§ 89-W — Optional twenty-five year retirement plan for county fire marshals in the county of Nassau

§ 89-w. Optional twenty-five year retirement plan for county fire\nmarshals in the county of Nassau. a. A member who serves as a county\nfire marshal, supervising fire marshal, fire marshal, assistant fire\nmarshal, assistant chief fire marshal, chief fire marshal or division\nsupervising fire marshal and is employed by the county of Nassau shall\nbe eligible to retire pursuant to the provisions of this section. Such\neligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject. The county executive of the county of Nassau shall certify to\nthe comptroller, periodically and at such intervals of time as may be\nrequired of him or her and in such fashion as may be prescribed, the\nidentity of the eligible county fire marshal, supervising fire marshals,\nfire marshals, assistant fire marshals, assistant chief fire marshals,\nchief fire marshals and division supervising fire marshals in his or her\nemploy.\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 or her\naccumulated contributions at the time of his or her retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-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 county fire marshal, supervising fire\nmarshal, fire marshal, assistant fire marshal, assistant chief fire\nmarshal or chief fire marshal employed by the county of Nassau.\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 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. A member contributing on the basis of this section at the time of\nretirement, may 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 or her accumulated\ncontributions at the time of his or her retirement and an additional\npension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary; for\nservice beyond twenty-five years and for non-fire marshal county service\nthe benefit is increased by one-sixtieth of final average salary for\neach year of additional service credit.\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.\n h. Nothing in this section shall be construed to prevent a member, who\ndoes not retire pursuant to the provisions of this section, from\nutilizing service which is creditable service pursuant to the provisions\nof this section for service credit pursuant to the provisions of any\nother plan of 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. Notwithstanding any provision of this section or of any other\nprovision of law to the contrary, county fire marshals, supervising fire\nmarshals, fire marshals, assistant fire marshals, assistant chief fire\nmarshals, chief fire marshals and division supervising fire marshals\nmust serve five years within the Nassau county fire marshal department\nafter the effective date of this section before they are eligible to\nretire under the provisions of the twenty-five year retirement plan.\n