NY Ret & SS L § 383-B-2 (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*2 - Retirement of Members of the Capital Police Force in the Office of General Services.

* §  383-b.  Retirement  of members of the capital police force in the office of general services.  a.  As  used  in  this  section,  the  term "members  of the capital police force in the office of general services" shall mean service in full time police duty as a sworn police officer of the capital police force in the office of general services.   b. Notwithstanding any other provision of law providing for  transfers between  retirement  systems,  any  sworn  police officer of the capital police force in the office of general services who is a  member  of  the New  York  state  and local 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 capital police force in the office of general services 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  capital police force in the office of general services, or   2.  Attainment  of age sixty in the capital police force in the office of general services, if prior thereto, on an allowance  of  one-fiftieth of  his  final  average  salary  for  each  year of total service in the capital police force in the office of general services 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 capital police force  in the  office  of  general  services  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; and   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 paragraphs one and two of this subdivision 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 capital police force in the office of general services 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 capital police force in the office of general services 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  capital police force in the office of general services.   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 capital police force in the office of general services, 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 the office of general services. The amount thereof shall be  included in  the  annual  appropriation  of  the office of general services. 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  capital  police  force  in the office of general services, 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 of 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-f of this  article. Such election shall be duly executed and filed with the comptroller.   * NB There are 2 § 383-b's