§ 387-A — Retirement of members of the Suffolk county police force; new plan

§ 387-a. Retirement of members of the Suffolk 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." Suffolk county.\n 2. "Police force." All members of the police department excepting\nthose members appointed to render clerical or stenographic, mechanical,\nchauffeur or laboring service exclusively. Such term, however, shall\nalso include every employee of the police department who entered such\nservice prior to January first, nineteen hundred sixty and who has been\ncontributing since that date in accordance with the provisions of\nsection eighty-seven of this article.\n 3. "Creditable service." Full time police duty as an officer or member\nof such department, or full time police duty or bay constable duty as an\nofficer or member of the police force, police department or constabulary\nof any town, village or police district in the county, or as a criminal\ninvestigator in the office of the district attorney of Suffolk county or\nfull time police duty as a police officer in any city of the state of\nNew York 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. Every member of the police force, including the commissioner, who\nenters or re-enters service on the police force on or after January\nfirst, nineteen hundred sixty-eight, shall contribute to the retirement\nsystem in the manner provided for by this section. On and after January\nfirst, nineteen hundred seventy-nine no person may elect to be covered\nunder the provisions of this section.\n c. Any member of the police force who is contributing on the basis of\nretirement at age sixty or under sections three hundred seventy-one,\nthree hundred seventy-one-a, three hundred seventy-two, three hundred\nseventy-five, three hundred eighty-four or three hundred eighty-seven of\nthis article, may, on or after September first, nineteen hundred\nsixty-seven, and before January first, nineteen hundred sixty-nine,\nelect to come under the provisions of this section. Such election shall\nbe in writing and shall be duly executed and filed with the comptroller.\nBy such election, such member shall waive any and all rights and\nbenefits to which he was previously entitled under sections three\nhundred seventy-one, three hundred seventy-one-a, three hundred\nseventy-two, three hundred seventy-five, three hundred eighty-four or\nthree hundred eighty-seven of this article, and shall accept instead,\nthe rights and benefits of this section as of January first, nineteen\nhundred sixty-nine. He thereupon shall be given credit for such service\nand contributions as he was otherwise credited with under sections three\nhundred seventy-one, three hundred seventy-one-a, three hundred\nseventy-two, three hundred seventy-five, three hundred eighty-four or\nthree hundred eighty-seven of this article.\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 d of section eighty-seven of this chapter,\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 d of section\neighty-seven 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 member's 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 Suffolk 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\nor deputy commissioner of police contributing under this section shall\nleave the service on the last day of the calendar month in which he\nattains age sixty-two, which shall be his mandatory retirement age. The\ncommissioner or deputy commissioner after age sixty-two and before age\nseventy may elect to retire and if he does so the date of his retirement\nshall for the purpose of this section be deemed his mandatory retirement\nage.\n i. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n