N.Y. Retirement & Social Security Law § 89-e: Retirement of correction officers of the Westchester county correction department; alternative eligibility for retirement

§ 89-e. Retirement of correction officers of the Westchester county

correction department; alternative eligibility for retirement. a. Any

member who is a correction officer of the Westchester county correction

department shall be eligible to retire pursuant to the provisions of

this section. In addition, any correction officer who is appointed to

the title of deputy commissioner and who, while a correction officer and

prior to such appointment to the title of deputy commissioner, elected

to participate in the plan established pursuant to this section may

elect, upon such appointment to the title of deputy commissioner, to

continue to participate in the plan established pursuant to this

section. Such eligibility shall be an alternative to the eligibility

provisions available under any other plan of this article to which such

member is subject. The chief executive officer of such county shall

certify to the comptroller, in a manner and at such intervals as the

comptroller may require, the identity of such eligible correction

officers, including any eligible deputy commissioners.

b. Such member shall be entitled to retire upon the completion of

twenty-five years of total creditable service by filing an application

therefor in the manner provided for in section seventy of this article.

c. Upon completion of twenty-five 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

reserved-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.

d. As used in this section "creditable service" shall include any and

all services performed as a correction officer of Westchester county.

e. Credit for service as a member or officer of the state police or as

a paid firefighter, police officer or officer of any organized fire

department or police force or department of any county, city, village,

town, fire district or police district, or as a criminal investigator in

the office of a district attorney, provided that service as such

investigator shall have been rendered prior to January first, nineteen

hundred sixty and that credit therefor shall not exceed five years,

shall also be deemed to be creditable service and shall be included in

computing years of total service for retirement pursuant to this

section, provided such service was performed by the member while

contributing to the retirement system pursuant to the provisions of this

article or article eight of this chapter.

f. A member contributing on the basis of this section at the time of

retirement, shall retire after the completion of twenty-five years of

total creditable service. Application therefor may be filed in a manner

similar to that provided in section seventy of this article. Upon

completion of twenty-five 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.

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

pursuant to this section full credit shall be given and full allowance

shall be made for service of such member in time of war after World War

I as defined in section two of this chapter, provided such member at the

time of his entrance into the armed forces was in the service of the

county of Westchester.

h. Nothing herein shall be construed to prevent a member, who does not

retire pursuant to the provisions of this section, from utilizing

service which is creditable service pursuant to the provisions of this

section for service credit pursuant to the provisions of any other plan

of this article to which such member is subject.

i. The provisions of this section shall be controlling notwithstanding

any other provision in this article to the contrary.

j. As used in this section, "correction officer" of the Westchester

county correction department means a correction officer, correction

officer-sergeant, correction officer-captain, assistant warden,

associate warden or warden.

k. Notwithstanding any provision of law to the contrary, where a

correction officer would have been entitled to retire pursuant to this

section at the time of his or her death and where his or her death

occurs on or after the effective date of the chapter of the laws of two

thousand twenty-three that added this subdivision, the beneficiary or

beneficiaries may elect to receive, in a lump sum, an amount payable

which shall be equal to the pension reserve that would have been

established had the member retired on the date of his or her death, or

the value of the death benefit and the

reserve-for-increased-take-home-pay, if any, whichever is greater.