N.Y. Retirement & Social Security Law § 384-d: Optional twenty year retirement plan for certain firefighters and police officers whose employer elects to provide same

§ 384-d. Optional twenty year retirement plan for certain firefighters

and police officers whose employer elects to provide same.

a. Any member of the retirement system who is a firefighter, police

officer or officer of any organized fire department or organized police

force or police department of any county, city, town, village, fire

district, police district or participating employer may elect to

contribute to the retirement system pursuant to this section within one

year after he or she becomes such an officer or member, if his or her

employer has previously elected to make the benefits provided herein

available to its officers and members, or within one year after his or

her employer elects to make the benefits provided herein available to

its officers and members.

b. Elections made pursuant to this section shall be in writing and

shall be duly acknowledged and filed with the comptroller. Any member

who files such an election pursuant to this section may withdraw it

after it has been filed for at least a year. Such withdrawal shall be by

written notice duly acknowledged and filed with the comptroller. After

such withdrawal such member shall contribute to the retirement system as

otherwise provided in this article.

c. A member who elects 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-eightieth of his

final average salary for each year of service as a member rendered after

his employer elects the provisions of this section, 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 provided, however, that

such member may by written notice duly acknowledged and filed with the

comptroller, make an election to waive such reduction as provided by

subdivision j of section three hundred twenty-one of this article. One

year or more after the filing thereof, a member may withdraw any such

election by written notice duly acknowledged and filed with the

comptroller. Such member's rate of contribution shall also be

appropriately reduced by any multiple of twenty-five per centum of the

additional cost which a member's employer has elected to contribute on

his behalf in lieu of such member's contributions pursuant to this

subdivision.

d. No such member shall be required to make contributions after

completing twenty years of such service.

e. A member contributing on the basis of this section at the time of

retirement, shall be entitled to retire after the completion of twenty

years of total creditable service in such fire department or police

force or department, or upon the attainment of age sixty-two, by filing

an application therefor in a manner similar to that provided in section

three hundred seventy of this article.

(1) Upon completion of twenty 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 his

accumulated contributions at the time of his retirement and an

additional pension which is the actuarial equivalent of the

reserve-for-increased-take-home-pay to which he may then be entitled, if

any, shall be sufficient to provide him with a retirement allowance

equal to one-half of his final average salary.

(2) Upon attainment of age sixty-two and upon retirement without

completion of twenty years of such service, each such member shall

receive a pension which together with an annuity, if any, which shall be

the actuarial equivalent of his accumulated contributions at the time of

his retirement and an additional pension which is the actuarial

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

then be entitled, if any, shall be sufficient to provide him with a

retirement allowance equal to one-fortieth of his final average salary

for each year of creditable service in such fire department or police

force or department. Every such member shall also be entitled to an

additional pension equal to the pension for any creditable service

rendered while not an employee of such fire department or police force

or department as provided under paragraphs three and four of subdivision

a of section three hundred seventy-five of this article. This latter

pension shall not increase the total allowance to more than one-half of

his final average salary.

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

in this subdivision e, the annuity shall be computed as it would be if

it were not reduced by the actuarial equivalent of any outstanding loan,

and if it were not increased by the actuarial equivalent of any

additional contributions, and if it were not reduced by reason of the

member's election to decrease his annuity contributions to the

retirement system in order to apply the amount of such reduction in

payment of his contributions for old-age and survivors insurance

coverage.

f. The increased pensions to such members, as provided by this

section, shall be paid from additional contributions made by the

participating employer on account of such members. The actuary of the

retirement system shall compute the additional contribution required for

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 of the comptroller, such additional

contributions shall be certified by him to the fiscal officer of the

participating employer. The amount thereof shall be included in the

annual appropriation of the participating employer for its fire

department and police force or department. Such amount shall be paid on

the warrant of the fiscal officer of the participating employer to the

pension accumulation fund of the retirement system.

g. In computing the twenty years of completed service of a member of a

police department or fire department, full credit shall be given for

military service as defined in subdivisions twenty-nine-a and thirty of

section three hundred two of this chapter. In addition, full credit

shall be given and full allowance shall be made for prior service in a

fire department or police force or department, other than the force or

department in which he is a member at the time of retirement, if his

employer elects to assume the cost of such prior fire or police service

as hereinafter provided.

The member's employer, however, by appropriate action, may (a) in its

initial action under this section, elect to assume all of the additional

cost on account of service as an officer or member of any such

department or force rendered to such employer prior to the effective

date of such election and (b) in any subsequent action, as hereafter

provided in this paragraph, elect to assume all of the additional cost

on account of previous service as an officer or member of any such other

department or force and, in addition may in its initial action under

this section, elect to assume any multiple of twenty-five per centum of

such additional cost on account of such service for such current

employer rendered on and after the effective date of such initial

election. Any subsequent election changing the percentage of additional

cost assumed by an employer shall apply only to service rendered for

such employer on and after the effective date of such subsequent

election. The employer shall pay the additional cost so assumed by any

such election by means of annual contributions which shall be determined

by the actuary and paid by the employer in the same manner as the

contributions required under section three hundred twenty-three of this

article. An employer, which in its initial action elected to assume all

of the additional cost on account of service only as an officer or

member of its police or fire department rendered prior to the effective

date of such election may elect to assume all of the additional cost,

including the cost of the necessary actuarial reevaluation on account of

previous service rendered as an officer or member of any such organized

fire department or organized police force or department of any county,

city, town, village, fire district, police district, or participating

employer other than such employer.

h. Upon retirement of any member pursuant to this section, any

additional amounts credited to the member's annuity savings account

pursuant to subdivision b of section three hundred thirty of this

article shall be treated as excess contributions and shall be used to

provide an annuity in addition to the annuity prescribed by this

section. Any other amounts credited to the member's annuity savings

account, except the amounts contributed or required to be contributed

under this section and except such amounts as are required to produce

the retirement allowance provided by subdivision e of this section, may

at the option of the member at the time of retirement be withdrawn or

used to provide an annuity in addition to the annuity prescribed by this

section.

i. Every member contributing on the basis of this section shall be

separated from the service on the last day of the calendar month next

succeeding the calendar month in which he or she attains age sixty-five,

provided, however, that such a member who attained the age of sixty-five

before his or her employer elected to make the benefits provided herein

available to him or her, or who attains the age of sixty-five within one

month after his or her employer makes such benefits available, to be

eligible for a pension computed in accordance with the provisions of

subdivision e of this section, shall be separated from the service

within three months after his or her employer makes such benefits

available, or on or before December thirty-first, nineteen hundred

sixty-eight, whichever shall last occur, provided further, however, to

be eligible to remain on payroll under this section after attaining the

age of sixty-two, such members must be capable of performing the duties

of their position.

j. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.

k. The benefits of this section shall be available only to those

police officers and firefighters whose employer elects to provide such

benefits by adopting a resolution to such effect and filing a certified

copy thereof with the comptroller.

l. Except for members of the Westchester county department of public

safety services who are required to contribute to the retirement system

in the manner provided by section three hundred eighty-six of this

article, every member who enters or reenters service in the Westchester

county department of public safety services on or after July first,

nineteen hundred seventy-nine, and who is engaged directly in criminal

law enforcement activities which aggregate fifty per centum or more of

said member's service, shall contribute to the retirement system in the

manner provided for by this section.

m. Notwithstanding any inconsistent provision of law, if the town

board of the town of Southampton elects to make the benefits of this

section available to the members of its police department, each member

of such department shall be separated from service upon completion of

twenty years of service, provided, however, that the town board may

permit a member to continue in service on an annual basis after the

completion of twenty years of service, but in no event shall such annual

service be continued after a member has attained age sixty unless such

member has not attained twenty years of service, except however, that a

member of such department who holds the rank of chief within such

department may be permitted by the town board to remain in service until

such member has attained the age of sixty-five.

n. Notwithstanding any inconsistent provision of law, if the village

board of the village of Westhampton Beach elects to make the benefits of

this section available to the members of its police department, each

member of each department shall be separated from service upon

completion of twenty years of service, provided, however, that the

village board will permit a member to continue in service on an annual

basis after the completion of twenty years of service, but in no event

shall such optional service be continued after a member has attained age

fifty-five.

o. Any member of the police and fire retirement system who was a

member of the New York state employees' retirement system while employed

as a police department cadet and whose membership therein was terminated

by his or her attaining membership in the police and fire retirement

system, may purchase credit in the said police and fire retirement

system for prior creditable service in the New York state employees'

retirement system earned while employed as a police department cadet and

shall have the period of such prior service credit counted as police

service for the purpose of determining the amount of his or her pension

and retirement allowance and period of service needed for retirement. In

order to purchase credit pursuant to this subdivision, the member shall

pay into the pension accumulation fund the contribution amount as

determined by the comptroller, either in a lump sum or in installments,

necessary to pay in full the cost of such previous service. If such

payment be made in installments, the same shall be paid within a period

no greater than the number of months of such member service granted.

p. (1) Any member of the police and fire retirement system, who was a

member of the New York state and local employees' retirement system

while employed as a police department cadet and whose membership therein

was terminated by his or her attaining membership in the police and fire

retirement system, may purchase credit in the said police and fire

retirement system for prior creditable service in the New York state

employees' retirement system earned as a police department cadet and

shall have the period of such prior service credit counted as police

service for the purpose of determining the amount of his or her pension

and retirement allowance and period of service needed for retirement. In

order to purchase credit pursuant to this subdivision a member shall

deposit in the pension accumulation fund a sum equal to the product of

the participating employers' normal contribution rate at the time of the

member's entry into such police department cadet service, his or her

annual rate of compensation at that time, and the period of police

department cadet service being claimed, with regular interest. Such

deposit must be made within one year of the date of election by the

participating employer, provided however, such member may elect to

deposit such amount over a period of time no greater than the period for

which credit is being claimed, in which case such payments must commence

within one year of the date of election by the participating employer.

If the full amount of such payments is not paid to the retirement

system, the amount of service credited shall be proportional to the

total amount of the payments made.

(2) The benefit provided for in paragraph one hereof shall be

conditioned upon the participating employer electing, within three years

of the effective date of this subdivision, in a manner similar to that

provided in subdivision a of section three hundred thirty of this

article to provide this benefit and assuming the additional cost thereof

on account of all of the officers and members of its organized police

force or department who are contributing under the provisions of this

section. The benefit provided for in paragraph one of this subdivision

shall be paid from additional contributions made by the appropriate

participating employer on account of such members. The actuary of the

retirement system shall compute the additional contributions for each

employer who elects to provide the benefits provided under paragraph one

of this subdivision. Such additional contributions shall be computed on

the basis of contributions during the prospective service of such

members which will cover the liability of the retirement system for such

extra pensions. Upon approval of the comptroller, such additional

contributions shall be certified by him to the fiscal officer of the

participating employer.

q. Notwithstanding any inconsistent provision of law, if any person

formerly employed as a paramedic by the town of Tonawanda between the

period of October seventeenth, nineteen hundred seventy-four to May

fourteenth, nineteen hundred eighty and who became employed by said town

as a police officer on May fifteenth, nineteen hundred eighty and was

assigned to the fifty-five year police retirement plan due to no

negligence of his own, desires to join the twenty year plan, he shall

have six months after the effective date of this subdivision to make

application for said transfer.

r. The benefits hereinabove provided shall be payable to a member,

unless at the date of retirement, such member would otherwise be

entitled to a greater benefit under other provisions of this article had

he withdrawn from this section, in which event such greater benefits

shall be payable.

s. 1. Any member of the city of Yonkers police department or fire

department who was previously enrolled in an optional twenty year

retirement plan pursuant to this section and whose enrollment in such

plan ceased upon transfer to the retirement plan created pursuant to

section three hundred eighty-eight of this article, may elect to

re-enroll in the twenty year retirement plan pursuant to this section if

the city council of the city of Yonkers elects to make such benefits

available.

2. The benefits provided by paragraph one of this subdivision shall be

conditioned upon the participating employer electing within three years

of the effective date of this subdivision, in a manner similar to the

election stipulated in subdivision b of section three hundred thirty of

this article, to provide such benefits and to assume the additional cost

of such benefits for all officers and members of its organized police

department and fire department who otherwise transferred to the

retirement plan provided by section three hundred eighty-eight of this

article.

t. Any member of the New York state and local police and fire

retirement system who was a member of the New York city employees'

retirement system while employed as a New York city police department

trainee or a New York city transit officer trainee and whose membership

therein was terminated by his attaining membership in the New York state

and local police and fire retirement system, may purchase credit in the

New York state and local police and fire retirement system for prior

creditable service in the New York city employees' retirement system

earned while employed as a police department trainee or transit officer

trainee and shall have the period of such prior service credit counted

as police service for the purpose of determining the amount of his

pension and retirement allowance and period of service needed for

retirement. In order to purchase credit pursuant to this subdivision,

the member shall pay into the pension accumulation fund the contribution

amount as determined by the comptroller, either in a lump sum or in

installments, necessary to pay in full the cost of such previous

service. If such payment be made in installments, the same shall be paid

within a period no greater than the number of months of such member

service granted.

* u. (1) Any member of the Nassau county police department who is

enrolled in section three hundred eighty-five-a of this article, may

elect to enroll in the twenty year retirement plan pursuant to this

section if Nassau county elects to make such benefits available.

(2) The benefits provided by paragraph one of this subdivision shall

be conditioned upon the participating employer electing within three

years of the effective date of this subdivision, in a manner similar to

the election stipulated in subdivision b of section three hundred thirty

of this article, to provide such benefits and to assume the additional

cost of such benefits for all officers and members of its organized

police department who otherwise would be covered by the retirement plan

provided by section three hundred eighty-five-a of this article.

* NB There are 2 sub u's

* u. 1. Any member of the Suffolk county police department who is

enrolled in the retirement plan provided by section three hundred

eighty-seven-a of this article, may elect to enroll in the twenty year

retirement plan pursuant to this section if Suffolk county elects to

make such benefits available.

2. The benefits provided by paragraph one of this subdivision shall be

conditioned upon the participating employer electing within three years

of the effective date of this subdivision, in a manner similar to the

election stipulated in subdivision b of section three hundred thirty of

this article, to provide such benefits and to assume the additional cost

of such benefits for all officers and members of its organized police

department who otherwise would be covered by the retirement plan

provided by section three hundred eighty-seven-a of this article.

* NB There are 2 sub u's

v. (1) Notwithstanding any inconsistent provision of law, those

individuals employed as police officers by the village of Freeport,

specifically Kevin Case, Shawn Randall, Andrew Rhan, Scott Ballard and

Michael Horne, and who are enrolled in an improved career retirement

plan authorized pursuant to section three hundred seventy-five-i of this

article, who for reasons not ascribable to their own negligence failed

to previously join the twenty year retirement plan pursuant to this

section may elect to enroll in such plan if the village of Freeport

elects to make such benefits available.

(2) The benefits provided by paragraph one of this subdivision shall

be conditioned upon the participating employer electing within three

years of the effective date of this subdivision, in a manner similar to

the election stipulated in subdivision b of section three hundred thirty

of this article, to provide such benefits.

(3) The employer shall have the option of amortizing the cost of this

measure over a period of five years.

w. Notwithstanding any other provision of law to the contrary, any

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

who was a member of the New York state and local employees' retirement

system while employed as an investigator-trainee, Waterfront Commission

of New York Harbor or the New York Waterfront Commission, which are not

deemed to be police service, who are employed by the New York Waterfront

Commission, which is an employer electing to participate in the optional

twenty year retirement plan pursuant to this section shall be deemed to

have provided police service while so employed by the Waterfront

Commission of New York Harbor or the New York Waterfront Commission and

shall receive creditable service in the New York state and local police

and fire retirement system for prior creditable service in the New York

state and local employees' retirement system earned while employed as an

investigator-trainee and shall have the period of such prior service

credit counted as police service for the purpose of determining the

amount of their pension and retirement allowance and period of service

needed for retirement.

x. Notwithstanding any provision of this section, service as an

aircraft rescue firefighter employed by the Niagara frontier

transportation authority shall be included for the purposes of computing

police or fire service for retirement pursuant to this section, provided

such authority has elected to participate in the New York state and

local police and fire retirement system and elects to provide the

benefit of this section.

y. Any member currently enrolled pursuant to this section and who

previously transferred service credit from the New York state and local

employees' retirement system to the New York state and local police and

fire retirement system, may elect to transfer such previously

transferred service credit back to the New York state and local

employees' retirement system, and such member shall have the option to

retroactively transfer his or her membership into such employees'

retirement system.