N.Y. Retirement & Social Security Law § 387-a: Retirement of members of the Suffolk county police force; new plan

§ 387-a. Retirement of members of the Suffolk 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." Suffolk county.

2. "Police force." All members of the police department excepting

those members appointed to render clerical or stenographic, mechanical,

chauffeur or laboring service exclusively. Such term, however, shall

also include every employee of the police department who entered such

service prior to January first, nineteen hundred sixty and who has been

contributing since that date in accordance with the provisions of

section eighty-seven of this article.

3. "Creditable service." 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 constabulary

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 or

full time police duty as a police officer in any city of the state of

New York 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. Every member of the police force, including the commissioner, who

enters or re-enters service on the police force on or after January

first, nineteen hundred sixty-eight, shall contribute to the retirement

system in the manner provided for by this section. On and after January

first, nineteen hundred seventy-nine no person may elect to be covered

under the provisions of this section.

c. Any member of the police force who is contributing on the basis of

retirement at age sixty or under sections three hundred seventy-one,

three hundred seventy-one-a, three hundred seventy-two, three hundred

seventy-five, three hundred eighty-four or three hundred eighty-seven of

this article, may, on or after September first, nineteen hundred

sixty-seven, and before January first, nineteen hundred sixty-nine,

elect to come under the provisions of this section. Such election shall

be in writing and shall be duly executed and filed with the comptroller.

By such election, such member shall waive any and all rights and

benefits to which he was previously entitled under sections three

hundred seventy-one, three hundred seventy-one-a, three hundred

seventy-two, three hundred seventy-five, three hundred eighty-four or

three hundred eighty-seven of this article, and shall accept instead,

the rights and benefits of this section as of January first, nineteen

hundred sixty-nine. He thereupon shall be given credit for such service

and contributions as he was otherwise credited with under sections three

hundred seventy-one, three hundred seventy-one-a, three hundred

seventy-two, three hundred seventy-five, three hundred eighty-four or

three hundred eighty-seven of this article.

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 d of section eighty-seven of this chapter,

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 d of section

eighty-seven 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 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 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 Suffolk 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

or deputy commissioner of police contributing under this section shall

leave the service on the last day of the calendar month in which he

attains age sixty-two, which shall be his mandatory retirement age. The

commissioner or deputy commissioner after age sixty-two 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.