N.Y. Retirement & Social Security Law § 89-s*3: Retirement of members who serve as peace officers in the Nassau county probation department

* § 89-s. Retirement of members who serve as peace officers in the

Nassau county probation department. a. Any member who serves as a peace

officer and is employed in the Nassau county probation department 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 chief executive officer of the Nassau county probation

department 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 peace 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. 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 peace officer, a probation officer trainee

or a probation assistant in the Nassau county probation department.

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, shall also be deemed to be creditable

service and shall be included in computing years of total service for

retirement pursuant to this section.

f. 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; for

service beyond twenty-five years and for non-probation county service

the benefit is increased by one-sixtieth of final average salary for

each year of additional service credit.

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 Nassau.

h. Nothing in this section 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. Notwithstanding any provision of this section or of any other

provision of law to the contrary, peace officers must serve five years

within the Nassau county probation department after the effective date

of this section before they are eligible to retire under the provisions

of the twenty-five year retirement plan.

* NB There are 3 § 89-s's