§ 89-T — Optional twenty-five year retirement plan for county probation officers

New York § 89-T

• 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-t. Optional twenty-five year retirement plan for county\nprobation officers. a. A member employed by a county shall be eligible\nto retire pursuant to the provisions of this section if the county\nelects to make the benefits provided herein available as provided in\nsubdivision j of this section and if he or she is a peace officer\nemployed by a county probation department. Such eligibility shall be an\nalternative to the eligibility provisions available under any other plan\nof this article to which such member is subject. The comptroller shall\nhave the authority to include positions herein that comprehend the same\nduties and responsibilities, but are named differently.\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 or her final average salary.\n d. As used in this section "creditable service" shall include any and\nall services performed as a peace officer within a county probation\ndepartment.\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, or as a probation assistant in a\ncounty probation department, shall also be deemed to be creditable\nservice and shall be included in computing years of total service for\nretirement pursuant to this section.\n f. The chief executive officer in each county shall certify to the\ncomptroller, periodically and at such intervals of time as may be\nrequired and in such fashion as may be prescribed, the identity of the\neligible probation officers.\n g. 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 reserved-for-increased-take-home-pay to\nwhich he may then be entitled, shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n h. 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 his or her employer that makes the election provided for\nherein.\n i. 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 j. (1) Each county that elects pursuant to the provisions of this\nsubdivision shall pay the cost attributable therefor.\n (2) The benefits of this section shall be available only to those\nmembers defined in subdivisions a and d of this section whose employer\nelects to provide such benefits by adopting a resolution to such effect\nand filing a certified copy thereof with the comptroller. Such\nresolution may also contain an election that any past service cost be\npaid over either a five-year or ten-year period. Such resolution shall\nbe accompanied by the affidavit of the chief executive officer of the\ncounty that the county has received an estimate from the retirement\nsystem of the cost of the benefit provided by this section.\n (3) Such resolution shall apply to all members defined in subdivisions\na and d of this section, except those already subject to a retirement\nplan which permits immediate retirement with a benefit upon a specified\nperiod of service of twenty-five years or less without regard to age.\n k. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n * NB There are 2 § 89-t's\n