N.Y. Retirement & Social Security Law § 604: Service retirement benefits

§ 604. Service retirement benefits. a. The service retirement benefit

at normal retirement age for a member with less than twenty years of

credited service, or less than twenty-five years credited service for a

member who joins the New York state teachers' retirement system on or

after January first, two thousand ten, shall be a retirement allowance

equal to one-sixtieth of final average salary times years of credited

service. Normal retirement age for members who first become members of a

public retirement system of the state on or after April first, two

thousand twelve shall be age sixty-three, provided, however, that

members of the New York state teachers' retirement system or the New

York city teachers' retirement system who first became members of such

system on or after April first, two thousand twelve may retire without

reduction of their retirement benefit upon attainment of at least

fifty-eight years of age and completion of thirty or more years of

service.

b. The service retirement benefit at normal retirement age for a

member with twenty years or more of credited service, or with

twenty-five or more years credited service for a member who first joins

the New York state teachers' retirement system on or after January

first, two thousand ten, shall be a retirement allowance equal to

one-fiftieth of final average salary times years of credited service not

in excess of thirty years.

Credited service in excess of thirty years shall provide an additional

retirement allowance equal to three-two hundredths of the final average

salary for each year of credited service in excess of thirty years.

b-1. Notwithstanding any other provision of law to the contrary, the

service retirement benefit for members with twenty or more years of

credit service who first become a member of a public retirement system

of the state on or after April first, two thousand twelve at age

sixty-three or for members of the New York state teachers' retirement

system or the New York city teachers' retirement system who first became

members of such system on or after April first, two thousand twelve upon

attainment of at least fifty-eight years of age and completion of thirty

or more years of service, shall be a pension equal to the sum of

thirty-five per centum and one-fiftieth of final average salary for each

year of service in excess of twenty times final average salary times

years of credited service. In no event shall any retirement benefit

payable without optional modification be less than the actuarially

equivalent annuitized value of the member's contributions accumulated

with interest at five percent per annum compounded annually to the date

of retirement.

c. The early service retirement benefit for a member who is a

correction officer of the Westchester county correction department as

defined in section eighty-nine-e of this chapter shall be a pension

equal to one-fiftieth of final average salary times years of credited

service at the completion of twenty-five years of service as such

correction officer, but not exceeding one-half of his or her final

average salary.

d. 1. The early service retirement for a member who is employed in

Suffolk county as a correction officer as defined in section

eighty-nine-f of this chapter, shall be a pension equal to one-fiftieth

of final average salary times years of credited service at the

completion of twenty-five years of service as such correction officer,

but not exceeding one-half of such member's final average salary.

2. The early service retirement for a member who is employed in

Suffolk county as a correction officer as defined in section

eighty-nine-f of this chapter, shall be a pension equal to one-fiftieth

of final average salary times years of credited service at the

completion of thirty years of service as such correction officer, but

not exceeding sixty percent of such member's final average salary.

e. The early service retirement for a member who is employed in Nassau

county as a correction officer, uniformed correction division personnel,

sheriff, undersheriff or deputy sheriff, as defined in section

eighty-nine-g of this chapter, shall be a pension equal to one-fiftieth

of final average salary times years of credited service at the

completion of twenty-five years of service as such correction officer,

uniformed correction division personnel, sheriff, undersheriff or deputy

sheriff, but not exceeding one-half of his or her final average salary.

f. The early service retirement for a member who is employed in Albany

county as a sheriff, undersheriff, deputy sheriff, correction officer or

identification officer as defined in section eighty-nine-h of this

chapter shall be a pension equal to one-fiftieth of final average salary

times years of credited service at the completion of twenty-five years

of service as such sheriff, undersheriff, deputy sheriff, correction

officer or identification officer, but not exceeding one-half of his or

her final average salary.

** g. The early service retirement benefit for a member who is

employed in St. Lawrence county as a sheriff, undersheriff, deputy

sheriff or correction officer as defined in section eighty-nine-i of

this chapter shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service as such sheriff, undersheriff, deputy sheriff or

correction officer, but not exceeding one-half of his or her final

average salary.

** NB There are 3 sb g's

** g. The early service retirement benefit for a member who is

employed in Orleans county as a sheriff, undersheriff, deputy sheriff or

correction officer as defined in section eighty-nine-l of this chapter

shall be a pension equal to one-fiftieth of final average salary times

years of credited service at the completion of twenty-five years of

service as such sheriff, undersheriff, deputy sheriff or correction

officer, but not exceeding one-half of his or her final average salary.

** NB There are 3 sb g's

** g. The early service retirement benefit for a member who is

employed in Jefferson county as a sheriff, undersheriff, deputy sheriff

or correction officer as defined in section eighty-nine-j of this

chapter shall be a pension equal to one-fiftieth of final average salary

times years of credited service at the completion of twenty-five years

of service as such sheriff, undersheriff, deputy sheriff or correction

officer, but not exceeding one-half of his or her final average salary.

** NB There are 3 sb g's

h. The early service retirement benefit for a member who is employed

in Onondaga county as a deputy sheriff-jail division competitively

appointed or as a correction officer as defined in section eighty-nine-k

of this chapter shall be a pension equal to one-fiftieth of final

average salary times years of credited service at the completion of

twenty-five years of service as such deputy sheriff-jail division

competitively appointed or as such correction officer, but not exceeding

one-half of his or her final average salary.

i. 1. The early service retirement benefit for a member who is

employed in the office of the district attorney of Westchester county as

a chief criminal investigator, deputy chief criminal investigator,

criminal investigator, senior criminal investigator, confidential

criminal investigator, assistant criminal investigator or criminal

investigator/arson shall be a pension equal to one-fiftieth of final

average salary times years of credited service at the completion of

twenty-five years of service as such chief criminal investigator, deputy

chief criminal investigator, criminal investigator, senior criminal

investigator, confidential criminal investigator, assistant criminal

investigator or criminal investigator/arson, but not exceeding one-half

of his or her final average salary.

2. Notwithstanding the provisions of paragraph one of this

subdivision, if the county of Westchester elects to provide the

retirement benefit pursuant to this paragraph by adopting a resolution

to such effect and filing a certified copy thereof with the comptroller,

the early service retirement benefit for a member who is employed in the

office of the district attorney of Westchester county as a chief

criminal investigator, deputy chief criminal investigator, criminal

investigator, senior criminal investigator, confidential criminal

investigator, assistant criminal investigator or criminal

investigator/arson shall be a pension equal to one-fortieth of final

average salary times years of credited service at the completion of

twenty years of service as such chief criminal investigator, deputy

chief criminal investigator, criminal investigator, senior criminal

investigator, confidential criminal investigator, assistant criminal

investigator or criminal investigator/arson, but not exceeding one-half

of his or her final average salary.

j. The early service retirement benefit for a member who is employed

in Broome county as a sheriff, undersheriff, deputy sheriff or

correction officer as defined in section eighty-nine-m of this chapter

shall be a pension equal to one-fiftieth of final average salary times

years of credited service at the completion of twenty-five years of

service as such sheriff, undersheriff, deputy sheriff or correction

officer, but not exceeding one-half of his or her final average salary.

k. The early service retirement benefit for a member who is a Monroe

county deputy sheriff-court security, or deputy sheriff-jailor as

defined in section eighty-nine-n of this chapter shall be a pension

equal to one-fiftieth of final average salary times years of credited

service at the completion of twenty-five years of service as such deputy

sheriff-court security, or deputy sheriff-jailor, but not exceeding

one-half of his or her final average salary.

l. The early service retirement for a member who is employed in Greene

county as a sheriff, undersheriff, deputy sheriff or correction officer

as defined in section eighty-nine-o of this chapter shall be a pension

equal to one-fiftieth of final average salary times years of credited

service at the completion of twenty-five years of service as such

sheriff, undersheriff, deputy sheriff or correction officer, but not

exceeding one-half of his or her final average salary.

m. The early service retirement benefit for a member who is employed

in a county that makes the election provided for in subdivision j of

section eighty-nine-p of this chapter as a sheriff, undersheriff, deputy

sheriff or correction officer as defined in section eighty-nine-p of

this chapter shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service as such sheriff, undersheriff, deputy sheriff or

correction officer, but not exceeding one-half of his or her final

average salary.

n. The early service retirement benefit for a member who is a traffic

officer with the town of Elmira as defined in section eighty-nine-q of

this chapter shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service as such traffic officer, but not exceeding one-half of

his or her final average salary.

o. The early service retirement for a member who is employed by

Suffolk county as a park police officer as defined in section

eighty-nine-r of this chapter, shall be a pension equal to one-fiftieth

of final average salary times years of credited service at the

completion of twenty-five years of service as such park police officer,

but not exceeding one-half of his or her final average salary. As used

in this section "creditable service" shall include any and all services

performed as a park police officer of the Suffolk county department of

parks, and any and all services performed as a park ranger of the

Suffolk county department of parks.

** p. The early service retirement for a member who is employed as a

peace officer as defined in section eighty-nine-s of this chapter, shall

be a pension equal to one-fiftieth of final average salary times years

of credited service at the completion of twenty-five years of service as

such probation officer, but not exceeding one-half of his or her final

average salary.

** NB There are 4 sb p's

* p. The early service retirement for a member who is employed as an

ambulance medical technician, ambulance medical technician/supervisor or

a member who performs ambulance medical technician related services, or

a police medic, police medic supervisor or a member who performs police

medic related services as defined in section eighty-nine-s of this

chapter, shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service, but not exceeding one-half of his or her final average

salary; for service beyond twenty-five years the benefits shall increase

by one-sixtieth of final average salary for each year of additional

service credit provided, however, that the total allowance payable

pursuant to this section shall not exceed three-fourths of such member's

final average salary.

** NB There are 4 sb p's

** p. The early service retirement for a member who is employed as a

peace officer as defined in section eighty-nine-s of this chapter, shall

be a pension equal to one-fiftieth of final average salary times years

of credited service at the completion of twenty-five years of service as

such probation officer, but not exceeding one-half of his or her final

average salary.

** NB There are 4 sb p's

** p. If the county of Rockland elects to provide the retirement

benefit pursuant to this subdivision by adopting a resolution to such

effect and filing a certified copy thereof with the comptroller, the

early service retirement benefit for a member who is employed in the

office of the district attorney of Rockland county as a chief

investigator/detective, criminal investigator-electronics, criminal

investigator-child abuse, senior criminal investigator or criminal

investigator shall be a pension equal to one-fortieth of final average

salary times years of credited service for the first twenty years of

service plus an additional one-sixtieth of final average salary times

years of credited service for each year beyond the first twenty years of

service as such chief investigator/detective, criminal

investigator-electronics, criminal investigator-child abuse, senior

criminal investigator or criminal investigator, but not exceeding

three-fourths of his or her final average salary.

** NB There are 4 sb p's

** q. The early service retirement benefit for a member who is

employed in a county that makes the election provided for in subdivision

j of section eighty-nine-t of this chapter as a peace officer as defined

in section eighty-nine-t of this chapter shall be a pension equal to

one-fiftieth of final average salary times years of credited service at

the completion of twenty-five years of service as such peace officer in

a county probation department, but not exceeding one-half of his or her

final average salary.

** NB There are 2 sb q's

** q. The early service retirement benefit for a member who is a

qualifying member as defined in subdivision a of section eighty-nine-t

of this chapter shall be a pension equal to one-fiftieth of final

average salary times years of qualifying service, as defined in section

eighty-nine-t of this chapter, at the completion of twenty-five years of

such service, but not exceeding one-half of his or her final average

salary.

** NB There are 2 sb q's

r. If the county of Suffolk elects to provide the retirement benefit

pursuant to this subdivision by adopting a resolution to such effect and

filing a certified copy thereof with the comptroller, the early service

retirement benefit for a member which is employed in the office of the

district attorney of Suffolk county as a detective investigator, senior

detective investigator, principal detective investigator, special

investigator, or district attorney investigator, shall be a pension

equal to one-fortieth of final average salary times years of credited

service for the first twenty years of service plus an additional

one-sixtieth of final average salary times years of credited service

beyond the first twenty years of service as such detective investigator,

senior detective investigator, principal detective investigator, special

investigator, or district attorney investigator, but not exceeding three

fourths of his or her final average salary.

** s. The early service retirement benefit for a member who is a

paramedic employed by the police department in the town of Tonawanda as

defined in section eighty-nine-v of this chapter shall be a pension

equal to one-fiftieth of final average salary times years of credited

service at the completion of twenty-five years of service as such

paramedic, but not exceeding one-half of his or her final average

salary. In addition thereto, upon retirement, each such member shall

receive, for each year of service in excess of twenty-five years, a

pension which shall be equal to one-sixtieth of his or her final average

salary. The total allowance payable pursuant to this section shall not

exceed three-quarters of such member's final average salary.

** NB There are 3 sb s's

** s. The early service retirement for a member who is employed as a

deputy sheriff-civil as defined in section eighty-nine-v of this

chapter, shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service as such deputy sheriff-civil, but not exceeding

one-half of his or her final average salary.

** NB There are 3 sb s's

** s. The early service retirement for a member who is employed in

Rockland county as a correction officer as defined in section

eighty-nine-v of this chapter shall be a pension equal to one-fiftieth

of final average salary times years of credited service at the

completion of twenty-five years of service as such correction officer,

but not exceeding one-half of his or her final average salary.

** NB There are 3 sb s's

t. The early service retirement benefit for a member who is employed

in the county of Nassau as a county fire marshal, supervising fire

marshal, fire marshal, assistant fire marshal, assistant chief fire

marshal, chief fire marshal or division supervising fire marshal as

defined in section eighty-nine-w of this chapter shall be a pension

equal to one-fiftieth of final average salary times years of credited

service at the completion of twenty-five years of service as such county

fire marshal, supervising fire marshal, fire marshal, assistant fire

marshal, assistant chief fire marshal, chief fire marshal or division

supervising fire marshal, but not exceeding one-half of his or her final

average salary.

u. The early service retirement for a member who is employed as a

deputy sheriff-civil as defined in section eighty-nine-x of this

chapter, shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service as such deputy sheriff-civil, but not exceeding

one-half of his or her final average salary.

v. The early service retirement benefit for a member who is employed

by a participating fire district that makes the election provided for in

subdivision j of section eighty-nine-ss of this chapter as an emergency

medical technician, critical care technician, advanced emergency medical

technician, paramedic or supervisor of such titles in a participating

Suffolk county fire district as defined in section eighty-nine-ss of

this chapter shall be a pension equal to one-fiftieth of final average

salary times years of credited service at the completion of twenty-five

years of service as such participating Suffolk county fire district

emergency medical technician, critical care technician, advanced

emergency medical technician, paramedic or supervisor of such titles,

but not exceeding one-half of his or her final average salary; for

service beyond twenty-five years the benefits shall increase by

one-sixtieth of final average salary for each year of additional service

credit provided, however, that the total allowance payable pursuant to

this section shall not exceed three-fourths of such member's final

average salary.

w. The early service retirement benefit for a member who is employed

in the division of military and naval affairs as a firefighter

apprentice, airport firefighter I, airport firefighter II, airport

firefighter III, or training and safety officer employed as defined in

section eighty-nine-y of this chapter shall be a pension equal to

one-fiftieth of final average salary times years of credited service at

the completion of twenty-five years of service as such division of

military and naval affairs firefighter apprentice, airport firefighter

I, airport firefighter II, airport firefighter III, or training and

safety officer, but not exceeding one-half of their final average

salary.