N.Y. Retirement & Social Security Law § 381: Retirement of members in the division of state police; closed plan

§ 381. Retirement of members in the division of state police; closed

plan. a. Any member in the division of state police in the executive

department who elected on or before January first, nineteen hundred

forty-nine, to contribute to the New York state employees' retirement

system pursuant to the provisions of former section eighty-one of this

chapter in force prior to April first, nineteen hundred sixty-seven,

shall contribute to the police and fire retirement system on the basis

of retirement upon his or her:

1. Completion of twenty-five years of total service in such division,

or

2. Attainment of age sixty in the service of such division, if prior

thereto,

on an allowance of one-fiftieth of his final average salary for each

year of total service in such division not in excess of twenty-five

years, provided such election was in writing and duly executed and filed

with the comptroller.

b. Every employee who entered or re-entered service in the division on

or after April sixteenth, nineteen hundred thirty-eight, and before July

first, nineteen hundred fifty-four, shall contribute on the basis

provided for by this section. Every employee who entered or re-entered

service in such division on or after July first, nineteen hundred

fifty-four and before May first, nineteen hundred sixty-one, and who, at

such time undertakes employment therein:

1. As a member or officer of the state police shall contribute on the

basis provided for by this section and, (in addition to credit pursuant

to subdivision g of this section and for service in war after world war

I, as defined in section three hundred two of this article, credited as

service as such a member or officer), only credit for service as a

member or officer of the state police shall be included in computing

years of state police service for retirement pursuant to this section.

2. Other than as a member or officer of the state police, shall not

contribute on the basis provided for by this section and shall not be

eligible to the benefits of this section on the basis of service so

rendered.

c. Subject to the provisions of subdivisions a and b of this section,

every employee in the service of such division who is not a member of

the police and fire retirement system may elect to become a member. He

or she thereupon shall contribute to the retirement system under the

provisions of this section and be entitled to benefits as provided in

this section. No such employee, however, shall be given credit for

service rendered prior to April sixteenth, nineteen hundred

thirty-eight, unless he or she became a member of the state employees'

retirement system on or before January first, nineteen hundred

forty-nine. Any such employee who becomes a member on or before January

first, nineteen hundred forty-nine, shall be entitled to credit for past

service in the division as if he or she had become a member when first

eligible. Such employee, however, shall pay the contributions he or she

would have made prior to such date had he or she been a member during

such service. The amount of such contributions shall be paid in a lump

sum or in such installments as the comptroller shall approve. In lieu of

such payment, however, such employee may receive on retirement the

benefit otherwise provided by this section, less such annuity as is the

actuarial equivalent of such unpaid contributions.

d. A member who elected or is required to contribute in accordance

with this section, shall contribute, in lieu of the proportion of

compensation as provided in section three hundred twenty-one of this

article, a proportion of his compensation similarly determined. Such

latter proportion shall be computed to provide, at the time when he

shall first become eligible for retirement under this section, an

annuity equal to one-one hundredth of his final average salary for each

year of service as a member rendered after April sixteenth, nineteen

hundred thirty-eight, and prior to the attainment of the age when he

shall first become eligible for retirement. Such member's rate of

contribution pursuant to this section shall be appropriately reduced

pursuant to section three hundred seventy-a of this article for such

period of time as his employer contributes pursuant to such section

toward pensions-providing-for-increased-take-home-pay provided, however,

that such member may by written notice duly acknowledged and filed with

the comptroller make an election to waive such reduction as provided by

subdivision j of section three hundred twenty-one of this article. One

year or more after the filing thereof, a member may withdraw any such

election by written notice duly acknowledged and filed with the

comptroller. No such member shall be required to continue contributions

after completing twenty-five years of such service.

e. A member contributing on the basis of this section at the time of

retirement, shall be entitled to retire after the completion of

twenty-five years of total creditable service in such division, or upon

the attainment of age sixty, by filing an application therefor in a

manner similar to that provided in section three hundred seventy of this

article. He thereupon shall receive, on retirement, a retirement

allowance consisting of:

1. An annuity which shall be the actuarial equivalent of his

accumulated contributions at the time of his retirement, plus

2. A pension which is the actuarial equivalent of the

reserve-for-increased-take-home-pay to which he may then be entitled, if

any, plus

3. A pension of one-one hundredth of his final average salary for each

year of service rendered:

(a) Since he last became a member, and

(b) Prior to the completion of twenty-five years of total service in

the division, and

(c) Toward which he and his employer have contributed under this

section, plus

4. An additional pension of one-fiftieth of his final average salary,

multiplied by the number of years of total service in such department

prior to April sixteenth, nineteen hundred thirty-eight. This pension

shall be payable only if such member has had one or more years of

service as a member. The computation of this pension shall be subject to

the further conditions that:

(a) The service rendered prior to April sixteenth, nineteen hundred

thirty-eight, shall be limited so that the total service in such

division used as a basis for pension credit under this paragraph four

and paragraph three of this subdivision e shall not exceed twenty-five

years, and

(b) The amount of the additional pension payable pursuant to this

paragraph four shall not exceed the amount needed to increase the total

amount of the benefits provided under paragraphs one and three of this

subdivision e to one-half of the final average salary, plus

5. An additional pension equal to the pension for any creditable

service rendered while not an employee of the division as provided under

paragraphs three and four of subdivision a of section three hundred

seventy-five of this article. This pension shall:

(a) Be payable only if such member has attained age sixty at the time

of retirement and has not completed twenty-five years of service in the

division for which he receives credit under this article, and

(b) Not increase the total allowance to more than he would have

received had his total service been rendered in the division.

f. The increased pensions to members of the division, as provided by

this section, shall be paid from additional contributions made by the

state on account of such members. The actuary of the police and fire

retirement system shall compute the additional contribution of each

member who elects the special benefits provided under this section. Such

additional contributions shall be computed on the basis of contributions

during the prospective service of such member which will cover the

liability of the police and fire retirement system for such extra

pensions. Upon approval by the comptroller, such additional

contributions shall be certified by him or her to the superintendent of

state police. The amount thereof shall be included in the annual

appropriation of the state for state police. Such amount shall be paid

on the warrant of the comptroller to the pension accumulation fund of

the retirement system.

g. In computing the twenty-five years of completed service of a member

in the division, full credit shall be given and full allowance shall be

made for service of such member in time of war and service with the

American expeditionary forces subsequent to November eleventh, nineteen

hundred eighteen, and prior to June thirtieth, nineteen hundred

nineteen, of honorably discharged officers, soldiers, sailors, marines

and army nurses, who were actual residents of the state at the time of

their entry into the military service of the United States, and the

service of members of the national guard in the military service of the

United States of America pursuant to the call of the president for

Mexican border service.

h. The provisions of this section shall be controlling notwithstanding

any provision in this chapter to the contrary.

i. Notwithstanding any provisions of subdivision b of this section to

the contrary, an employee who is required to contribute in accordance

with this section, but is not a member of the state police, may, on or

before March thirty-first, nineteen hundred seventy-three, elect to come

under the provisions of section seventy-five-h of this chapter. Such

election shall be duly executed and filed with the comptroller.