NY Ret & SS L § 89-W (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-W - Optional Twenty-Five Year Retirement Plan for County Fire Marshals in the County of Nassau.

§  89-w.  Optional  twenty-five  year  retirement plan for county fire   marshals in the county of Nassau. a. A member who  serves  as  a  county   fire  marshal,  supervising  fire  marshal, fire marshal, assistant fire   marshal, assistant chief fire marshal  or  chief  fire  marshal  and  is   employed by the county of Nassau shall be eligible to retire pursuant to   the provisions of this section. Such eligibility shall be an alternative   to  the  eligibility  provisions  available under any other plan of this   article to which such member is subject. The  county  executive  of  the   county  of  Nassau shall certify to the comptroller, periodically and at   such intervals of time as may be required of him  or  her  and  in  such   fashion  as  may be prescribed, the identity of the eligible county fire   marshal,  supervising  fire  marshals,  fire  marshals,  assistant  fire   marshals,  assistant  chief fire marshals and chief fire marshals in his   or her employ.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  or  her   accumulated  contributions  at  the time of his or her retirement and an   additional  pension  which  is   the   actuarial   equivalent   of   the   reserved-for-increased-take-home-pay  to  which  he  or  she may then be   entitled shall be sufficient to provide him or  her  with  a  retirement   allowance equal to one-half of his or her final average salary.d.  As used in this section "creditable service" shall include any and   all services performed  as  a  county  fire  marshal,  supervising  fire   marshal,  fire  marshal,  assistant  fire  marshal, assistant chief fire   marshal or chief fire marshal employed by the county of Nassau.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 shall also be deemed to be  creditable   service  and  shall  be included in computing years of total service for   retirement pursuant to this section.f. A member contributing on the basis of this section at the  time  of   retirement,  may  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 or her accumulated   contributions at the time of his or her  retirement  and  an  additional   pension     which     is     the    actuarial    equivalent    of    the   reserved-for-increased-take-home-pay to which he  or  she  may  then  be   entitled  shall  be  sufficient  to provide him or her with a retirement   allowance equal to one-half of his or  her  final  average  salary;  for   service beyond twenty-five years and for non-fire marshal county service   the  benefit  is  increased  by one-sixtieth of final average salary for   each year of additional service credit.g. 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. h. Nothing in this section 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.i. The provisions of this section shall be controlling notwithstanding   any other provision in this article to the contrary.j.  Notwithstanding  any  provision  of  this  section or of any other   provision of law to the contrary, county fire marshals, supervising fire   marshals, fire marshals, assistant fire marshals, assistant  chief  fire   marshals and chief fire marshals must serve five years within the Nassau   county  fire marshal department after the effective date of this section   before  they  are  eligible  to  retire  under  the  provisions  of  the   twenty-five year retirement plan.