N.Y. Retirement & Social Security Law § 383: Retirement of members in regional state park police service

§ 383. Retirement of members in regional state park police service. a.

As used in this section the term "regional state park police service"

shall mean service in full time police duty as a park patrolman, officer

or member of any police force of a regional state park commission.

b. Any member of the police and fire retirement system in regional

state park police service may elect to 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 regional state

park police service, or

2. Attainment of age sixty in regional state park police service, if

prior thereto,

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

year of total service in regional state park police service, not in

excess of twenty-five years. Such election shall be in writing and shall

be duly executed and filed with the comptroller.

c. Every employee entering or re-entering regional state park police

service on or after April first, nineteen hundred forty-nine shall

contribute on the basis provided for by this section.

d. A member who elects 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 first, nineteen hundred forty-nine 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 regional state park

police service, 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

regional state park police service, 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 regional state

park police service prior to April first, nineteen hundred forty-nine.

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 first, nineteen hundred

forty-nine, shall be limited so that the total service in regional state

park police service 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 employed in regional state park police

service 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 in regional state

park police service 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 regional state park

police service.

f. The increased pensions to any member in regional state park police

service, 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 for 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, and upon approval by the comptroller, the

additional contributions shall be certified by the comptroller and shall

be included in the annual appropriation to the pension accumulation fund

of the police and fire retirement system in the manner provided in

section three hundred sixteen of this article.

g. In computing the twenty-five years of completed service in regional

state park police service full credit shall be given and full allowance

shall be made for service of such member in war after world war I as

defined in section three hundred two of this article, provided such

member at the time of his entrance into the armed forces was in the

regional state park police service or a member of the division of state

police in the executive department and for service in time of war during

world war I 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 and marines who were actual residents of

this 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. Service in the division of the state police in the executive

department shall be considered allowable service in regional state park

police service, for the purposes of this section, provided that the

member pays or has paid the required contributions and provided,

further, that in the case of employees entering or re-entering regional

state park police service on or after July first, nineteen hundred

fifty-four, only credit for service as a member or officer of the state

police (including service granted pursuant to subdivision g of this

section and credited as state police service) shall be so allowable.

i. The provisions of this section shall be controlling notwithstanding

any provision of this article to the contrary.

j. Notwithstanding any provision of subdivision b, c or i of this

section to the contrary, a member who is in the collective negotiating

unit designated as the security services unit and established pursuant

to article fourteen of the civil service law and who has elected or is

required to contribute in accordance with this section may, on or before

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

the provisions of section three hundred seventy-five-h of this article.

Such election shall be duly executed and filed with the comptroller.