§ 89 — Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community su...

New York § 89

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 9: Special Retirement Plans Applicable to Specified Classes of Members
• Art. 2: New York State Employees' Retirement System

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§ 89. Retirement of members in the uniformed personnel in institutions\nunder the jurisdiction of the department of corrections and community\nsupervision or who are security hospital treatment assistants; new plan.\na. Any member in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision,\nas hereinafter defined, who enters or re-enters service on or after the\neffective date of this section, or who is a security hospital treatment\nassistant who enters or reenters service on or after the effective date\nof the amendment permitting security hospital treatment assistants to be\ncovered by this section, shall contribute on the basis provided for by\nthis section.\n b. Any member in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision,\nas hereinafter defined, who entered such service prior to the effective\ndate of this section may, on or before September first, nineteen hundred\nsixty-six, elect to come under the provisions of this section. Such\nelection shall be in writing and shall be duly executed and filed with\nthe comptroller.\n c. Any member in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision,\nas hereinafter defined, who entered such service prior to the effective\ndate of this section, may, on or before December thirty-first, nineteen\nhundred sixty-six, elect to come under the provisions of this section.\nSuch election shall be in writing and shall be duly executed and filed\nwith the comptroller. Any such member who has made an election as set\nforth herein on or before December thirty-first, nineteen hundred\nsixty-five, shall be permitted to withdraw the same and in like manner\nmake a new election on or before December thirty-first, nineteen hundred\nsixty-six.\n d. A member who elects or is required to contribute in accordance with\nthis section shall contribute, in lieu of the proportion of compensation\nas provided in section twenty-one of this article, a proportion of his\nor her compensation similarly determined. Such latter proportion shall\nbe computed to provide at the time when he or she shall first become\neligible for retirement under this section, an annuity equal to one-one\nhundredth of his or her final average salary for each year of service as\na member rendered after May first, nineteen hundred sixty-five, and\nprior to the attainment of the age when he or she shall first become\neligible for retirement. Such member's rate of contribution pursuant to\nthis section shall be appropriately reduced pursuant to section\nseventy-a of this article for such period of time as his or her employer\ncontributes pursuant to such section toward\npensions-providing-for-increased-take-home pay. 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 total creditable service as defined in subdivision\ni of this section, or upon the attainment of age sixty, by filing an\napplication therefor in a manner similar to that provided in section\nseventy of this article. He or she thereupon shall receive, on\nretirement a retirement allowance consisting of:\n 1. An annuity, which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement, plus,\n 2. A pension which, together with such annuity and a pension which is\nthe actuarial equivalent of the reserves for-increased-take-home pay to\nwhich he or she may then be entitled, if any, shall equal one-fiftieth\nof his or her final average salary for each year of creditable service\nin the uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or for each year of\ncreditable service as a security hospital treatment assistant under the\njurisdiction of the office of mental health, as hereinafter defined.\nThis pension shall not exceed the amount needed to make the total amount\nof the benefits provided under paragraphs one and two of this\nsubdivision e equal to one-half of his or her final average salary.\n 3. An additional pension equal to the pension for any creditable\nservice rendered while not in the uniformed personnel in institutions\nunder the jurisdiction of the department of corrections and community\nsupervision and rendered while not serving as a security hospital\ntreatment assistant under the jurisdiction of the office of mental\nhealth, as hereinafter defined, as provided under paragraphs two and\nthree of subdivision a of section seventy-five of this article. This\npension 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 for\nwhich he receives credits under this article, and\n (b) Not increase the total allowance to more than one-half of his or\nher final average salary.\n For the purpose only of determining the amount of the pension provided\nherein, the annuity shall be computed as it would be:\n (aa) if not reduced by the actuarial equivalent of any outstanding\nloan, and\n (bb) if not increased by the actuarial equivalent of any additional\ncontributions, and\n (cc) if not reduced by reason of the member's election to decrease his\nor her annuity contributions to the retirement system in order to apply\nthe amount of such reduction in payment of his contributions for old-age\nand survivors insurance coverage.\n f. The increased pensions to members of the uniformed personnel in\ninstitutions under the jurisdiction of the department of corrections and\ncommunity supervision or to members who are security hospital treatment\nassistants under the jurisdiction of the office of mental health, as\nprovided by this section, shall be paid from additional contributions\nmade by the state on account of such member. The actuary of the\nretirement system shall compute the additional contribution of each\nmember who elects to receive the special benefits provided under this\nsection. Such additional contributions shall be computed on the basis of\ncontributions during the prospective service of such member which will\ncover the liability of the retirement system for such extra pensions.\n g. In computing the twenty-five years of completed service of a member\nin the uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or of a member who\nis a security hospital treatment assistant under the jurisdiction of the\noffice of mental health, as hereinafter defined, full credit shall be\ngiven and full allowance shall be made for service of such member in war\nafter world war 1 as defined in section two of this chapter, provided\nsuch member at the time of his or her entrance into the armed forces was\nin state service.\n h. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n i. As used in this section, "uniformed persons" or "uniformed\npersonnel" in institutions under the jurisdiction of the department of\ncorrections and community supervision or "security hospital treatment\nassistants" under the jurisdiction of the office of mental health mean\nofficers or employees holding the titles hereinafter set forth in\ninstitutions under the jurisdiction of the department of corrections and\ncommunity supervision or under the jurisdiction of the office of mental\nhealth, namely: correction officers, prison guards, correction\nsergeants, correction lieutenants, correction captains, deputy assistant\nsuperintendent or warden, deputy warden or deputy superintendent,\nsuperintendents and wardens, assistant director and director of\ncorrection reception center, director of correctional program, assistant\ndirector of correctional program, director of community correctional\ncenter, community correctional center assistant, correction hospital\nofficers, male or female, correction hospital senior officers,\ncorrection hospital charge officer, correction hospital supervising\nofficer, correction hospital security supervisor, correction hospital\nchief officer, correction youth camp officer, correction youth camp\nsupervisor, assistant supervisor, correctional camp superintendent,\nassistant correctional camp superintendent, director of crisis\nintervention unit, assistant director of crisis intervention unit,\nsecurity hospital treatment assistants, security hospital treatment\nassistants (Spanish speaking), security hospital senior treatment\nassistants, security hospital supervising treatment assistants and\nsecurity hospital treatment chiefs. Previous service rendered under the\ntitles by which such positions were formerly designated and previous\nservice rendered as a narcotic addiction control commission officer\nshall constitute creditable service. Notwithstanding any provision of\nlaw to the contrary, any employee of the department of corrections and\ncommunity supervision who became enrolled under this section by reason\nof employment as a uniformed person in an institution under the\njurisdiction of the department of corrections and community supervision\nshall be entitled to full retirement credit for, and full allowance\nshall be made under this section for the service of such employee, not\nto exceed twelve years, while assigned to the training academy or\ncentral office, in the following titles, namely: correction officer,\ncorrection sergeant, correction lieutenant, correction captain,\ncorrectional services investigator, senior correctional services\nemployee investigator, correctional services fire and safety\ncoordinator, director of special housing and incarcerated individual\ndisciplinary program, assistant director of special housing and\nincarcerated individual disciplinary program, assistant chief of\ninvestigations, director of CERT operations, correctional facility\noperations specialist, director of security staffing project,\ncorrectional security technical services specialist, assistant\ncommissioner and deputy commissioner.\n j. Notwithstanding any provisions of subdivision a, b or i of this\nsection to the contrary, a member who is in the collective negotiating\nunit designated as the security services unit and established pursuant\nto article fourteen of the civil service law and who has elected or is\nrequired to contribute in accordance with this section may, on or before\nMarch thirty-first, nineteen hundred seventy-three, elect to come under\nthe provisions of section seventy-five-h of this article. Such election\nshall be duly executed and filed with the comptroller.\n k. Any member who, on or before the effective date of this provision,\nis a security hospital treatment assistant under the jurisdiction of the\noffice of mental health may, by filing an election within one year after\nthe effective date of this provision, elect to be subject to the\nprovisions of this section. Such election shall be in writing, shall be\nduly executed and filed with the comptroller and shall be irrevocable.\n