§ 385 — Retirement of members in the Nassau county police department

§ 385. Retirement of members in the Nassau county police department.\na. As used in this section, the following words and phrases shall have\nthe following meanings unless a different meaning is plainly required by\nthe context:\n 1. "County." Nassau county.\n 2. "Department." The county police department.\n 3. "Total service in such department." Service in the department, the\npolice department or police force of any town, village or police\ndistrict in the county, in the office of the sheriff of Nassau county\nprior to April sixteen, nineteen hundred twenty-five, as a Long Island\nstate park patrolman, or in the division of state police in the state\nexecutive department.\n b. Any member in the department, including the commissioner of police,\nwho so elected, on or before January first, nineteen hundred\nforty-eight, to contribute to the New York state and local employees'\nretirement system pursuant to the provisions of former section\neighty-five of this chapter in effect prior to April first, nineteen\nhundred sixty-seven, shall contribute to the police and fire retirement\nsystem on the basis of retirement upon his or her:\n 1. Completion of twenty-five years of total service in such\ndepartment, or\n 2. Attainment of age sixty in the service of such department if prior\nthereto,\non an allowance of one-fiftieth of his final average salary for each\nyear of total service in such department not in excess of twenty-five\nyears, provided such election was in writing and duly executed and filed\nwith the comptroller.\n c. Every employee who entered or re-entered service in the department\non or after May sixth, nineteen hundred forty-six, and before January\nfirst, nineteen hundred forty-eight, shall contribute on the basis\nprovided for by this section. Employees who entered or re-entered\nservice in the department on and after January first, nineteen hundred\nforty-eight but prior to January first, nineteen hundred sixty-six:\n 1. As members of the police force shall contribute on the basis\nprovided for by this section.\n 2. Other than as members of the police force, shall not be eligible to\nthe benefits of this section.\n d. Subject to the provisions of subdivisions b and c of this section,\nevery employee in the service of such department who is not a member of\nthe police and fire retirement system may elect to become a member. He\nor she thereupon shall contribute to the police and fire retirement\nsystem under the provisions of this section and be entitled to benefits\nas provided in this section. No such employee, however, shall be given\ncredit for service rendered prior to May sixth, nineteen hundred\nforty-six, unless he or she became a member of the New York state and\nlocal employees' retirement system on or before January first, nineteen\nhundred forty-eight and has subsequently become a member of the police\nand fire retirement system. Any such employee who became a member of the\nNew York state and local employees' retirement system, on or before\nJanuary first, nineteen hundred forty-eight, and has subsequently become\na member of the police and fire retirement system shall be entitled to\ncredit for past service in the department as if he or she had become a\nmember when first eligible. Such employee, however, shall pay the\ncontributions he or she would have made prior to such date had he or she\nbeen a member during such service. The amount of such contributions\nshall be paid in a lump sum or in such installments as the comptroller\nshall approve. In lieu of such payment, however, such employee may\nreceive on retirement the benefit otherwise provided by this section,\nless such annuity as is the actuarial equivalent of such unpaid\ncontributions.\n e. A member, who elects or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-one hundredth of his final average salary for each\nyear of esrvice as a member rendered after May sixth, nineteen hundred\nforty-six, and 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 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. No such member shall be required to continue contributions\nafter completing twenty-five years of such 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 department, or\nupon the 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, plus\n 2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n 3. A pension of one-one hundredth of his final average salary for each\nyear of service rendered:\n (a) Since he last became a member, and\n (b) Prior to the completion of twenty-five years of total service in\nthe department, and\n (c) Toward which he and his employer have contributed under this\nsection, plus\n 4. An additional pension of one-fiftieth of his final average salary,\nmultiplied by the number of years of total service in such department\nprior to May sixth, nineteen hundred forty-six. This pension shall be\npayable only if such member has had one or more years of service as a\nmember. The computation of this pension shall be subject to the further\nconditions that:\n (a) The service rendered prior to May sixth, nineteen hundred\nforty-six, shall be limited so that the total service in such department\nused as a basis for pension credit under this paragraph four and\nparagraph three of this subdivision f shall not exceed twenty-five\nyears, and\n (b) The amount of the additional pension payable pursuant to this\nparagraph four shall not exceed the amount needed to increase the total\namount of the benefits provided under paragraphs one, two and three of\nthis subdivision f to one-half of the final average salary, plus\n 5. An additional pension equal to the pension for any creditable\nservice rendered while not an employee of the department as provided\nunder paragraphs three and four of subdivision a of section three\nhundred seventy-five of this article. This pension shall:\n (a) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service in the\ndepartment for which he receives credit under this article, and\n (b) Not increase the total allowance to more than he would have\nreceived had his total service been rendered in the department.\n 6. In the event a member shall continue in service after twenty-five\nyears of total creditable service in the department there shall be added\nto his pension upon retirement a sum equal to one-sixtieth of his final\naverage salary for each completed additional year of service after\ntwenty-five years.\n 7. An additional pension, if required, of such amount as shall be\nnecessary to increase the total amount of the benefits provided by\nparagraphs one, two, three, four and five of this subdivision f, to\none-half of his final average salary. The pension provided by this\nparagraph shall be payable only if a member retires from service prior\nto attaining age fifty-nine, provided, however, that in the case of any\nmember who has attained the age of fifty-nine on or before September\nfirst, nineteen hundred sixty-eight, to be eligible for the additional\npension provided by this paragraph, his service shall be terminated and\nhe shall be retired on or before December thirty-first, nineteen hundred\nsixty-eight. For the purpose of determining the amount of pension\nprovided in this paragraph, the annuity shall be computed as it would be\nif it were not reduced by the actuarial equivalent of any outstanding\nloan 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 g. The increased pensions to members of the department, as provided by\nthis section, shall be paid from additional contributions made by the\ncounty on account of such members. The actuary of the police and fire\nretirement system shall compute the additional contribution for each\nmember who elects the special benefits provided under this section. Such\nadditional contributions shall be computed on the basis of contributions\nduring the prospective service of such member which will cover the\nliability of the police and fire retirement system for such extra\npensions. Upon approval by the comptroller, such additional\ncontributions shall be certified by him or her to the county executive\nof the county. The amount thereof shall be included in the annual\nappropriation of the county for county police. Such amount shall be paid\non the warrant of the county comptroller to the pension accumulation\nfund of the police and fire retirement system. Every member entering or\nre-entering the department on and after May sixth, nineteen hundred\nforty-six, shall retire on the first day of the calendar month next\nsucceeding his or her attainment of age fifty-nine.\n h. In computing the twenty-five years of completed service of a member\nin the department, full credit shall be given and full allowance shall\nbe made 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\nnineteen, of honorably dischargd officers, soldiers, sailors, marines\nand army nurses, who were actual residents of the state at the time of\ntheir entry into the military service of the United States, and the\nservice of members of the national guard in the military service of the\nUnited States of America pursuant to call of the president for Mexican\nborder service.\n i. 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 f 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 j. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n