§ 89-D — Optional twenty year retirement plan for detective investigators, criminal investigators, senior criminal investigators, confidential cri...

§ 89-d. Optional twenty year retirement plan for detective\ninvestigators, criminal investigators, senior criminal investigators,\nconfidential criminal investigators, assistant criminal investigators\nand criminal investigators/arson in the office of a district attorney in\ncounties which have elected to provide same. (a) Any member who is a\ndetective investigator, criminal investigator, senior criminal\ninvestigator, confidential criminal investigator, assistant criminal\ninvestigator and criminal investigator/arson in the office of a district\nattorney who is engaged directly in criminal law enforcement activities,\nmay elect to contribute to the retirement system on the basis of\nretirement after the completion of twenty years of total creditable\nservice pursuant to this section within one year after the county\nwherein he is so engaged elects to make the benefits provided herein\navailable. One year or more after the filing of an election, a member\nmay withdraw any such election by written notice duly acknowledged and\nfiled with the comptroller.\n (b) On and after a county elects to make the benefits provided herein\navailable, every detective investigator, criminal investigator, senior\ncriminal investigator, confidential criminal investigator, assistant\ncriminal investigator and criminal investigator/arson in the office of a\ndistrict attorney, entering or re-entering service as such and within\none year from the date of entry or re-entry, may elect to contribute to\nthe retirement system pursuant to this section. One year or more after\nthe filing thereof, a member may withdraw any such election by written\nnotice duly acknowledged and filed with the comptroller.\n (c) Elections shall be in writing and shall be duly executed and filed\nwith the comptroller.\n (e) A member who elects or is required to contribute in accordance\nwith subdivision (a) of this section shall contribute, in lieu of the\nproportion of compensation as provided in section 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-eightieth of his final average salary for each year\nof creditable service and as a member rendered after the county wherein\nhe is engaged elected the provisions of this section and prior to the\nattainment of the age when he shall first become eligible for\nretirement. Such member's rate of contribution pursuant to this section\nshall be appropriately reduced pursuant to section seventy-a of this\narticle for such period of time as the county wherein he is engaged\ncontributes pursuant to such section towards\npensions-providing-for-increased-take-home-pay. Such member's\ncontribution, reduced as aforesaid, shall also be appropriately further\nreduced by any multiple of twenty-five percentum of such contribution,\nreduced as aforesaid, which the county wherein he is engaged has elected\nto contribute on his behalf in lieu of such member's contributions\npursuant to this subdivision. No such member shall be required to make\ncontributions after completing twenty years of such service, except as\nis provided in subdivision (m) of this section.\n (f) (1) A member then covered by the provisions of this section shall\nbe entitled to retire after the completion of twenty years of total\ncreditable service and shall retire upon attainment of age sixty-two by\nfiling an application therefor with the comptroller.\n (2) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which is the actuarial equivalent of his accumulated\ncontributions, if any, at the time of his retirement, and an additional\npension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, shall be sufficient to provide him with a retirement allowance\nequal to one-half of his final average salary.\n (3) Upon attainment of the mandatory retirement age of sixty-two\nyears, and upon retirement without completion of twenty years of such\nservice, each such member shall receive a pension which together with an\nannuity which is the actuarial equivalent of his accumulated\ncontributions at the time of his retirement and an additional pension\nwhich 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-fortieth of his final average salary for each year of creditable\nservice in a district attorney's office. Every such member shall also\nbe entitled to an additional pension for other service as provided under\nparagraphs three and four of subdivision a of section seventy-five of\nthis article. This latter pension shall not increase the total allowance\nto more than one-half of his final average salary.\n (4) For the purpose only of determining the amount of the pension\nprovided in subdivisions (f) and (m) of this section, the annuity shall\nbe computed as it would be if it were not reduced by the actuarial\nequivalent of any outstanding loan, and if it were not increased by the\nactuarial equivalent of any additional contributions, 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 entire additional cost for the increased pensions to members,\nas provided by this section, shall be paid from additional contributions\nmade by the participating employer on account of such members. The\nactuary of the retirement system shall compute the additional\ncontribution required for each member who elects to receive the special\nbenefits provided under this section. Such additional contributions\nshall be computed on the basis of contributions during the prospective\nservice of such member which will cover the liability of the retirement\nsystem for such extra pensions. Upon approval of the comptroller, such\nadditional contributions shall be certified by him to the fiscal officer\nof the participating employer. The amount thereof shall be included in\nthe annual appropriation of the participating employer for its district\nattorney's office. Such amount shall be paid to the pension accumulation\nfund of the retirement system.\n (h) As used in this section "creditable service" shall include all\ncriminal law enforcement services performed as a detective investigator,\ncriminal investigator, senior criminal investigator, confidential\ncriminal investigator, assistant criminal investigator or criminal\ninvestigator/arson in the office of a district attorney, provided,\nhowever, that criminal law enforcement service shall only be creditable\nwhen it aggregates fifty percentum or more of such service.\n (i) Credit for service as a member or officer of the state police, or\nas a paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district or as a sheriff, undersheriff or\nregular deputy sheriff or as a criminal investigator in the office of a\ndistrict attorney, shall also be deemed to be creditable service and\nshall be included in computing years of total service for retirement\npursuant to this section, provided such service was performed by the\nmember while contributing to the retirement system pursuant to this\narticle or article eight of this chapter.\n (j) The county wherein the member is engaged may, in its initial\naction taken under this section or subsequent thereto, elect to assume\nand pay all or part of the additional cost on account of service\nrendered to the county prior to the effective date of such election and,\nin addition, may in its initial action taken under this section or\nsubsequent thereto, elect to assume and pay all or any multiple of\ntwenty-five per centum of the additional cost on account of service\nrendered on and after the effective date of such election. The county\nshall pay the additional cost so assumed by any such election by means\nof annual contributions which shall be determined by the actuary.\n (k) A member contributing on the basis of this section at the time of\nretirement, shall be retired on December thirty-first of the year in\nwhich he attains sixty-two years of age. Application therefor may be\nfiled in a manner similar to that provided in section seventy of this\narticle.\n (l) The benefits of this section shall be available only to those\nmembers whose employer elects to provide such benefits by adopting a\nresolution to such effect and filing a certified copy thereof with the\ncomptroller.\n (m) Upon completion of twenty years of total creditable service and\nupon retirement, each member covered by the plan provided by this\nsection shall receive, for each year of creditable service in excess of\ntwenty, but not more than ten such years, an additional retirement\nallowance equal to one-sixtieth of his final average salary for each\nsuch year of such service; provided, however, that this benefit shall be\navailable only after the county employing such member elects\nspecifically to provide this benefit. Member contributions, if any,\nshall be computed in a manner consistent with subdivision (e) of this\nsection so as to provide an annuity of one hundred twentieth of final\naverage salary for each such year of service and employers shall have\nthe further option to reduce contributions in a manner similar to that\nprovided in said subdivision (e).\n (n) Notwithstanding the provisions of article eleven of this chapter,\na detective investigator, criminal investigator, senior criminal\ninvestigator, confidential criminal investigator, assistant criminal\ninvestigator and criminal investigator/arson in the office of district\nattorney that otherwise qualifies for retirement under this section may\nretire after the completion of twenty years total creditable service\nwithout regard to age with a retirement allowance equal to one-half of\nsuch persons final average salary.\n (o) The provisions of this section shall, subject to the provisions of\nsection seventy-six of this article, apply to members who, on and after\nJune first, nineteen hundred eighty-three retire or separate in vested\nstatus from service with a participating employer who has elected to\nprovide the benefits hereunder.\n