N.Y. Retirement & Social Security Law § 89-f: Retirement of county correction officers in Suffolk county

§ 89-f. Retirement of county correction officers in Suffolk county. a.

Any member who is employed in Suffolk county as a correction officer

shall be eligible to retire pursuant to the provisions of 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 sheriff shall certify to the comptroller, periodically and

at such intervals of time as may be required of him and in such fashion

as may be prescribed, the identity of the eligible correction officers

in his employ.

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. (1) 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 such member's

accumulated contributions at the time of such member's retirement and an

additional pension which is the actuarial equivalent of the

reserved-for-increased-take-home-pay to which such member may then be

entitled shall be sufficient to provide such member with a retirement

allowance equal to one-half of such member's final average salary.

(2) Upon completion of thirty 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 such member's

accumulated contributions at the time of such member's retirement and an

additional pension which is the actuarial equivalent of the

reserved-for-increased-take-home-pay to which such member may then be

entitled shall be sufficient to provide such member with a retirement

allowance equal to sixty percent of such member's final average salary.

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

all services performed as a correction officer of Suffolk county.

e. As used in this section, "correction officer" means a correction

officer, warden, deputy warden or chief of staff.

f. 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.

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

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

thirty 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 or thirty 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 such member's accumulated contributions at the time of such member's

retirement and an additional pension which is the actuarial equivalent

of the reserve-for-increased-take-home-pay to which such member may then

be entitled shall be sufficient to provide such member with a retirement

allowance equal to one-half of such member's final average salary for a

member retiring after the completion of twenty-five years, or a

retirement allowance equal to sixty percent of such member's final

average salary for a member retiring after the completion of thirty

years.

h. In computing the twenty-five years or thirty 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 such member's entrance into the armed forces was

in the service of the county of Suffolk.

i. 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.

j. The provisions of this section shall be controlling notwithstanding

any other provision in this article to the contrary.