N.Y. Retirement & Social Security Law § 383-b*2: Retirement of members of the capital police force in the office of general services

* § 383-b. Retirement of members of the capital police force in the

office of general services. a. As used in this section, the term

"members of the capital police force in the office of general services"

shall mean service in full time police duty as a sworn police officer of

the capital police force in the office of general services.

b. Notwithstanding any other provision of law providing for transfers

between retirement systems, any sworn police officer of the capital

police force in the office of general services who is a member of the

New York state and local 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 capital police force in the office of general

services 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 capital

police force in the office of general services, or

2. Attainment of age sixty in the capital police force in the office

of general services, if prior thereto, on an allowance of one-fiftieth

of his final average salary for each year of total service in the

capital police force in the office of general services 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 capital police force in

the office of general services 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; and

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 of

this subdivision 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 capital police force in the

office of general services 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 capital police force in the office of general services 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 capital

police force in the office of general services.

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 capital police force in

the office of general services, 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 the office of general services. The amount thereof shall be included

in the annual appropriation of the office of general services. 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 capital police force in the office of general services, 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 of 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-f of this article.

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

* NB There are 2 § 383-b's