NY Ret & SS L § 89-M (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-M - Retirement of Sheriffs, Undersheriffs, Deputy Sheriffs and Correction Officers in Broome County.

§  89-m.  Retirement  of  sheriffs, undersheriffs, deputy sheriffs and   correction officers in Broome county. a. A  member  employed  in  Broome   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  this  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  Broome 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 Broome.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.