N.Y. Retirement & Social Security Law § 383-b: Retirement of members of the division of law enforcement in the department of environmental conservation

* § 383-b. Retirement of members of the division of law enforcement in

the department of environmental conservation. a. As used in this

section, the term "member of the division of law enforcement of the

department of environmental conservation" shall mean service in full

time police duty as a sworn police officer of the division of law

enforcement in the department of environmental conservation.

b. Notwithstanding any other provision of law providing for transfers

between retirement systems, any sworn police officer of the division of

law enforcement in the department of environmental conservation who is a

member of the New York state employees' retirement system may transfer

to the New York state and local police and fire retirement system and

shall receive credit pursuant to and be entitled to the retirement

benefits afforded in accordance with this section. Upon any such

transfer the member shall be entitled to the amount of service which

would have been deemed creditable had such member been subject to such

system during the course of his or her membership within such system.

Contributions to such system shall be made in accordance with

appropriate provisions of law relating thereto. Application for such

transfer must be made to the state comptroller on or before December

thirty-first, nineteen hundred eighty-six. The provisions of section

three hundred forty-three of this article shall apply to any member

making application for transfer under this subdivision.

c. Any member of the division of law enforcement in the department of

environmental conservation who elects or is required to contribute under

this section 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 the division of

law enforcement in the department of environmental conservation, or

2. Attainment of age sixty in the division of law enforcement in the

department of environmental conservation, if prior thereto, on an

allowance of one-fiftieth of his final average salary for each year of

total service in the division of law enforcement in the department of

environmental conservation not in excess of twenty-five years. Such

election shall be in writing and shall be duly executed and filed with

the comptroller.

d. Every employee entering or re-entering the division of law

enforcement in the department of environmental conservation on or after

January first, nineteen hundred eighty-seven shall contribute on the

basis provided for by this section.

e. A member who 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 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.

f. 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 paragraph one and this

paragraph 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 the division of law enforcement

in the department of environmental conservation as provided under

paragraphs two and three of subdivision a of section three hundred

seventy-five of this article. This pension shall:

(i) 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 division of law enforcement in the department of

environmental conservation for which he receives credit under this

article, and

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

received had his total service been rendered as a member of the division

of law enforcement in the department of environmental conservation.

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

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

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

loan, and

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

contributions, and

(C) 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.

g. The increased pensions to members of the division of law

enforcement in the department of environmental conservation, 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 environmental conservation. The

amount thereof shall be included in the annual appropriation of the

state for the department of environmental conservation. Such amount

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

accumulation fund of the retirement system.

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

of the division of law enforcement in the department of environmental

conservation, 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.

i. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.

j. Notwithstanding any provision of subdivision d, e 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 eighty-seven, 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.

* NB There are 2 § 383-b's