NY Ret & SS L § 383 (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 - Retirement of Members in Regional State Park Police Service.

§ 383. Retirement of members in regional state park police service. a. As  used  in  this section the term "regional state park police service" shall mean service in full time police duty as a park patrolman, officer or member of any police force of a regional state park commission.   b. Any member of the police and fire  retirement  system  in  regional state park police service may elect to 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 regional state park police service, or   2. Attainment of age sixty in regional state park police  service,  if prior thereto, on  an  allowance  of  one-fiftieth of his final average salary for each year of total service in regional state  park  police  service,  not  in excess of twenty-five years. Such election shall be in writing and shall be duly executed and filed with the comptroller.   c.  Every  employee entering or re-entering regional state park police service on or after  April  first,  nineteen  hundred  forty-nine  shall contribute on the basis provided for by this section.   d. A member who elects or 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 rendered after April first, nineteen hundred forty-nine 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. No such member shall be required to continue  contributions after completing twenty-five 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-five  years  of  total  creditable service in regional state park police 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   is   the   actuarial   equivalent   of   the reserve-for-increased-take-home-pay to which he may then be entitled, if any, plus   3. A pension of one-one hundredth of his final average salary for each year of service rendered:  (a) Since he last became a member, and  (b)  Prior  to the completion of twenty-five years of total service in regional state park police service, and  (c) Toward which he and  his  employer  have  contributed  under  this section, plus    4.  An additional pension of one-fiftieth of his final average salary, multiplied by the number of years of total  service  in  regional  state park  police  service prior to April first, nineteen hundred forty-nine. This pension shall be payable only if such member has had  one  or  more years  of  service as a member. The computation of this pension shall be subject to the further conditions that:  (a) The service  rendered  prior  to  April  first,  nineteen  hundred forty-nine, shall be limited so that the total service in regional state park  police  service  used  as  a  basis  for pension credit under this paragraph four and paragraph three  of  this  subdivision  e  shall  not exceed twenty-five years, and  (b)  The  amount  of  the  additional pension payable pursuant to this paragraph four shall not exceed the amount needed to increase the  total amount  of  the benefits provided under paragraphs one and three of this subdivision e to one-half of the final average salary, plus   5. An additional pension equal  to  the  pension  for  any  creditable service  rendered  while  not  employed  in  regional  state park police service as provided under paragraphs three and four of subdivision a  of section three hundred seventy-five of this article. This pension shall:  (a)  Be payable only if such member has attained age sixty at the time of retirement and has not completed twenty-five years in regional  state park police service for which he receives credit under this article, and  (b)  Not  increase  the  total  allowance  to  more than he would have received had his total service been  rendered  in  regional  state  park police service.   f.  The increased pensions to any member in regional state park police service, as provided by this section,  shall  be  paid  from  additional contributions  made by the state on account of such members. The actuary of the police and fire retirement system shall  compute  the  additional contribution  for  each  member who elects 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 police and fire retirement system for such extra pensions, and  upon  approval  by  the  comptroller,  the additional contributions shall be certified by the comptroller and shall be included in the annual appropriation to the pension accumulation fund of  the  police  and  fire  retirement  system in the manner provided in section three hundred sixteen of this article.   g. In computing the twenty-five years of completed service in regional state park police service full credit shall be given and full  allowance shall  be  made  for  service of such member in war after world war I as defined in section three hundred two  of  this  article,  provided  such member  at  the  time  of  his entrance into the armed forces was in the regional state park police service or a member of the division of  state police in the executive department and for service in time of war during world   war  I  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  and  marines who were actual residents of this 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 for Mexican border service.   h. Service in the division  of  the  state  police  in  the  executive department  shall be considered allowable service in regional state park police service, for the purposes of  this  section,  provided  that  the member  pays  or  has  paid  the  required  contributions  and provided, further, that in the case of employees entering or re-entering  regional  state  park  police  service  on  or  after July first, nineteen hundred fifty-four, only credit for service as a member or officer of the  state police  (including  service  granted  pursuant  to subdivision g of this section and credited as state police service) shall be so allowable.   i. The provisions of this section shall be controlling notwithstanding any provision of this article to the contrary.   j.  Notwithstanding  any  provision  of  subdivision b, c 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 seventy-three, 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.