NY Ret & SS L § 384-D (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 384-D - Optional Twenty Year Retirement Plan for Certain Firefighters and Police Officers Whose Employer Elects to Provide Same.

§   384-d.      Optional  twenty  year  retirement  plan  for  certain firefighters and police officers whose employer elects to provide same.   a. Any member of the retirement system who is  a  firefighter,  police officer  or officer of any organized fire department or organized police force or police department of any  county,  city,  town,  village,  fire district,  police  district  or  participating  employer  may  elect  to contribute to the retirement system pursuant to this section within  one year  after  he  or she becomes such an officer or member, if his or her employer has previously elected to make  the  benefits  provided  herein available  to  its officers and members, or within one year after his or her employer elects to make the benefits provided  herein  available  to its officers and members.   b.  Elections  made  pursuant  to this section shall be in writing and shall be duly acknowledged and filed with the  comptroller.  Any  member who  files  such  an  election  pursuant to this section may withdraw it after it has been filed for at least a year. Such withdrawal shall be by written notice duly acknowledged and filed with the  comptroller.  After such withdrawal such member shall contribute to the retirement system as otherwise provided in this article.   c.  A member who elects 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-eightieth of  his final average salary for each year of service as a member rendered after his  employer  elects  the  provisions of this section, and 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  provided,  however, that such member may by written notice duly acknowledged and filed  with  the comptroller,  make  an  election  to waive such reduction as provided by subdivision j of section three hundred twenty-one of this  article.  One year  or  more  after the filing thereof, a member may withdraw any such election  by  written  notice  duly  acknowledged  and  filed  with  the comptroller.   Such   member's   rate  of  contribution  shall  also  be appropriately reduced by any multiple of twenty-five per centum  of  the additional  cost  which a member's employer has elected to contribute on his behalf in lieu of  such  member's  contributions  pursuant  to  this subdivision.   d.  No  such  member  shall  be  required  to make contributions after completing twenty years of such service.   e. A member contributing on the basis of this section at the  time  of retirement,  shall  be entitled to retire after the completion of twenty years of total creditable service in  such  fire  department  or  police force  or department, or upon the attainment of age sixty-two, 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, if any, 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, if  any, shall be sufficient to provide  him  with  a  retirement  allowance equal to one-half of his final average salary.  (2)  Upon  attainment  of  age  sixty-two  and upon retirement without completion of twenty years of  such  service,  each  such  member  shall receive a pension which together with an annuity, if any, 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,  if  any,  shall be sufficient to provide him with a retirement allowance equal to one-fortieth of his final  average  salary for  each  year  of creditable service in such fire department or police force or department. 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 such fire department or  police  force or department 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.   For the purpose only of determining the amount of the pension provided in  this  subdivision e, the annuity shall be computed as it would be if it were not reduced by the actuarial equivalent of any outstanding loan, and if it  were  not  increased  by  the  actuarial  equivalent  of  any additional  contributions,  and  if it were not reduced by reason of the member's  election  to  decrease  his  annuity  contributions   to   the retirement  system  in  order  to  apply the amount of such reduction in payment  of  his  contributions  for  old-age  and  survivors  insurance coverage.   f.  The  increased  pensions  to  such  members,  as  provided by this section, shall  be  paid  from  additional  contributions  made  by  the participating  employer  on  account of such members. The actuary of the retirement system shall compute the additional contribution required for 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  of  the   comptroller,   such   additional contributions  shall  be  certified  by him to the fiscal officer of the participating employer.  The amount thereof shall  be  included  in  the annual   appropriation  of  the  participating  employer  for  its  fire department and police force or department. Such amount shall be paid  on the  warrant  of the fiscal officer of the participating employer to the pension accumulation fund of the retirement system.   g. In computing the twenty years of completed service of a member of a police department or fire department, full credit  shall  be  given  for military  service as defined in subdivisions twenty-nine-a and thirty of section three hundred two of this  chapter.  In  addition,  full  credit shall  be  given and full allowance shall be made for prior service in a fire department or police force or department, other than the  force  or department  in  which  he  is a member at the time of retirement, if his employer elects to assume the cost of such prior fire or police  service as hereinafter provided.   The  member's employer, however, by appropriate action, may (a) in its initial action under this section, elect to assume all of the additional cost on account  of  service  as  an  officer  or  member  of  any  such department  or  force  rendered  to such employer prior to the effective date of such election and (b) in any  subsequent  action,  as  hereafter provided  in  this paragraph, elect to assume all of the additional cost on account of previous service as an officer or member of any such other  department or force and, in addition may in  its  initial  action  under this  section, elect to assume any multiple of twenty-five per centum of such additional cost  on  account  of  such  service  for  such  current employer  rendered  on  and  after  the  effective  date of such initial election. Any subsequent election changing the percentage of  additional cost  assumed  by  an  employer shall apply only to service rendered for such employer on  and  after  the  effective  date  of  such  subsequent election.  The  employer shall pay the additional cost so assumed by any such election by means of annual contributions which shall be determined by the actuary and paid by the  employer  in  the  same  manner  as  the contributions  required under section three hundred twenty-three of this article. An employer, which in its initial action elected to assume  all of  the  additional  cost  on  account  of service only as an officer or member of its police or fire department rendered prior to the  effective date  of  such  election may elect to assume all of the additional cost, including the cost of the necessary actuarial reevaluation on account of previous service rendered as an officer or member of any such  organized fire  department  or organized police force or department of any county, city, town, village, fire district, police  district,  or  participating employer other than such employer.   h.  Upon  retirement  of  any  member  pursuant  to  this section, any additional amounts credited to  the  member's  annuity  savings  account pursuant  to  subdivision  b  of  section  three  hundred thirty of this article shall be treated as excess contributions and shall  be  used  to provide  an  annuity  in  addition  to  the  annuity  prescribed by this section. Any other amounts credited  to  the  member's  annuity  savings account,  except  the  amounts contributed or required to be contributed under this section and except such amounts as are  required  to  produce the  retirement allowance provided by subdivision e of this section, may at the option of the member at the time of retirement  be  withdrawn  or used to provide an annuity in addition to the annuity prescribed by this section.   i.  Every  member  contributing  on the basis of this section shall be separated from the service on the last day of the  calendar  month  next succeeding the calendar month in which he or she attains age sixty-five, provided, however, that such a member who attained the age of sixty-five before  his or her employer elected to make the benefits provided herein available to him or her, or who attains the age of sixty-five within one month after his or her employer makes such  benefits  available,  to  be eligible  for  a  pension  computed in accordance with the provisions of subdivision e of this section,  shall  be  separated  from  the  service within  three  months  after  his  or  her  employer makes such benefits available, or on  or  before  December  thirty-first,  nineteen  hundred sixty-eight,  whichever  shall last occur, provided further, however, to be eligible to remain on payroll under this section after attaining  the age  of sixty-two, such members must be capable of performing the duties of their position.   j. The provisions of this section shall be controlling notwithstanding any provision in this article to the contrary.   k. The benefits of this section  shall  be  available  only  to  those police  officers  and firefighters whose employer elects to provide such benefits by adopting a resolution to such effect and filing a  certified copy thereof with the comptroller.   l.  Except  for members of the Westchester county department of public safety services who are required to contribute to the retirement  system in  the  manner  provided  by  section  three hundred eighty-six of this article, every member who enters or reenters service in the  Westchester county  department  of  public  safety  services on or after July first,  nineteen hundred seventy-nine, and who is engaged directly  in  criminal law  enforcement  activities which aggregate fifty per centum or more of said member's service, shall contribute to the retirement system in  the manner provided for by this section.   m.  Notwithstanding  any  inconsistent  provision  of law, if the town board of the town of Southampton elects to make  the  benefits  of  this section  available  to the members of its police department, each member of such department shall be separated from service  upon  completion  of twenty  years  of  service,  provided,  however, that the town board may permit a member to continue in service on  an  annual  basis  after  the completion of twenty years of service, but in no event shall such annual service  be  continued after a member has attained age sixty unless such member has not attained twenty years of service.   n. Notwithstanding any inconsistent provision of law, if  the  village board of the village of Westhampton Beach elects to make the benefits of this  section  available  to  the members of its police department, each member  of  each  department  shall  be  separated  from  service   upon completion  of  twenty  years  of  service,  provided, however, that the village board will permit a member to continue in service on  an  annual basis  after  the completion of twenty years of service, but in no event shall such optional service be continued after a member has attained age fifty-five.   o. Any member of the police and  fire  retirement  system  who  was  a member of the New York state employees' retirement system while employed as a police department cadet and whose membership therein was terminated by  his  or  her  attaining membership in the police and fire retirement system, may purchase credit in  the  said  police  and  fire  retirement system  for  prior  creditable  service in the New York state employees' retirement system earned while employed as a police department cadet and shall have the period of such prior service  credit  counted  as  police service  for the purpose of determining the amount of his or her pension and retirement allowance and period of service needed for retirement. In order to purchase credit pursuant to this subdivision, the member  shall pay  into  the  pension  accumulation  fund  the  contribution amount as determined by the comptroller, either in a lump sum or in  installments, necessary  to  pay  in  full  the cost of such previous service. If such payment be made in installments, the same shall be paid within a  period no greater than the number of months of such member service granted.   p.  (1) Any member of the police and fire retirement system, who was a member of the New York state  and  local  employees'  retirement  system while employed as a police department cadet and whose membership therein was terminated by his or her attaining membership in the police and fire retirement  system,  may  purchase  credit  in  the said police and fire retirement system for prior creditable service in  the  New  York  state employees'  retirement  system  earned  as a police department cadet and shall have the period of such prior service  credit  counted  as  police service  for the purpose of determining the amount of his or her pension and retirement allowance and period of service needed for retirement. In order to purchase credit pursuant to this  subdivision  a  member  shall deposit  in  the pension accumulation fund a sum equal to the product of the participating employers' normal contribution rate at the time of the member's entry into such police department cadet  service,  his  or  her annual  rate  of  compensation  at  that  time, and the period of police department cadet service being  claimed,  with  regular  interest.  Such deposit  must  be  made  within  one year of the date of election by the participating employer, provided  however,  such  member  may  elect  to deposit such amount over a period of time no greater than the period for which credit is being claimed, in which case such payments must commence  within  one  year of the date of election by the participating employer. If the full amount of such  payments  is  not  paid  to  the  retirement system,  the  amount  of  service  credited shall be proportional to the total amount of the payments made.  (2)  The  benefit  provided  for  in  paragraph  one  hereof  shall be conditioned upon the participating employer electing, within three years of the effective date of this subdivision, in a manner similar  to  that provided  in  subdivision  a  of  section  three  hundred thirty of this article to provide this benefit and assuming the additional cost thereof on account of all of the officers and members of  its  organized  police force  or  department  who are contributing under the provisions of this section. The benefit provided for in paragraph one of  this  subdivision shall  be  paid  from  additional  contributions made by the appropriate participating employer on account of such members. The  actuary  of  the retirement  system  shall  compute the additional contributions for each employer who elects to provide the benefits provided under paragraph one of this subdivision. Such additional contributions shall be computed  on the  basis  of  contributions  during  the  prospective  service of such members which will cover the liability of the retirement system for such extra pensions.  Upon  approval  of  the  comptroller,  such  additional contributions  shall  be  certified  by him to the fiscal officer of the participating employer.   q. Notwithstanding any inconsistent provision of law,  if  any  person formerly  employed  as  a paramedic by the town of Tonawanda between the period of October seventeenth,  nineteen  hundred  seventy-four  to  May fourteenth, nineteen hundred eighty and who became employed by said town as  a  police  officer on May fifteenth, nineteen hundred eighty and was assigned to the  fifty-five  year  police  retirement  plan  due  to  no negligence  of  his  own, desires to join the twenty year plan, he shall have six months after the effective date of  this  subdivision  to  make application for said transfer.   r.  The  benefits  hereinabove  provided shall be payable to a member, unless at the  date  of  retirement,  such  member  would  otherwise  be entitled to a greater benefit under other provisions of this article had he  withdrawn  from  this  section, in which event such greater benefits shall be payable.   s. 1. Any member of the city of  Yonkers  police  department  or  fire department  who  was  previously  enrolled  in  an  optional twenty year retirement plan pursuant to this section and whose  enrollment  in  such plan  ceased  upon  transfer  to the retirement plan created pursuant to section three  hundred  eighty-eight  of  this  article,  may  elect  to re-enroll in the twenty year retirement plan pursuant to this section if the  city  council  of  the city of Yonkers elects to make such benefits available.   2. The benefits provided by paragraph one of this subdivision shall be conditioned upon the participating employer electing within three  years of  the  effective  date of this subdivision, in a manner similar to the election stipulated in subdivision b of section three hundred thirty  of this article, to provide such benefits and to assume the additional cost of  such  benefits  for all officers and members of its organized police department  and  fire  department  who  otherwise  transferred  to   the retirement  plan  provided by section three hundred eighty-eight of this article.   t. Any member of  the  New  York  state  and  local  police  and  fire retirement  system  who  was  a  member  of the New York city employees' retirement system while employed as a New York  city  police  department trainee  or a New York city transit officer trainee and whose membership therein was terminated by his attaining membership in the New York state  and local police and fire retirement system, may purchase credit in  the New  York  state  and  local police and fire retirement system for prior creditable service in the New York  city  employees'  retirement  system earned  while employed as a police department trainee or transit officer trainee and shall have the period of such prior service  credit  counted as  police  service  for  the  purpose  of determining the amount of his pension and retirement  allowance  and  period  of  service  needed  for retirement.  In  order  to purchase credit pursuant to this subdivision, the member shall pay into the pension accumulation fund the contribution amount as determined by the comptroller, either in  a  lump  sum  or  in installments,  necessary  to  pay  in  full  the  cost  of such previous service. If such payment be made in installments, the same shall be paid within a period no greater than the number  of  months  of  such  member service granted.   * u.  (1)  Any  member  of  the Nassau county police department who is enrolled in section three hundred eighty-five-a  of  this  article,  may elect  to  enroll  in  the  twenty year retirement plan pursuant to this section if Nassau county elects to make such benefits available.  (2) The benefits provided by paragraph one of this  subdivision  shall be  conditioned  upon  the  participating employer electing within three years of the effective date of this subdivision, in a manner similar  to the election stipulated in subdivision b of section three hundred thirty of  this  article, to provide such benefits and to assume the additional cost of such benefits for all officers  and  members  of  its  organized police  department who otherwise would be covered by the retirement plan provided by section three hundred eighty-five-a of this article.   * NB There are 2 sub u's   * u. 1. Any member of the Suffolk  county  police  department  who  is enrolled  in  the  retirement  plan  provided  by  section three hundred eighty-seven-a of this article, may elect to enroll in the  twenty  year retirement  plan  pursuant  to  this section if Suffolk county elects to make such benefits available.   2. The benefits provided by paragraph one of this subdivision shall be conditioned upon the participating employer electing within three  years of  the  effective  date of this subdivision, in a manner similar to the election stipulated in subdivision b of section three hundred thirty  of this article, to provide such benefits and to assume the additional cost of  such  benefits  for all officers and members of its organized police department who  otherwise  would  be  covered  by  the  retirement  plan provided by section three hundred eighty-seven-a of this article.   * NB There are 2 sub u's   v.  (1)  Notwithstanding  any  inconsistent  provision  of  law, those individuals employed as police officers  by  the  village  of  Freeport, specifically  Kevin  Case, Shawn Randall, Andrew Rhan, Scott Ballard and Michael Horne, and who are enrolled in  an  improved  career  retirement plan authorized pursuant to section three hundred seventy-five-i of this article,  who  for reasons not ascribable to their own negligence failed to previously join the twenty year  retirement  plan  pursuant  to  this section  may  elect  to  enroll  in such plan if the village of Freeport elects to make such benefits available.  (2) The benefits provided by paragraph one of this  subdivision  shall be  conditioned  upon  the  participating employer electing within three years of the effective date of this subdivision, in a manner similar  to the election stipulated in subdivision b of section three hundred thirty of this article, to provide such benefits.  (3)  The employer shall have the option of amortizing the cost of this measure over a period of five years.    w. Notwithstanding any other provision of law  to  the  contrary,  any member of the New York state and local police and fire retirement system who  was  a member of the New York state and local employees' retirement system while employed as an investigator-trainee, Waterfront  Commission of  New  York  Harbor,  which is not deemed to be police service, who is employed by the Waterfront Commission of New York Harbor,  which  is  an employer  electing to participate in the optional twenty year retirement plan pursuant to this section shall be deemed to  have  provided  police service  while  so  employed  by  the  Waterfront Commission of New York Harbor and shall receive creditable service in the New  York  state  and local  police and fire retirement system for prior creditable service in the New York state and local employees' retirement system  earned  while employed  as  an  investigator-trainee and shall have the period of such prior service credit counted  as  police  service  for  the  purpose  of determining  the  amount  of  their pension and retirement allowance and period of service needed for retirement.   x. Notwithstanding any  provision  of  this  section,  service  as  an aircraft   rescue   firefighter   employed   by   the  Niagara  frontier transportation authority shall be included for the purposes of computing police or fire service for retirement pursuant to this section, provided such authority has elected to participate in  the  New  York  state  and local  police  and  fire  retirement  system  and  elects to provide the benefit of this section.   y. 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.