N.Y. Retirement & Social Security Law § 383-a: Retirement of members of the regional state park police; new plan

§ 383-a. Retirement of members of the regional state park police; new

plan. a. Every member or officer of the regional state park police who

enters or re-enters service on or after June twenty-eighth, nineteen

hundred sixty-five shall contribute on the basis provided for by this

section.

b. Every member or officer in the regional state park police who

entered such service prior to June twenty-eighth, nineteen hundred

sixty-five, and who elected to contribute under former section

eighty-three-a of this chapter shall contribute on the basis provided

for by this section, if he so elected on or before December

thirty-first, nineteen hundred sixty-five.

c. A member who elected to contribute under former section

eighty-three-a 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 March twenty-eighth, 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. No such member shall be

required to continue contributions after completing twenty-five years of

such service.

d. 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 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, together with such annuity and a pension which is

the actuarial equivalent of the reserve-for-increased-take-home-pay to

which he may then be entitled, if any shall equal one-fiftieth of his

final average salary for each year of creditable service in such

division. This pension shall not exceed the amount needed to make the

total amount of the benefits provided under paragraphs one and two--

this subdivision d equal to one-half of final average salary.

3. 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 two and three 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 as a

member of the regional state park police 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 as a member of the regional

state park police.

For the purpose only of determining the amount of the pension provided

herein, the annuity shall be computed as it would be:

(aa) if not reduced by the actuarial equivalent of any outstanding

loan, and

(bb) if not increased by the actuarial equivalent of any additional

contributions, and

(cc) if not reduced by reason of the member's election to decrease his

annuity contributions to the retirement systems in order to apply the

amount of such reduction in payment of his contributions for old-age and

survivors insurance coverage.

e. The increased pensions to members of the regional state park

police, as provided by this section, shall be paid from additional

contributions made by the state on account of such members. The actuary

of the retirement system shall compute the additional contribution of

each member who elects to receive 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 retirement system for such extra

pensions. Upon approval by the comptroller, such additional

contributions shall be certified by him to the commissioner of

conservation. The amount thereof shall be included in the annual

appropriation of the state for the conservation department. Such amount

shall be paid on the warrant of the comptroller to the pension

accumulation fund of the retirement system.

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

of the regional state park police, 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 or Mexican border service.

g. 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 shall be so allowable.

h. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.

i. Notwithstanding any provision of subdivision a, b or h 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.