N.Y. Retirement & Social Security Law § 89-v*2: Retirement of paramedics employed by the police department in the town of Tonawanda

* § 89-v. Retirement of paramedics employed by the police department

in the town of Tonawanda. a. A member employed by the town of Tonawanda

as a paramedic, or, if the title of paramedic is abolished, an

individual employed by the police department in the town of Tonawanda in

a position with responsibilities that are essentially identical to those

of a paramedic, shall be eligible to retire pursuant to the provisions

of this section, if such member files a timely election with the

comptroller, on a form provided by the comptroller for such purpose, to

be covered by this section. To be effective, such form must be filed

within one year after this section shall become law, or within one year

following the individual's commencement of eligible employment with the

police department in the town of Tonawanda, whichever is later. The

benefits hereinabove provided shall be payable to a member, unless at

the date of retirement, such member would otherwise be entitled to a

greater benefit under other provisions of this article had he withdrawn

from this section, in which event such greater benefits shall be

payable.

b. Such members 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 services and upon

retirement, each such member shall receive a pension which, together

with an annuity which shall be the actuarial equivalent of his or her

accumulated contributions at the time of his or her retirement and an

additional pension which is the actuarial equivalent of the

reserved-for-increased-take-home-pay to which he or she may then be

entitled shall be sufficient to provide him or her with a retirement

allowance equal to one-half of his or her final average salary.

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

all services performed as a paramedic with the police department in the

town of Tonawanda.

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 services

are performed by the member while contributing to the New York state and

local police and fire retirement system pursuant to the provisions of

this article or article eight of this chapter.

f. The town of Tonawanda 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 paramedics in the

police department's 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 or her accumulated

contributions at the time of his or her retirement and an additional

pension which is the actuarial equivalent of the

reserved-for-increased-take-home-pay to which he or she may then be

entitled shall be sufficient to provide him or her with a retirement

allowance equal to one-half of his or her final average salary. Upon

retirement, each such member shall receive, for each year of service in

excess of twenty-five, an additional pension which shall be equal to

one-sixtieth of his or her final average salary; provided, however, that

the total allowance payable pursuant to this section shall not exceed

three-quarters of such member's final average salary.

h. In computing the 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 or her entrance

into the armed forces was in the service of the town of Tonawanda.

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. Impairments of health; presumption. Notwithstanding any provision

of this chapter or of any general, special or local law to the contrary,

any paramedic employed by the police department in the town of Tonawanda

who is covered by the provisions of this section or subdivision s of

section six hundred four of this chapter and who contracts HIV,

tuberculosis or hepatitis after contact with members of the public

(where there may have been an exposure to a bodily fluid) will be

presumed to have contracted such disease in the performance or discharge

of his or her duties as the natural and proximate result of an accident

sustained in the performance of duties unless the contrary be proven by

competent evidence.

k. Notwithstanding any provision of this chapter or of any general or

special law to the contrary, any condition of impairment of health

caused by diseases of the heart, resulting in disability or death to any

paramedic employed by the police department in the town of Tonawanda who

is covered by the provisions of this section or subdivision s of section

six hundred four of this chapter and who, prior to entry into such

service successfully passed a physical examination which failed to

disclose evidence of any disease or other impairment of the heart shall

be presumptive evidence that it was incurred in the performance and

discharge of duty and the natural proximate result of an accident,

unless the contrary be proved by competent evidence.

l. A paramedic employed by the police department in the town of

Tonawanda who is covered by the provisions of this section or

subdivision s of section six hundred four of this chapter and is in a

plan which permits immediate retirement upon completion of a specified

period of service without regard to age or who is subject to the

provision of subdivision b of section four hundred forty-five of this

chapter, shall upon completion of ninety days of service be covered for

financial protection in the event of death in service pursuant to this

subdivision. Such death benefit shall be equal to three times the

member's salary raised to the next highest multiple of one thousand

dollars, but in no event shall it exceed three times the maximum salary

specified in section one hundred thirty of the civil service law.

m. The provisions of this section shall be controlling notwithstanding

any other provisions in this chapter to the contrary.

* NB There are 3 § 89-v's