N.Y. Retirement & Social Security Law § 89-y: Twenty-five year retirement plan for firefighters employed by the division of military and naval affairs

§ 89-y. Twenty-five year retirement plan for firefighters employed by

the division of military and naval affairs. a. A member who serves as an

airport firefighter apprentice, airport firefighter I, airport

firefighter II, airport firefighter III, or training and safety officer

and is employed by the division of military and naval affairs 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.

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 their

accumulated contributions at the time of their retirement and an

additional pension which is the actuarial equivalent of the

reserved-for-increased-take-home-pay to which they may then be entitled

shall be sufficient to provide them with a retirement allowance equal to

one-half of their final average salary.

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

all services performed as a firefighter apprentice, airport firefighter

I, airport firefighter II, airport firefighter III, or training and

safety officer employed by the division of military and naval affairs.

e. Credit for service as a paid firefighter or officer of any

organized fire department 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 their accumulated

contributions at the time of their retirement and an additional pension

which is the actuarial equivalent of the

reserved-for-increased-take-home-pay to which they may then be entitled

shall be sufficient to provide them with a retirement allowance equal to

one-half of their final average salary; for service beyond twenty-five

years and for non-firefighter 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 article, provided such member at the

time of their entrance into the armed forces was in the service of the

state.

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. Any member who, on or before the effective date of this section, is

a firefighter apprentice, airport firefighter I, airport firefighter II,

airport firefighter III, or training and safety officer employed by the

division of military and naval affairs may, by filing an election within

one year after the effective date of this section, elect to be subject

to the provisions of this section. Such election shall be in writing,

shall be duly executed and filed with the comptroller and shall be

irrevocable.