N.Y. Retirement & Social Security Law § 89-w: Optional twenty-five year retirement plan for county fire marshals in the county of Nassau

§ 89-w. Optional twenty-five year retirement plan for county fire

marshals in the county of Nassau. a. A member who serves as a county

fire marshal, supervising fire marshal, fire marshal, assistant fire

marshal, assistant chief fire marshal, chief fire marshal or division

supervising fire marshal and is employed by the county of Nassau 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 county executive of the county of Nassau shall certify to

the comptroller, periodically and at such intervals of time as may be

required of him or her and in such fashion as may be prescribed, the

identity of the eligible county fire marshal, supervising fire marshals,

fire marshals, assistant fire marshals, assistant chief fire marshals,

chief fire marshals and division supervising fire marshals in his or her

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 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 county fire marshal, supervising fire

marshal, fire marshal, assistant fire marshal, assistant chief fire

marshal or chief fire marshal employed by the county of Nassau.

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 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; for

service beyond twenty-five years and for non-fire marshal 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.

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, county fire marshals, supervising fire

marshals, fire marshals, assistant fire marshals, assistant chief fire

marshals, chief fire marshals and division supervising fire marshals

must serve five years within the Nassau county fire marshal department

after the effective date of this section before they are eligible to

retire under the provisions of the twenty-five year retirement plan.