NY Ret & SS L § 381-B (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 381-B - Retirement of Members or Officers of the State Police; Twenty Year Retirement Plan.

§ 381-b. Retirement of members or officers of the state police; twenty year  retirement  plan.  a.  Membership.  Every member or officer of the division of state police in  the  executive  department  who  enters  or re-enters  service  in  the  division  on or after April first, nineteen hundred sixty-nine shall be covered by the provisions of  this  section, and  every  member  or  officer  of  the division of state police in the executive department in such service  on  such  date  may  elect  to  be covered by the provisions of this section by filing an election therefor with  the  comptroller on or before March thirty-first, nineteen hundred seventy-two. To be effective, such election must be  duly  executed  and acknowledged on a form prepared by the comptroller for that purpose.   b.  Retirement  allowance. A member, covered by the provisions of this section at the time of retirement, shall  be  entitled  to  retire  upon completion of twenty years of total creditable service in such division, and  shall  retire  upon  the attainment of the mandatory retirement age prescribed by this section, by  filing  an  application  therefor  in  a manner similar to that provided in section three hundred seventy of this article.  (1)  Upon  completion  of  twenty  years  of  such  service  and  upon retirement, each such member shall receive  a  pension  which,  together with  an annuity for such years of service as provided in paragraph four of  this  subdivision,  shall  be  sufficient  to  provide  him  with  a retirement allowance of one-half of his final average salary.  (2) Upon completion of more than twenty years of such service and upon retirement,  each such member shall receive, for each year of service in excess of twenty, an additional pension which, together with an  annuity for  each  such  year as provided in paragraph four of this subdivision, shall be equal to one-sixtieth of his final  average  salary,  provided, however,  that  the  pension  payable pursuant to this section shall not exceed three-quarters of final average salary.  (3) Upon attainment of the mandatory retirement age without completion of twenty years of such  service,  each  such  member  shall  receive  a pension  which,  together  with  an annuity for such years of service as provided in paragraph four  of  this  subdivision,  shall  be  equal  to one-fortieth  of  his  final  average salary for each year of creditable service in such division. Every such member shall also be entitled to an additional pension equal to  the  pension  for  any  creditable  service rendered  while  not  an  employee  of  the  division  as provided under paragraphs three and four of subdivision  a  of  section  three  hundred seventy-five of this article. This latter pension shall not increase the total allowance to more than one-half of his final average salary.  (4)  The  annuity provided under paragraphs one, two and three of this subdivision  shall  be  the  actuarial  equivalent,  at  the   time   of retirement,  of  the  member's  accumulated contributions based upon the rate of contribution fixed under the  provisions  of  subdivision  c  of section three hundred eighty-one-a of this article and upon the salaries earned  while  in  such service rendered after April sixteenth, nineteen hundred thirty-eight and prior to April first, nineteen  hundred  sixty. Such  annuity shall be computed as it would be if it were not reduced by the actuarial equivalent of any outstanding loan nor by  reason  of  the member's  election  to  decrease  his contributions toward retirement in order to apply the resulting amount toward payment of contributions  for old  age  and  survivor's  insurance.  Any  accumulated contributions in excess of the amount required to provide the annuity  computed  pursuant to  this  paragraph  shall  be  used to increase the member's retirement allowance.  (5)  Notwithstanding  the  provisions  of  this  subdivision,  members transferred to the division of state police pursuant to a chapter of the  laws  of  nineteen  hundred  ninety-seven, upon retirement shall receive either the allowances provided by this  subdivision  or  those  provided under  the  retirement  system  to which they participated prior to such transfer whichever allowance shall be the higher.   c.  Credit  for  previous  police  service.  (1)  Police  service.  In computing the years of total creditable service in such  division,  full credit  shall  be  given  and  full  allowance shall be made for service rendered as a police officer or member of a police force  or  department of  a state park authority or commission or an organized police force or department of a county, city, town, village, police district,  authority or other participating employer or member of the capital police force in the  office of general services while a member of the New York state and local police and fire retirement system, of the New York state and local employees' retirement system or of the New York city police pension fund and for all service for which  full  credit  has  been  given  and  full allowance  made  pursuant  to  the  provisions  of section three hundred seventy-five-h of this  chapter  provided,  however,  that  full  credit pursuant  to the provisions of such section shall mean only such service as would be creditable service pursuant to  the  provisions  of  section three  hundred  eighty-three  or section three hundred eighty-three-a or three  hundred   eighty-three-b   enacted   by   chapter   six   hundred seventy-seven of the laws of nineteen hundred eighty-six of this chapter or  pursuant  to  the provisions of title thirteen of the administrative code of the city of New York for any  member  contributing  pursuant  to this section who transferred to the division of state police.  (2)  State  university police officer service. Upon completion of more than twenty years of service, and upon retirement, each such member  who was  previously  credited  with service credit in the New York state and local employees' retirement system or  the  New  York  state  and  local police  and  fire retirement system as an officer appointed by the state university pursuant to paragraph l of subdivision two of  section  three hundred  fifty-five  of  the  education  law  and  who  has successfully completed a course of law  enforcement  training  as  provided  in  such section  of the education law or for any such officer who retires on and after  January  first,  two  thousand  eighteen  who  has   successfully completed  such  course  of law enforcement training within two years of his or her date of appointment shall  receive  for  each  such  year  of previous  service,  up  to  a  total  of  no  greater than five years of previous service, additional service credit equal to one-sixtieth of his or her final average salary.   d. Retirement  for  cause.  Upon  receipt  of  a  certificate  of  the superintendent   of  state  police,  pursuant  to  section  two  hundred twenty-nine of the executive law, a member who has  accrued  twenty-five or  more  years of service credit under this section shall be retired on the first day  of  the  second  month  next  succeeding  the  date  such certificate was filed with the comptroller.   e.  Mandatory  retirement.  A member subject to the provisions of this section shall be retired on December thirty-first of the year  in  which he or she attains sixty years of age.   Notwithstanding  the  foregoing, any member in service in the division on August fifteenth, two thousand  seven,  and  who  on  that  date  was entitled  to  receive  retirement  benefits  on  the thirty-first day of December in the year in which he or she attained  fifty-seven  years  of age as provided in paragraph three of subdivision b of this section, may elect to retain such entitlement, provided the member remains in service on  the thirtieth day of December in the year in which he or she attains fifty-seven years of age. The provisions of this subdivision  shall  not apply to the superintendent.    f.  Credit  for  military  service.  In  computing  the years of total creditable service in the division of state police full credit shall  be given and full allowance shall be made for service of such member in war after  world  war  I  as  defined  in  section three hundred two of this article, provided such member at the time of his entrance into the armed forces was in police service as defined in subdivision eleven of section three hundred two of this article.   g.  Transfer of membership to employees' retirement system. Any member currently  enrolled  pursuant  to  this  section  and   who   previously transferred  service credit from the New York state and local employees' retirement system to the New  York  state  and  local  police  and  fire retirement  system,  may  elect  to transfer such previously transferred service  credit  back  to  the  New  York  state  and  local  employees' retirement   system,   and   such   member  shall  have  the  option  to retroactively transfer  his  or  her  membership  into  such  employees' retirement system.