N.Y. Retirement & Social Security Law § 89: Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community su...

§ 89. Retirement of members in the uniformed personnel in institutions

under the jurisdiction of the department of corrections and community

supervision or who are security hospital treatment assistants; new plan.

a. Any member in the uniformed personnel in institutions under the

jurisdiction of the department of corrections and community supervision,

as hereinafter defined, who enters or re-enters service on or after the

effective date of this section, or who is a security hospital treatment

assistant who enters or reenters service on or after the effective date

of the amendment permitting security hospital treatment assistants to be

covered by this section, shall contribute on the basis provided for by

this section.

b. Any member in the uniformed personnel in institutions under the

jurisdiction of the department of corrections and community supervision,

as hereinafter defined, who entered such service prior to the effective

date of this section may, on or before September first, nineteen hundred

sixty-six, 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.

c. Any member in the uniformed personnel in institutions under the

jurisdiction of the department of corrections and community supervision,

as hereinafter defined, who entered such service prior to the effective

date of this section, may, on or before December thirty-first, nineteen

hundred sixty-six, 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. Any such member who has made an election as set

forth herein on or before December thirty-first, nineteen hundred

sixty-five, shall be permitted to withdraw the same and in like manner

make a new election on or before December thirty-first, nineteen hundred

sixty-six.

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 twenty-one of this article, a proportion of his

or her compensation similarly determined. Such latter proportion shall

be computed to provide at the time when he or she shall first become

eligible for retirement under this section, an annuity equal to one-one

hundredth of his or her final average salary for each year of service as

a member rendered after May first, nineteen hundred sixty-five, and

prior to the attainment of the age when he or she shall first become

eligible for retirement. 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 or her employer

contributes pursuant to such section toward

pensions-providing-for-increased-take-home pay. 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 total creditable service as defined in subdivision

i of this section, or upon the attainment of age sixty, by filing an

application therefor in a manner similar to that provided in section

seventy of this article. He or she thereupon shall receive, on

retirement a retirement allowance consisting of:

1. An annuity, which shall be the actuarial equivalent of his or her

accumulated contributions at the time of his or her retirement, plus,

2. A pension which, together with such annuity and a pension which is

the actuarial equivalent of the reserves for-increased-take-home pay to

which he or she may then be entitled, if any, shall equal one-fiftieth

of his or her final average salary for each year of creditable service

in the uniformed personnel in institutions under the jurisdiction of the

department of corrections and community supervision or for each year of

creditable service as a security hospital treatment assistant under the

jurisdiction of the office of mental health, as hereinafter defined.

This pension shall not exceed the amount needed to make the total amount

of the benefits provided under paragraphs one and two of this

subdivision e equal to one-half of his or her final average salary.

3. An additional pension equal to the pension for any creditable

service rendered while not in the uniformed personnel in institutions

under the jurisdiction of the department of corrections and community

supervision and rendered while not serving as a security hospital

treatment assistant under the jurisdiction of the office of mental

health, as hereinafter defined, as provided under paragraphs two and

three of subdivision a of section 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 for

which he receives credits under this article, and

(b) Not increase the total allowance to more than one-half of his or

her final average salary.

For the purpose only of determining the amount of the pension provided

herein, the annuity shall be computed as it would be:

(aa) if not reduced by the actuarial equivalent of any outstanding

loan, and

(bb) if not increased by the actuarial equivalent of any additional

contributions, and

(cc) if not reduced by reason of the member's election to decrease his

or her 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.

f. The increased pensions to members of the uniformed personnel in

institutions under the jurisdiction of the department of corrections and

community supervision or to members who are security hospital treatment

assistants under the jurisdiction of the office of mental health, as

provided by this section, shall be paid from additional contributions

made by the state on account of such member. The actuary of the

retirement system shall compute the additional contribution of each

member who elects to receive 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 retirement system for such extra pensions.

g. In computing the twenty-five years of completed service of a member

in the uniformed personnel in institutions under the jurisdiction of the

department of corrections and community supervision or of a member who

is a security hospital treatment assistant under the jurisdiction of the

office of mental health, as hereinafter defined, full credit shall be

given and full allowance shall be made for service of such member in war

after world war 1 as defined in section two of this chapter, provided

such member at the time of his or her entrance into the armed forces was

in state service.

h. The provisions of this section shall be controlling notwithstanding

any provision in this article to the contrary.

i. As used in this section, "uniformed persons" or "uniformed

personnel" in institutions under the jurisdiction of the department of

corrections and community supervision or "security hospital treatment

assistants" under the jurisdiction of the office of mental health mean

officers or employees holding the titles hereinafter set forth in

institutions under the jurisdiction of the department of corrections and

community supervision or under the jurisdiction of the office of mental

health, namely: correction officers, prison guards, correction

sergeants, correction lieutenants, correction captains, deputy assistant

superintendent or warden, deputy warden or deputy superintendent,

superintendents and wardens, assistant director and director of

correction reception center, director of correctional program, assistant

director of correctional program, director of community correctional

center, community correctional center assistant, correction hospital

officers, male or female, correction hospital senior officers,

correction hospital charge officer, correction hospital supervising

officer, correction hospital security supervisor, correction hospital

chief officer, correction youth camp officer, correction youth camp

supervisor, assistant supervisor, correctional camp superintendent,

assistant correctional camp superintendent, director of crisis

intervention unit, assistant director of crisis intervention unit,

security hospital treatment assistants, security hospital treatment

assistants (Spanish speaking), security hospital senior treatment

assistants, security hospital supervising treatment assistants and

security hospital treatment chiefs. Previous service rendered under the

titles by which such positions were formerly designated and previous

service rendered as a narcotic addiction control commission officer

shall constitute creditable service. Notwithstanding any provision of

law to the contrary, any employee of the department of corrections and

community supervision who became enrolled under this section by reason

of employment as a uniformed person in an institution under the

jurisdiction of the department of corrections and community supervision

shall be entitled to full retirement credit for, and full allowance

shall be made under this section for the service of such employee, not

to exceed twelve years, while assigned to the training academy or

central office, in the following titles, namely: correction officer,

correction sergeant, correction lieutenant, correction captain,

correctional services investigator, senior correctional services

employee investigator, correctional services fire and safety

coordinator, director of special housing and incarcerated individual

disciplinary program, assistant director of special housing and

incarcerated individual disciplinary program, assistant chief of

investigations, director of CERT operations, correctional facility

operations specialist, director of security staffing project,

correctional security technical services specialist, assistant

commissioner and deputy commissioner.

j. Notwithstanding any provisions of subdivision a, b or i of this

section to the contrary, a member who is in the collective negotiating

unit designated as the security services unit and established pursuant

to article fourteen of the civil service law and who has elected or is

required to contribute in accordance with this section may, on or before

March thirty-first, nineteen hundred seventy-three, elect to come under

the provisions of section seventy-five-h of this article. Such election

shall be duly executed and filed with the comptroller.

k. Any member who, on or before the effective date of this provision,

is a security hospital treatment assistant under the jurisdiction of the

office of mental health may, by filing an election within one year after

the effective date of this provision, elect to be subject to the

provisions of this section. Such election shall be in writing, shall be

duly executed and filed with the comptroller and shall be irrevocable.