N.Y. Retirement & Social Security Law § 383-f: Retirement of officers of state law enforcement; alternative twenty-five year retirement plan

§ 383-f. Retirement of officers of state law enforcement; alternative

twenty-five year retirement plan. a. Membership. Every non-seasonally

appointed sworn member or officer of the division of law enforcement in

the department of environmental conservation, a forest ranger in the

service of the department of environmental conservation, which 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, or any successor titles or new titles in the

forest ranger title series in the department of environmental

conservation, a police officer in the department of environmental

conservation, the regional state park police, and university police

officers whose date of membership is prior to January ninth, two

thousand ten may irrevocably elect to be covered by the provisions of

this section by filing an election therefor with the comptroller. The

deadline to make such election for every member described in this

subdivision in such service shall be December thirty-first, two thousand

twenty-six or within one year of employment in an eligible title,

whichever is later. Upon completion of twenty-five years of such service

and upon retirement, each such member shall receive a pension which,

together with an annuity, if any, which shall be the actuarial

equivalent of such member's accumulated contributions at the time of

their retirement and an additional pension which is the actuarial

equivalent of the reserve-for-increased-take-home-pay to which such

member may then be entitled, if any, shall be sufficient to provide such

member with a retirement allowance equal to fifty-five percent of their

final average salary. To be effective, such election must be duly

executed and acknowledged on a form prepared by the comptroller for such

purpose.

b. Retirement allowance. 1. A member, covered by the provisions of

this section at the time of retirement, shall be entitled to retire upon

completion of twenty-five years of total creditable service in such

titles by filing an application therefor in a manner similar to that

provided in section three hundred seventy of this article.

2. Upon completion of more than twenty-five years of such service and

upon retirement, each such member shall receive, for each year of

service in excess of twenty-five, an additional pension which, together

with an annuity for each such year as provided in paragraph three of

this subdivision, shall be equal to one-hundredth of their final average

salary, provided, however, that the pension payable pursuant to this

section shall not exceed sixty-five per centum of such member's final

average salary.

3. The annuity provided under paragraph two of this subdivision shall

be the actuarial equivalent, at the time of retirement, of the member's

accumulated contributions based upon the rate of contributions fixed

under section three hundred eighty-three of this title and upon the

salaries earned while in such service. Such annuity shall be computed as

it would be if it were not reduced by the actuarial equivalent of any

outstanding loan nor by reason of the member's election to decrease such

member's contributions for old age and survivor's insurance. Any

accumulated contributions in excess of the amount required to provide

the annuity computed pursuant to this paragraph shall be used to

increase the member's retirement allowance.

c. Credit for previous service. In computing the years of total

creditable service for each member described herein, full credit shall

be given and full allowance shall be made for service rendered as a

member of a retirement plan established pursuant to section three

hundred eighty-one-b of this title, a police officer or state university

peace officer or member of a police force or department of a state park

authority or commission or an organized police force or department of a

county, city, town, village, police district, authority or other

participating employer or member of the capital police force in the

office of general services while a member of the New York state and

local police and fire retirement system, of the New York state and local

employees' retirement system or of the New York city police pension fund

and for all service for which full credit has been given and full

allowance made pursuant to the provisions of section three hundred

seventy-five-h of this article provided, however, that full credit

pursuant to the provisions of such section shall mean only such service

as would be creditable service pursuant to the provisions of section

three hundred eighty-three, three hundred eighty-three-a, three hundred

eighty-three-b, as added by chapter six hundred seventy-four of the laws

of nineteen hundred eighty-six, three hundred eighty-three-b, as added

by chapter six hundred seventy-seven of the laws of nineteen hundred

eighty-six, three hundred eighty-three-c or three hundred eighty-three-d

of this title or pursuant to the provisions of title thirteen of the

administrative code of the city of New York for any member contributing

pursuant to this section who transferred to the jurisdiction of the

department of environmental conservation including but not limited to

environmental conservation officers and forest rangers, regional state

park police or state university of New York peace officers.

d. Employee contributions. Notwithstanding any provisions of this

chapter to the contrary, any member currently enrolled pursuant to this

section shall be required to make employee contributions equal to one

and one-half per centum of annual wages, provided, however, that

beginning on and after July first, two thousand twenty-five, any member

currently enrolled pursuant to this section shall have no such employee

contributions.

e. The provisions of this section shall be controlling,

notwithstanding any provision of law to the contrary.