§ 89-E — Retirement of correction officers of the Westchester county correction department; alternative eligibility for retirement

New York § 89-E

• 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

Text

§ 89-e. Retirement of correction officers of the Westchester county\ncorrection department; alternative eligibility for retirement. a. Any\nmember who is a correction officer of the Westchester county correction\ndepartment shall be eligible to retire pursuant to the provisions of\nthis section. In addition, any correction officer who is appointed to\nthe title of deputy commissioner and who, while a correction officer and\nprior to such appointment to the title of deputy commissioner, elected\nto participate in the plan established pursuant to this section may\nelect, upon such appointment to the title of deputy commissioner, to\ncontinue to participate in the plan established pursuant to this\nsection. Such eligibility shall be an alternative to the eligibility\nprovisions available under any other plan of this article to which such\nmember is subject. The chief executive officer of such county shall\ncertify to the comptroller, in a manner and at such intervals as the\ncomptroller may require, the identity of such eligible correction\nofficers, including any eligible deputy commissioners.\n b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n c. Upon completion of twenty-five 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\nreserved-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 d. As used in this section "creditable service" shall include any and\nall services performed as a correction officer of Westchester county.\n e. Credit for service as a member or officer of the state police or as\na 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 criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n f. A member contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the 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-half of his final average salary.\n g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Westchester.\n h. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n i. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n j. As used in this section, "correction officer" of the Westchester\ncounty correction department means a correction officer, correction\nofficer-sergeant, correction officer-captain, assistant warden,\nassociate warden or warden.\n k. Notwithstanding any provision of law to the contrary, where a\ncorrection officer would have been entitled to retire pursuant to this\nsection at the time of his or her death and where his or her death\noccurs on or after the effective date of the chapter of the laws of two\nthousand twenty-three that added this subdivision, the beneficiary or\nbeneficiaries may elect to receive, in a lump sum, an amount payable\nwhich shall be equal to the pension reserve that would have been\nestablished had the member retired on the date of his or her death, or\nthe value of the death benefit and the\nreserve-for-increased-take-home-pay, if any, whichever is greater.\n