NY Ret & SS L § 383-C (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 10 - Special Retirement Plans Applicable to Specified Classes of Members 383-C - Optional Retirement of Members Holding the Position of Forest Ranger in the Service of the Department of Environmental Conservation.

§ 383-c. Optional retirement of members holding the position of forest ranger  in  the service of the department of environmental conservation. a. As used in this section, the term "forest ranger in  the  service  of the  department  of  environmental conservation" shall mean a person who serves on a full-time basis in the title  of  forest  ranger  I,  forest ranger  II,  forest  ranger III, assistant superintendent of forest fire control, superintendent of forest fire control or any  successor  titles or  new  titles  in  the forest ranger title series in the department of environmental conservation.   b. Notwithstanding any other provision of law providing for  transfers between  retirement  systems,  any  forest  ranger in the service of the department of environmental conservation who is a member of the New York state and local employees' retirement system may  transfer  to  the  New York state and local police and fire retirement system and shall receive credit  pursuant  to and be entitled to the retirement benefits afforded in accordance with this section. Upon any such transfer the member shall be entitled to the amount  of  service  which  would  have  been  deemed creditable had such member been subject to such system during the course of  his  or  her  membership  within  such system. Contributions to such system shall be made in accordance with appropriate  provisions  of  law relating  thereto.  Application  for  such  transfer must be made to the state comptroller on or before December thirty-first,  nineteen  hundred ninety-seven.  The  provisions  of  section three hundred forty-three of this article shall apply to any member making application  for  transfer under this subdivision.   c. Any forest ranger in the service of the department of environmental conservation  who elects or is required to contribute under this section shall contribute to the  New  York  state  and  local  police  and  fire retirement system on the basis of retirement upon his:   1. Completion of twenty-five years of total creditable service, or   2.  Attainment  of  age  sixty,  if  prior thereto, on an allowance of one-fiftieth of  his  final  average  salary  for  each  year  of  total creditable  service  not  in  excess of twenty-five years. Such election shall be in writing and shall  be  duly  executed  and  filed  with  the comptroller.   d.  Every  employee entering or re-entering service as a forest ranger in the service of the department of  environmental  conservation  on  or after  the  effective date of this section shall contribute on the basis provided for by this section.   e. A member who is required to  contribute  in  accordance  with  this section  shall  contribute, in lieu of the proportion of compensation as provided  in  section  three  hundred  twenty-one  of  this  article,  a proportion   of  his  compensation  similarly  determined.  Such  latter proportion shall be computed to provide at the time when he shall  first become  eligible  for retirement under this section, an annuity equal to one-one hundredth of his final average salary for each year  of  service as  a  member  prior  to  the  attainment of the age when he shall first become eligible for  retirement.  Such  member's  rate  of  contribution pursuant  to  this  section  shall  be appropriately reduced pursuant to section three hundred seventy-a of this article for such period of  time as   his   employer   contributes   pursuant   to  such  section  toward pensions-providing-for-increased-take-home-pay. No such member shall  be required to continue contributions after completing twenty-five years of such service.   f.  A member contributing on the basis of this section, at the time of retirement,  shall  be  entitled  to  retire  after  the  completion  of twenty-five  years of total creditable service or upon the attainment of age sixty by filing an application therefor in a manner similar to  that  provided  in section three hundred seventy of this article. He thereupon shall receive, on retirement, a retirement allowance consisting of:   1.  An  annuity  which  shall  be  the  actuarial  equivalent  of  his accumulated contributions at the time of his retirement, plus   2. A pension which, together with such annuity and a pension which  is the  actuarial  equivalent of the reserve-for-increased-take-home-pay to which he may then be entitled, if any, shall equal one-fiftieth of  this final  average  salary  for  each  year  of  creditable  service in such division. This pension shall not exceed the amount needed  to  make  the total amount of the benefits provided under this paragraph and paragraph one of this subdivision equal to one-half of final average salary.   3.  For each year of total creditable service in excess of twenty-five years, an additional pension which shall be equal to one-sixtieth of his 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.   4.  An  additional  pension  equal  to  the pension for any creditable service rendered while not employed as a forest ranger in the service of the  department  of  environmental  conservation   as   provided   under paragraphs  two  and  three  of  subdivision  a of section three hundred seventy-five of this article. This pension shall:  (i) be payable only if such member has attained age sixty at the  time of  retirement  and  has not completed twenty-five years of service as a forest  ranger  in  the  service  of  the  department  of  environmental conservation for which he receives credit under this article, and  (ii)  not  increase  the  total  allowance  to more than he would have received had his total service been rendered as a forest ranger  in  the service of the department of environmental conservation.   For the purpose only of determining the amount of the pension provided herein, the annuity shall be computed as it would be:  (A)  if  not  reduced  by  the actuarial equivalent of any outstanding loan, and  (B) if not increased by the actuarial  equivalent  of  any  additional contributions, and  (C)  if not reduced by reason of the member's election to decrease his annuity contributions to the retirement systems in order  to  apply  the amount of such reduction in payment of his contributions for old-age and survivors insurance coverage.   g.  The  increased  pensions  to a forest ranger in the service of the department of environmental conservation, as provided by  this  section, shall be paid from additional contributions made by the state on account of  such members. The actuary of the retirement system shall compute the additional contribution of each member who elects to receive the special benefits provided under  this  section.  Such  additional  contributions shall  be  computed on the basis of contributions during the prospective service of such member which will cover the liability of the  retirement system  for  such extra pensions. Upon approval by the comptroller, such additional contributions shall be certified by him to  the  commissioner of  environmental conservation.  The amount thereof shall be included in the  annual  appropriation  of  the  state   for   the   department   of environmental  conservation. Such amount shall be paid on the warrant of the comptroller to the  pension  accumulation  fund  of  the  retirement system.   h. In computing the twenty-five years of total creditable service of a forest  ranger  in  the  service  of  the  department  of  environmental conservation, full credit shall be given and  full  allowance  shall  be made  for  service  of  such  member in time of war and service with the American expeditionary forces subsequent to November eleventh,  nineteen  hundred eighteen, and prior to June thirtieth, nineteen hundred nineteen of  honorably  discharged  officers, soldiers, sailors, marines and army nurses, who were actual residents of the state  at  the  time  of  their entry into the military service of the United States, and the service of members  of  the  national  guard  in the military service of the United States of America pursuant to the  call  of  the  president  or  Mexican border service.   i.  The provision of this section shall be controlling notwithstanding any provision in this article to the contrary.   j. Notwithstanding any provision of subdivision d, e,  or  i  of  this section  to  the contrary, a member who is in the collective negotiating units designated as the security services unit or  security  supervisors unit  or  designated  management  confidential employees and established pursuant to article fourteen of  the  civil  service  law  and  who  has elected  or  is  required  to contribute in accordance with this section may, on or before March  thirty-first,  nineteen  hundred  ninety-eight, elect   to   come   under   the  provisions  of  section  three  hundred seventy-five-h of this article. Such election shall be duly executed and filed with the comptroller.   k. Commencing with the effective date of this section and in a  manner determined by the head of the retirement system, the employer shall make contributions  to  the  retirement  system  to  fund  the  past  service liability cost associated with the implementation  of  this  section  as those  costs  are  calculated  by  the  retirement  system actuary. Such contributions may be made, at the election of  the  employer,  in  level dollar installments over a ten year period.