N.Y. Retirement & Social Security Law § 385-a: Retirement of members of the Nassau county police force; new plan

§ 385-a. Retirement of members of the Nassau county police force; new

plan. 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. "Police force." The term "police force" shall include only those

members of the police department who are appointed as police officers.

Such term, however, shall also include every employee of the police

department who entered such service prior to January first, nineteen

hundred forty-eight and who has been contributing since that date in

accordance with the provisions of section three hundred eighty-five of

this article.

3. "Creditable service." Full time duty as an officer or member of the

police force or full time police duty as an officer or member of the

police force of any town, village, city or police district in the

county, in the office of the sheriff of the county prior to April

sixteenth, nineteen hundred twenty-five, as sheriff of the county prior

to December thirty-first, nineteen hundred sixty-five, as a Long Island

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

executive department.

b. Every member of the police force, including the commissioner who

entered or re-entered service on the police force on and after January

first, nineteen hundred sixty-six and members entering or re-entering

service on the police force on and after April first, nineteen hundred

sixty-seven, and prior to September first, nineteen hundred

seventy-eight, shall contribute on the basis provided for by this

section.

c. Any member of the police force who elected to contribute under

former section eighty-five-a of this chapter shall contribute on the

basis provided for by this section.

d. A member of the police force 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 twenty-one of this

article, a proportion of his compensation similarly determined. Such

latter proportion shall be the same as that which was or which would be

computed under subdivision e of section eighty-five of this article,

notwithstanding the fact that such member will be eligible for

retirement after twenty years of creditable service. In no event shall a

member contribute under this section at a higher rate than he was or

would be required to contribute under subdivision e of section

eighty-five of this article had this section not been enacted.

Such member's rate of contribution pursuant to this section shall be

appropriately reduced pursuant to section 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 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.

e. No member of the police force shall continue to make contributions

after completing twenty years of creditable service.

f. A member of the police force, contributing on the basis of this

section shall be entitled to retire after the completion of twenty years

of creditable service, or on the first day of the month following the

attainment of the mandatory retirement age, by filing an application

therefor in a manner similar to that provided in section 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 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

shall be sufficient to provide him with a retirement allowance equal to

one-half of his final average salary.

(2) Upon attainment of the mandatory retirement age and upon

retirement without completion of twenty years of such service, each such

member shall receive a pension which together with an annuity 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, 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.

Only for the purpose of determining the amount of the pension provided

in this subdivision, 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 or contributions pursuant to waiver under

subdivision j of section twenty-one of this article, and if it were not

reduced by reason of the members 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 police force, together

with all other expenses of this retirement plan exceeding the

contribution required to be made by members pursuant to subdivision d of

this section, shall be paid from contributions made by the county on

account of such members. The actuary of the retirement system shall

compute the additional contribution for each member who participates

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 county executive of the

county. The amount thereof shall be included in the annual

appropriation of the county for the Nassau county police. Such amount

shall be paid on the warrant of the county comptroller to the pension

accumulation fund of the retirement system.

h. Every member of the police force except the commissioner of police

contributing under this section shall leave the service on the last day

of the calendar month in which he attains age fifty-nine, which shall be

his mandatory retirement age. The commissioner after age fifty-nine and

before age seventy may elect to retire and if he does so the date of his

retirement shall for the purpose of this section be deemed his mandatory

retirement age.

i. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.