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

§  89-h.  Retirement  of  sheriffs,  undersheriffs,  deputy  sheriffs,   correction officers and identification officers in Albany county.  a.  A   member employed in Albany county shall be eligible to retire pursuant to   the  provisions  of  this  section  if:  (1)  he  or she is a sheriff or   undersheriff, or a deputy sheriff who is engaged  directly  in  criminal   law  enforcement activities; or (2) he or she is a correction officer or   identification 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 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  (1)  in   the   case   of   a   sheriff,   undersheriff,   correction  officer  or   identification officer any and all  services  performed  as  a  sheriff,   undersheriff, correction officer and/or identification officer of Albany   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 or her 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,   correction officer and/or identification 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  or  her  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 and   identification 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 or her accumulated   contributions at the time of his or her  retirement  and  an  additional    pension     which     is     the    actuarial    equivalent    of    the   reserve-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.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 or her entrance into the armed forces was in the service  of   the county of Albany.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.