§ 385-A — Retirement of members of the Nassau county police force; new plan

§ 385-a. Retirement of members of the Nassau county police force; new\nplan. a. As used in this section, the following words and phrases shall\nhave the following meanings unless a different meaning is plainly\nrequired by the context:\n 1. "County." Nassau county.\n 2. "Police force." The term "police force" shall include only those\nmembers of the police department who are appointed as police officers.\nSuch term, however, shall also include every employee of the police\ndepartment who entered such service prior to January first, nineteen\nhundred forty-eight and who has been contributing since that date in\naccordance with the provisions of section three hundred eighty-five of\nthis article.\n 3. "Creditable service." Full time duty as an officer or member of the\npolice force or full time police duty as an officer or member of the\npolice force of any town, village, city or police district in the\ncounty, in the office of the sheriff of the county prior to April\nsixteenth, nineteen hundred twenty-five, as sheriff of the county prior\nto December thirty-first, nineteen hundred sixty-five, as a Long Island\nstate park patrolman, or in the division of state police in the state\nexecutive department.\n b. Every member of the police force, including the commissioner who\nentered or re-entered service on the police force on and after January\nfirst, nineteen hundred sixty-six and members entering or re-entering\nservice on the police force on and after April first, nineteen hundred\nsixty-seven, and prior to September first, nineteen hundred\nseventy-eight, shall contribute on the basis provided for by this\nsection.\n c. Any member of the police force who elected to contribute under\nformer section eighty-five-a of this chapter shall contribute on the\nbasis provided for by this section.\n d. A member of the police force who elects or is required to\ncontribute in accordance with this section, shall contribute, in lieu of\nthe proportion of compensation as provided in section twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be the same as that which was or which would be\ncomputed under subdivision e of section eighty-five of this article,\nnotwithstanding the fact that such member will be eligible for\nretirement after twenty years of creditable service. In no event shall a\nmember contribute under this section at a higher rate than he was or\nwould be required to contribute under subdivision e of section\neighty-five of this article had this section not been enacted.\n Such member's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section seventy-a of this article for\nsuch period of time as his employer contributes pursuant to such section\ntoward pensions-providing-for-increased-take-home-pay provided, however,\nthat such member may by written notice duly acknowledged and filed with\nthe comptroller, make an election to waive such reduction as provided by\nsubdivision j of section twenty-one of this article. One year or more\nafter the filing thereof, a member may withdraw any such election by\nwritten notice duly acknowledged and filed with the comptroller.\n e. No member of the police force shall continue to make contributions\nafter completing twenty years of creditable service.\n f. A member of the police force, contributing on the basis of this\nsection shall be entitled to retire after the completion of twenty years\nof creditable service, or on the first day of the month following the\nattainment of the mandatory retirement age, by filing an application\ntherefor in a manner similar to that provided in section seventy of this\narticle.\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 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\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n (2) Upon attainment of the mandatory retirement age and upon\nretirement without completion of twenty years of such service, each such\nmember shall receive a pension which together with an annuity which\nshall be the actuarial equivalent of his accumulated contributions at\nthe time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled, 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.\n Only for the purpose of determining the amount of the pension provided\nin this subdivision, 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 or contributions pursuant to waiver under\nsubdivision j of section twenty-one of this article, and if it were not\nreduced by reason of the members election to decrease his annuity\ncontributions to the retirement system in order to apply the amount of\nsuch reduction in payment of his contributions for old-age and survivors\ninsurance coverage.\n g. The increased pensions to members of the police force, together\nwith all other expenses of this retirement plan exceeding the\ncontribution required to be made by members pursuant to subdivision d of\nthis section, shall be paid from contributions made by the county on\naccount of such members. The actuary of the retirement system shall\ncompute the additional contribution for each member who participates\nunder this section. Such additional contributions shall be computed on\nthe basis of contributions during the prospective service of such member\nwhich will cover the liability of the retirement system for such extra\npensions. Upon approval by the comptroller, such additional\ncontributions shall be certified by him to the county executive of the\ncounty. The amount thereof shall be included in the annual\nappropriation of the county for the Nassau county police. Such amount\nshall be paid on the warrant of the county comptroller to the pension\naccumulation fund of the retirement system.\n h. Every member of the police force except the commissioner of police\ncontributing under this section shall leave the service on the last day\nof the calendar month in which he attains age fifty-nine, which shall be\nhis mandatory retirement age. The commissioner after age fifty-nine and\nbefore age seventy may elect to retire and if he does so the date of his\nretirement shall for the purpose of this section be deemed his mandatory\nretirement age.\n i. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n