to pay in full the cost of such previous service. If such\npayment be made in installments, the same shall be paid within a period\nno greater than the number of months of such member service granted.\n p. (1) Any member of the police and fire retirement system, who was a\nmember of the New York state and local employees' retirement system\nwhile employed as a police department cadet and whose membership therein\nwas terminated by his or her attaining membership in the police and fire\nretirement system, may purchase credit in the said police and fire\nretirement system for prior creditable service in the New York state\nemployees' retirement system earned as a police department cadet and\nshall have the period of such prior service credit counted as police\nservice for the purpose of determining the amount of his or her pension\nand retirement allowance and period of service needed for retirement. In\norder to purchase credit pursuant to this subdivision a member shall\ndeposit in the pension accumulation fund a sum equal to the product of\nthe participating employers' normal contribution rate at the time of the\nmember's entry into such police department cadet service, his or her\nannual rate of compensation at that time, and the period of police\ndepartment cadet service being claimed, with regular interest. Such\ndeposit must be made within one year of the date of election by the\nparticipating employer, provided however, such member may elect to\ndeposit such amount over a period of time no greater than the period for\nwhich credit is being claimed, in which case such payments must commence\nwithin one year of the date of election by the participating employer.\nIf the full amount of such payments is not paid to the retirement\nsystem, the amount of service credited shall be proportional to the\ntotal amount of the payments made.\n (2) The benefit provided for in paragraph one hereof shall be\nconditioned upon the participating employer electing, within three years\nof the effective date of this subdivision, in a manner similar to that\nprovided in subdivision a of section three hundred thirty of this\narticle to provide this benefit and assuming the additional cost thereof\non account of all of the officers and members of its organized police\nforce or department who are contributing under the provisions of this\nsection. The benefit provided for in paragraph one of this subdivision\nshall be paid from additional contributions made by the appropriate\nparticipating employer on account of such members. The actuary of the\nretirement system shall compute the additional contributions for each\nemployer who elects to provide the benefits provided under paragraph one\nof this subdivision. Such additional contributions shall be computed on\nthe basis of contributions during the prospective service of such\nmembers which will cover the liability of the retirement system for such\nextra pensions. Upon approval of the comptroller, such additional\ncontributions shall be certified by him to the fiscal officer of the\nparticipating employer.\n q. Notwithstanding any inconsistent provision of law, if any person\nformerly employed as a paramedic by the town of Tonawanda between the\nperiod of October seventeenth, nineteen hundred seventy-four to May\nfourteenth, nineteen hundred eighty and who became employed by said town\nas a police officer on May fifteenth, nineteen hundred eighty and was\nassigned to the fifty-five year police retirement plan due to no\nnegligence of his own, desires to join the twenty year plan, he shall\nhave six months after the effective date of this subdivision to make\napplication for said transfer.\n r. 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 s. 1. Any member of the city of Yonkers police department or fire\ndepartment who was previously enrolled in an optional twenty year\nretirement plan pursuant to this section and whose enrollment in such\nplan ceased upon transfer to the retirement plan created pursuant to\nsection three hundred eighty-eight of this article, may elect to\nre-enroll in the twenty year retirement plan pursuant to this section if\nthe city council of the city of Yonkers elects to make such benefits\navailable.\n 2. The benefits provided by paragraph one of this subdivision shall be\nconditioned upon the participating employer electing within three years\nof the effective date of this subdivision, in a manner similar to the\nelection stipulated in subdivision b of section three hundred thirty of\nthis article, to provide such benefits and to assume the additional cost\nof such benefits for all officers and members of its organized police\ndepartment and fire department who otherwise transferred to the\nretirement plan provided by section three hundred eighty-eight of this\narticle.\n t. 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 * u. (1) Any member of the Nassau county police department who is\nenrolled in section three hundred eighty-five-a of this article, may\nelect to enroll in the twenty year retirement plan pursuant to this\nsection if Nassau county elects to make such benefits available.\n (2) The benefits provided by paragraph one of this subdivision shall\nbe conditioned upon the participating employer electing within three\nyears of the effective date of this subdivision, in a manner similar to\nthe election stipulated in subdivision b of section three hundred thirty\nof this article, to provide such benefits and to assume the additional\ncost of such benefits for all officers and members of its organized\npolice department who otherwise would be covered by the retirement plan\nprovided by section three hundred eighty-five-a of this article.\n * NB There are 2 sub u's\n * u. 1. Any member of the Suffolk county police department who is\nenrolled in the retirement plan provided by section three hundred\neighty-seven-a of this article, may elect to enroll in the twenty year\nretirement plan pursuant to this section if Suffolk county elects to\nmake such benefits available.\n 2. The benefits provided by paragraph one of this subdivision shall be\nconditioned upon the participating employer electing within three years\nof the effective date of this subdivision, in a manner similar to the\nelection stipulated in subdivision b of section three hundred thirty of\nthis article, to provide such benefits and to assume the additional cost\nof such benefits for all officers and members of its organized police\ndepartment who otherwise would be covered by the retirement plan\nprovided by section three hundred eighty-seven-a of this article.\n * NB There are 2 sub u's\n v. (1) Notwithstanding any inconsistent provision of law, those\nindividuals employed as police officers by the village of Freeport,\nspecifically Kevin Case, Shawn Randall, Andrew Rhan, Scott Ballard and\nMichael Horne, and who are enrolled in an improved career retirement\nplan authorized pursuant to section three hundred seventy-five-i of this\narticle, who for reasons not ascribable to their own negligence failed\nto previously join the twenty year retirement plan pursuant to this\nsection may elect to enroll in such plan if the village of Freeport\nelects to make such benefits available.\n (2) The benefits provided by paragraph one of this subdivision shall\nbe conditioned upon the participating employer electing within three\nyears of the effective date of this subdivision, in a manner similar to\nthe election stipulated in subdivision b of section three hundred thirty\nof this article, to provide such benefits.\n (3) The employer shall have the option of amortizing the cost of this\nmeasure over a period of five years.\n w. Notwithstanding any other provision of law to the contrary, any\nmember of the New York state and local police and fire retirement system\nwho was a member of the New York state and local employees' retirement\nsystem while employed as an investigator-trainee, Waterfront Commission\nof New York Harbor or the New York Waterfront Commission, which are not\ndeemed to be police service, who are employed by the New York Waterfront\nCommission, which is an employer electing to participate in the optional\ntwenty year retirement plan pursuant to this section shall be deemed to\nhave provided police service while so employed by the Waterfront\nCommission of New York Harbor or the New York Waterfront Commission and\nshall receive creditable service in the New York state and local police\nand fire retirement system for prior creditable service in the New York\nstate and local employees' retirement system earned while employed as an\ninvestigator-trainee and shall have the period of such prior service\ncredit counted as police service for the purpose of determining the\namount of their pension and retirement allowance and period of service\nneeded for retirement.\n x. Notwithstanding any provision of this section, service as an\naircraft rescue firefighter employed by the Niagara frontier\ntransportation authority shall be included for the purposes 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 and elects to provide the\nbenefit of this section.\n y. Any member currently enrolled pursuant to this section and who\npreviously transferred service credit from the New York state and local\nemployees' retirement system to the New York state and local police and\nfire retirement system, may elect to transfer such previously\ntransferred service credit back to the New York state and local\nemployees' retirement system, and such member shall have the option to\nretroactively transfer his or her membership into such employees'\nretirement system.\n