NY Ret & SS L § 89-L (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 9 - Special Retirement Plans Applicable to Specified Classes of Members 89-L - Retirement of Sheriffs, Undersheriffs, Deputy Sheriffs and Correction Officers in Orleans County.

§  89-l.  Retirement  of  sheriffs, undersheriffs, deputy sheriffs and   correction officers in Orleans county. a. A member employed  in  Orleans   county  shall  be  eligible to retire pursuant to the provisions of this   section if: (1) he is a sheriff or undersheriff, or a deputy sheriff who   is engaged directly in criminal law enforcement activities; or (2) he is   a correction officer. 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  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: (1)  in   the  case  of a sheriff, undersheriff or correction officer, any and all   services performed as a sheriff, undersheriff and/or correction  officer   of Orleans county and all criminal law enforcement services performed as   a  deputy  sheriff  of such county, provided, however, that criminal law   enforcement service shall only be creditable when  it  aggregates  fifty   per  centum  or  more  of his service as a deputy sheriff and (2) in the   case of a deputy sheriff, all criminal  law  enforcement  service  shall   only  be  creditable when it aggregates fifty per centum or more of such   service and any and all services performed as  a  sheriff,  undersheriff   and/or correction officer of such county.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,  provided  that  service as such   investigator shall have been rendered prior to January  first,  nineteen   hundred  sixty  and  that  credit  therefor shall not exceed five years,   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  service  was  performed  by  the  member  while   contributing to the retirement system pursuant to the provisions of this   article or article eight of this chapter.f.  The  sheriff 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:  (1) the deputy sheriffs in the   sheriff's employ who are engaged directly in  criminal  law  enforcement   activities; and (2) the eligible correction officers.g.  A member, contributing on the basis of this section at the time of   retirement, shall 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 reserve-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. h. 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 Orleans.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. The provisions of this section shall be controlling notwithstanding   any other provision in this article to the contrary.