N.Y. Retirement & Social Security Law § 385: Retirement of members in the Nassau county police department

§ 385. Retirement of members in the Nassau county police department.

a. As used in this section, the following words and phrases shall have

the following meanings unless a different meaning is plainly required by

the context:

1. "County." Nassau county.

2. "Department." The county police department.

3. "Total service in such department." Service in the department, the

police department or police force of any town, village or police

district in the county, in the office of the sheriff of Nassau county

prior to April sixteen, nineteen hundred twenty-five, as a Long Island

state park patrolman, or in the division of state police in the state

executive department.

b. Any member in the department, including the commissioner of police,

who so elected, on or before January first, nineteen hundred

forty-eight, to contribute to the New York state and local employees'

retirement system pursuant to the provisions of former section

eighty-five of this chapter in effect prior to April first, nineteen

hundred sixty-seven, 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 such

department, or

2. Attainment of age sixty in the service of such department if prior

thereto,

on an allowance of one-fiftieth of his final average salary for each

year of total service in such department not in excess of twenty-five

years, provided such election was in writing and duly executed and filed

with the comptroller.

c. Every employee who entered or re-entered service in the department

on or after May sixth, nineteen hundred forty-six, and before January

first, nineteen hundred forty-eight, shall contribute on the basis

provided for by this section. Employees who entered or re-entered

service in the department on and after January first, nineteen hundred

forty-eight but prior to January first, nineteen hundred sixty-six:

1. As members of the police force shall contribute on the basis

provided for by this section.

2. Other than as members of the police force, shall not be eligible to

the benefits of this section.

d. Subject to the provisions of subdivisions b and c of this section,

every employee in the service of such department who is not a member of

the police and fire retirement system may elect to become a member. He

or she thereupon shall contribute to the police and fire retirement

system under the provisions of this section and be entitled to benefits

as provided in this section. No such employee, however, shall be given

credit for service rendered prior to May sixth, nineteen hundred

forty-six, unless he or she became a member of the New York state and

local employees' retirement system on or before January first, nineteen

hundred forty-eight and has subsequently become a member of the police

and fire retirement system. Any such employee who became a member of the

New York state and local employees' retirement system, on or before

January first, nineteen hundred forty-eight, and has subsequently become

a member of the police and fire retirement system shall be entitled to

credit for past service in the department as if he or she had become a

member when first eligible. Such employee, however, shall pay the

contributions he or she would have made prior to such date had he or she

been a member during such service. The amount of such contributions

shall be paid in a lump sum or in such installments as the comptroller

shall approve. In lieu of such payment, however, such employee may

receive on retirement the benefit otherwise provided by this section,

less such annuity as is the actuarial equivalent of such unpaid

contributions.

e. A member, who elects or 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 esrvice as a member rendered after May sixth, nineteen hundred

forty-six, 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. 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 department, 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 is the actuarial equivalent of the

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

any, plus

3. A pension of one-one hundredth of his final average salary for each

year of service rendered:

(a) Since he last became a member, and

(b) Prior to the completion of twenty-five years of total service in

the department, and

(c) Toward which he and his employer have contributed under this

section, plus

4. An additional pension of one-fiftieth of his final average salary,

multiplied by the number of years of total service in such department

prior to May sixth, nineteen hundred forty-six. This pension shall be

payable only if such member has had one or more years of service as a

member. The computation of this pension shall be subject to the further

conditions that:

(a) The service rendered prior to May sixth, nineteen hundred

forty-six, shall be limited so that the total service in such department

used as a basis for pension credit under this paragraph four and

paragraph three of this subdivision f shall not exceed twenty-five

years, and

(b) The amount of the additional pension payable pursuant to this

paragraph four shall not exceed the amount needed to increase the total

amount of the benefits provided under paragraphs one, two and three of

this subdivision f to one-half of the final average salary, plus

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

service rendered while not an employee of the department as provided

under paragraphs three and four of subdivision a of section three

hundred seventy-five of this article. This pension shall:

(a) Be payable only if such member has attained age sixty at the time

of retirement and has not completed twenty-five years of service in the

department for which he receives credit under this article, and

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

received had his total service been rendered in the department.

6. In the event a member shall continue in service after twenty-five

years of total creditable service in the department there shall be added

to his pension upon retirement a sum equal to one-sixtieth of his final

average salary for each completed additional year of service after

twenty-five years.

7. An additional pension, if required, of such amount as shall be

necessary to increase the total amount of the benefits provided by

paragraphs one, two, three, four and five of this subdivision f, to

one-half of his final average salary. The pension provided by this

paragraph shall be payable only if a member retires from service prior

to attaining age fifty-nine, provided, however, that in the case of any

member who has attained the age of fifty-nine on or before September

first, nineteen hundred sixty-eight, to be eligible for the additional

pension provided by this paragraph, his service shall be terminated and

he shall be retired on or before December thirty-first, nineteen hundred

sixty-eight. For the purpose of determining the amount of pension

provided in this paragraph, the annuity shall be computed as it would be

if it were not reduced by the actuarial equivalent of any outstanding

loan 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.

g. The increased pensions to members of the department, as provided by

this section, shall be paid from additional contributions made by the

county on account of such members. The actuary of the police and fire

retirement system shall compute the additional contribution for each

member who elects 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 police and fire retirement system for such extra

pensions. Upon approval by the comptroller, such additional

contributions shall be certified by him or her to the county executive

of the county. The amount thereof shall be included in the annual

appropriation of the county for county police. Such amount shall be paid

on the warrant of the county comptroller to the pension accumulation

fund of the police and fire retirement system. Every member entering or

re-entering the department on and after May sixth, nineteen hundred

forty-six, shall retire on the first day of the calendar month next

succeeding his or her attainment of age fifty-nine.

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

in the department, 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 dischargd 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 call of the president for Mexican

border service.

i. 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 f 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.

j. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.