NY Ret & SS L § 383-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 383-B - Retirement of Members of the Division of Law Enforcement in the Department of Environmental Conservation.

* § 383-b. Retirement of members of the division of law enforcement in the  department  of  environmental  conservation.  a.  As  used  in this section, the term "member of the division  of  law  enforcement  of  the department  of  environmental  conservation"  shall mean service in full time police duty as a sworn  police  officer  of  the  division  of  law enforcement in the department of environmental conservation.   b.  Notwithstanding any other provision of law providing for transfers between retirement systems, any sworn police officer of the division  of law enforcement in the department of environmental conservation who is a member  of  the New York state 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  eighty-six.  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 member of the division of law enforcement in the department of environmental conservation who elects or is required to contribute under this section shall contribute to the police and fire  retirement  system on the basis of retirement upon his or her:   1. Completion of twenty-five years of total service in the division of law enforcement in the department of environmental conservation, or   2.  Attainment  of age sixty in the division of law enforcement in the department of  environmental  conservation,  if  prior  thereto,  on  an allowance  of  one-fiftieth of his final average salary for each year of total service in the division of law enforcement in  the  department  of environmental  conservation  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  the  division  of  law enforcement in the department of environmental conservation on or  after January  first,  nineteen  hundred  eighty-seven 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 in such 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  his 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 paragraph one and this paragraph equal to one-half of final average salary.   3. An additional pension equal  to  the  pension  for  any  creditable service  rendered  while not employed in the division of law enforcement in 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 member  of  the  division  of  law  enforcement  in  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 member of the division of law enforcement in 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  members  of  the  division  of  law enforcement in 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 completed service of a member of the division of law enforcement in 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 provisions 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 unit  designated  as the security services unit 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 eighty-seven, 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.   * NB There are 2 § 383-b's