N.Y. Retirement & Social Security Law § 383-c: Optional retirement of members holding the position of forest ranger in the service of the department of environmental conservation

§ 383-c. Optional retirement of members holding the position of forest

ranger in the service of the department of environmental conservation.

a. As used in this section, the term "forest ranger in the service of

the department of environmental conservation" shall mean a person who

serves on a full-time basis in the title of forest ranger I, forest

ranger II, forest ranger III, assistant superintendent of forest fire

control, superintendent of forest fire control or any successor titles

or new titles in the forest ranger title series in the department of

environmental conservation.

b. Notwithstanding any other provision of law providing for transfers

between retirement systems, any forest ranger in the service of the

department of environmental conservation 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

ninety-seven. 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 forest ranger in the service of the department of environmental

conservation who elects or is required to contribute under this section

shall contribute to the New York state and local police and fire

retirement system on the basis of retirement upon his:

1. Completion of twenty-five years of total creditable service, or

2. Attainment of age sixty, if prior thereto, on an allowance of

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

creditable service 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 service as a forest ranger

in the service of the department of environmental conservation on or

after the effective date of this section 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 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 this

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 this paragraph and paragraph

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

3. For each year of total creditable service in excess of twenty-five

years, an additional pension which shall be equal to one-sixtieth of his

final average salary; provided, however, that the total allowance

payable pursuant to this section shall not exceed three-quarters of such

member's final average salary.

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

service rendered while not employed as a forest ranger in the service of

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

forest ranger in the service of 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 forest ranger in the

service of 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 a forest ranger in the service of 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 total creditable service of a

forest ranger in the service of 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 provision 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

units designated as the security services unit or security supervisors

unit or designated management confidential employees 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 ninety-eight,

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.

k. Commencing with the effective date of this section and in a manner

determined by the head of the retirement system, the employer shall make

contributions to the retirement system to fund the past service

liability cost associated with the implementation of this section as

those costs are calculated by the retirement system actuary. Such

contributions may be made, at the election of the employer, in level

dollar installments over a ten year period.