N.Y. Retirement & Social Security Law § 89-t*2: Alternative retirement benefits for safety officers

* § 89-t. Alternative retirement benefits for safety officers. a.

Definitions. For purposes of this section:

1. "Qualifying member" shall mean any member who is in service as a

safety officer under the jurisdiction of the office of mental health or

the office for people with developmental disabilities, an institutional

safety officer, or a special police officer designated by the director

of a state hospital.

2. "Qualifying creditable service" shall mean creditable service

rendered while a member is a qualifying member.

b. Eligibility. 1. Any qualifying member, as defined in subdivision a

of this section, 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 comptroller may request certifications

from agency officials, as appropriate, to identify such eligible

members.

2. Any such qualifying member shall be entitled to retire after the

completion of twenty-five years of qualifying creditable service by

filing an application therefor in a manner similar to that provided in

section seventy of this article; provided, however, no such member shall

be eligible to retire until he or she has a minimum of ten years of

qualifying creditable service.

c. Retirement allowance. A member retiring under the provisions of

this section shall receive a retirement allowance consisting of a

pension equal to one-fiftieth of his or her final average salary for

each year of qualifying creditable service. This retirement allowance

shall not exceed fifty percent of such member's final average salary.

d. Computation of service. In computing the twenty-five years of

completed service of a qualifying member for purposes of this section,

full credit shall be given and full allowance shall be made for service

of such member in war after World War I, as defined in subdivision

thirty of section two of this chapter, provided such member at the time

of his or her entrance into the armed forces was in state service.

e. 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 the service credit pursuant to any other plan of this

article to which such member is subject.

f. The increased costs of the benefits provided for in this section

shall be paid from additional contributions made by the employer.

g. The provisions in this section shall be controlling notwithstanding

any other provision in this article to the contrary.

* NB There are 2 § 89-t's