§ 387 — Retirement of members in the Suffolk county police force

§ 387. Retirement of members in the Suffolk county police force. a. As\nused in this section, the following words and phrases shall have the\nfollowing meanings unless a different meaning is plainly required by the\ncontext:\n 1. "County." Suffolk county.\n 2. "Department." Suffolk county police department.\n 3. "Service in such department." Full time police duty as an officer\nor member of such department, or full time police duty or bay constable\nduty as an officer or member of the police force, police department or\nconstable of any town, village or police district in the county, or as a\ncriminal investigator in the office of the district attorney of Suffolk\ncounty prior to January first, nineteen hundred sixty or as a Long\nIsland state park patrolman or a member of the division of state police\nin the state executive department.\n b. Any member in service in such department, including the\ncommissioner of police, on January first, nineteen hundred sixty, who\nelected, on or before July first, nineteen hundred sixty, to contribute\nto the New York state employees' retirement system pursuant to the\nprovisions of former section eighty-seven of this chapter, in effect\nprior to April first, nineteen hundred sixty-seven, shall contribute to\nthe police and fire retirement system on the basis of retirement upon\nhis or her:\n 1. Completion of twenty-five years of service in such department, or\n 2. Attainment of age sixty in service in such department if prior\nthereto, on an allowance of one-fiftieth of his final average salary for\neach year of 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. On or after January first, nineteen hundred sixty, employees\nentering or re-entering service in such department:\n 1. As members of the police force, including the commissioner of\npolice or deputy commissioner of police, 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. 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 service as a member rendered on and after January first,\nnineteen hundred sixty, and prior to the attainment of the age when he\nshall first become eligible for retirement. No such member shall be\nrequired to continue contributions after completing twenty-five years of\nsuch 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\ntwenty-five years of creditable service in such department or upon\nattainment of age sixty, if prior thereto, 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 consisting of:\n 1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n 1-a. 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 2. 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 service in such\ndepartment, and\n (c) Toward which he and his employer have contributed under this\nsection, plus\n 3. An additional pension of one-fiftieth of his final average salary,\nmultiplied by the number of years of service in such department prior to\nJanuary first, nineteen hundred sixty. This pension shall be payable\nonly if such member has had one or more years of service as a member.\nThe computation of this pension shall be subject to the further\nconditions that:\n (a) The service shall be limited so that the service in such\ndepartment used as a basis for pension credit under this paragraph three\nand paragraph two of this subdivision e shall not exceed twenty-five\nyears, and\n (b) The amount of the additional pension payable pursuant to this\nparagraph three shall not exceed the amount needed to increase the total\nof the benefits provided under paragraphs one and two of this\nsubdivision e to one-half of the final average salary, plus\n 4. An additional pension equal to the pension for any creditable\nservice rendered while not an employee of such 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 such\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 such department.\n f. The increased pensions to members of such department, as provided\nby this 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 the Suffolk county police department.\nSuch amount shall be paid on the warrant of the comptroller of the\ncounty to the pension accumulation fund of the police and fire\nretirement system.\n g. In computing the twenty-five years of completed service in such\ndepartment, full credit shall be given and full allowance shall be made\nfor service of such member in war after world war I as defined in\nsection three hundred two of this article, provided such member at the\ntime of his entrance into the armed forces was in service in such\ndepartment, and for service in time of war during world war I and\nservice with the American expeditionary forces subsequent to November\neleventh, nineteen hundred eighteen, and prior to June thirtieth,\nnineteen hundred nineteen, of honorably discharged officers, soldiers,\nsailors and marines who were actual residents of the state at the time\nof their entry into military service of the United States.\n h. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npurusant 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. A member who elected or is required to contribute in accordance\nwith this section, who does not apply for retirement upon completion of\ntwenty-five years of service in such department, may, at the option of\nthe commissioner of police of Suffolk county, be separated from service\nat any time subsequent to the completion of twenty-five years of service\nin such department.\n j. The provisions of this section shall be controlling notwithstanding\nany provisions in this article to the contrary.\n