N.Y. Retirement & Social Security Law § 89-q: Retirement of traffic officers with the town of Elmira

§ 89-q. Retirement of traffic officers with the town of Elmira. a. A

member employed as a traffic officer with the town of Elmira traffic

district number one shall be eligible to retire pursuant to the

provisions of this section if he is a traffic officer or holds a job

with responsibilities similar to those of a traffic officer, in the

event that the job title of traffic officer shall be abolished. 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 any and

all services performed as a traffic officer with the town of Elmira

traffic district number one.

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, 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 town of Elmira shall certify to the comptroller, periodically

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

may be prescribed, the identity of the traffic officers in its employ.

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

retirement, may 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 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.

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

town of Elmira.

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.