N.Y. Retirement & Social Security Law § 386: Retirement of members in the Westchester county department of public safety services; closed plan

§ 386. Retirement of members in the Westchester county department of

public safety services; closed 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." Westchester county.

2. "Department." Prior to July first, nineteen hundred seventy-nine,

the Westchester county parkway police force; on or after July first,

nineteen hundred seventy-nine, the Westchester county department of

public safety services.

3. "Service in such department." Full time police duty as an officer

or member of such department, or the police department or police force

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

division of state police in the state executive department.

b. Any member in service in such department on January first, nineteen

hundred fifty-eight, who elected, on or before July first, nineteen

hundred fifty-eight, to contribute to the New York state employees'

retirement system pursuant to the provisions of former section

eighty-six 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 service in such department, or

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

thereto,

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

year of 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. On or after January first, nineteen hundred fifty-eight, but prior

to July first, nineteen hundred seventy, employees entering or

re-entering service in such department:

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. 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 service as a member rendered on and after January first,

nineteen hundred fifty-eight, 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.

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-five years of creditable service in such department or upon

attainment of age sixty, if prior thereto, by filing an application

therefore in a manner similar to that provided in section three hundred

seventy of this article. He thereupon shall receive, upon 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 service in such

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 service in such department prior to

January first, nineteen hundred fifty-eight. 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 shall be limited so that the service in such

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

and paragraph three of this subdivision e 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 e 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 such 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 such

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 such department.

f. The increased pensions to members of such 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 the 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 the Westchester county parkway police

force. Such amount shall be paid on the warrant of the county department

of finance to the pension accumulation fund of the police and fire

retirement system.

g. In computing the twenty-five years of completed service in such

department, full credit shall be given and full allowance shall be made

for service of such member in war after world war I as defined in

section two of this article, provided such member at the time of his

entrance into the armed forces was in service in such department, and

for service in time of war during world war I 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 and

marines who were actual residents of the state at the time of their

entry into the military service of the United States.

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 of the time of retirement be withdrawn or

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

section.

i. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.