N.Y. Retirement & Social Security Law § 387: Retirement of members in the Suffolk county police force

§ 387. Retirement of members in the Suffolk county police force. 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." Suffolk county.

2. "Department." Suffolk county police department.

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

or member of such department, or full time police duty or bay constable

duty as an officer or member of the police force, police department or

constable of any town, village or police district in the county, or as a

criminal investigator in the office of the district attorney of Suffolk

county prior to January first, nineteen hundred sixty or as a Long

Island state park patrolman or a member of the division of state police

in the state executive department.

b. Any member in service in such department, including the

commissioner of police, on January first, nineteen hundred sixty, who

elected, on or before July first, nineteen hundred sixty, to contribute

to the New York state employees' retirement system pursuant to the

provisions of former section eighty-seven 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 an 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 sixty, employees

entering or re-entering service in such department:

1. As members of the police force, including the commissioner of

police or deputy commissioner of police, 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 sixty, and prior to the attainment of the age when he

shall first become eligible for retirement. 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

therefor 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

1-a. 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

2. 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

3. 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 sixty. 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 three

and paragraph two of this subdivision e shall not exceed twenty-five

years, and

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

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

of the benefits provided under paragraphs one and two of this

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

4. 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 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 Suffolk county police department.

Such amount shall be paid on the warrant of the comptroller of the

county 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 three hundred 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 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

purusant 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. A member who elected or is required to contribute in accordance

with this section, who does not apply for retirement upon completion of

twenty-five years of service in such department, may, at the option of

the commissioner of police of Suffolk county, be separated from service

at any time subsequent to the completion of twenty-five years of service

in such department.

j. The provisions of this section shall be controlling notwithstanding

any provisions in this article to the contrary.