N.Y. Retirement & Social Security Law § 89-i: Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St

§ 89-i. Retirement of sheriffs, undersheriffs, deputy sheriffs and

correction officers in St. Lawrence county. a. A member employed in St.

Lawrence county shall be eligible to retire pursuant to the provisions

of this section if: (1) he is a sheriff or undersheriff, or a deputy

sheriff who is engaged directly in criminal law enforcement activities;

or (2) he is a correction officer. Such eligibility shall be an

alternative to the eligibility provisions available under any other plan

of this article to which such member is subject.

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: (1) in

the case of a sheriff, undersheriff or correction officer, any and all

services performed as a sheriff, undersheriff and/or correction officer

of St. Lawrence county and all criminal law enforcement services

performed as a deputy sheriff of such county, provided, however, that

criminal law enforcement service shall only be creditable when it

aggregates fifty per centum or more of his service as a deputy sheriff

and (2) in the case of a deputy sheriff, all criminal law enforcement

service shall only be creditable when it aggregates fifty per centum or

more of such service and any and all services performed as a sheriff,

undersheriff and/or correction officer of such 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. 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: (1) the deputy sheriffs in the

sheriff's employ who are engaged directly in criminal law enforcement

activities; and (2) the eligible correction officers.

g. 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.

h. 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 St. Lawrence.

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.