NY Ret & SS L § 89-D (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-D - Optional Twenty Year Retirement Plan for Detective Investigators, Criminal Investigators, Senior Criminal Investigators, Confidential Criminal Investi

§   89-d.   Optional   twenty   year  retirement  plan  for  detective investigators, criminal investigators,  senior  criminal  investigators, confidential  criminal  investigators,  assistant criminal investigators and criminal investigators/arson in the office of a district attorney in counties which have elected to provide same. (a) Any  member  who  is  a detective   investigator,   criminal   investigator,   senior   criminal investigator, confidential  criminal  investigator,  assistant  criminal investigator and criminal investigator/arson in the office of a district attorney who is engaged directly in criminal law enforcement activities, may  elect  to  contribute  to  the  retirement  system  on the basis of retirement after the completion of  twenty  years  of  total  creditable service  pursuant  to  this  section  within  one  year after the county wherein he is so engaged elects to make  the  benefits  provided  herein available.  One  year  or more after the filing of an election, a member may withdraw any such election by written notice duly  acknowledged  and filed with the comptroller.  (b)  On and after a county elects to make the benefits provided herein available, every detective investigator, criminal  investigator,  senior criminal  investigator,  confidential  criminal  investigator, assistant criminal investigator and criminal investigator/arson in the office of a district attorney, entering or re-entering service as  such  and  within one  year from the date of entry or re-entry, may elect to contribute to the retirement system pursuant to this section. 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.  (c) Elections shall be in writing and shall be duly executed and filed with the comptroller.  (e) A member who elects or is required  to  contribute  in  accordance with  subdivision  (a)  of this section shall contribute, in lieu of the proportion of compensation as provided in  section  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-eightieth of his final average salary for each year of creditable service and as a member rendered after the county  wherein he  is  engaged  elected the provisions of this section 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  seventy-a  of  this article  for  such  period  of  time as the county wherein he is engaged contributes      pursuant      to       such       section       towards pensions-providing-for-increased-take-home-pay.       Such      member's contribution, reduced as aforesaid, shall also be appropriately  further reduced  by  any multiple of twenty-five percentum of such contribution, reduced as aforesaid, which the county wherein he is engaged has elected to contribute on his behalf  in  lieu  of  such  member's  contributions pursuant  to  this subdivision. No such member shall be required to make contributions after completing twenty years of such service,  except  as is provided in subdivision (m) of this section.  (f)  (1) A member then covered by the provisions of this section shall be entitled to retire after the completion  of  twenty  years  of  total creditable  service and shall retire upon attainment of age sixty-two by filing an application therefor with the comptroller.  (2)  Upon  completion  of  twenty  years  of  such  service  and  upon retirement,  each  such  member  shall receive a pension which, together with an annuity which is the actuarial  equivalent  of  his  accumulated contributions,  if any, at the time of his retirement, and an additional pension    which    is    the    actuarial     equivalent     of     the  reserve-for-increased-take-home-pay to which he may then be entitled, if any,  shall  be  sufficient  to  provide him with a retirement allowance equal to one-half of his final average salary.  (3)  Upon  attainment  of  the  mandatory  retirement age of sixty-two years, and upon retirement without completion of twenty  years  of  such service, each such member shall receive a pension which together with an annuity   which   is   the   actuarial  equivalent  of  his  accumulated contributions at the time of his retirement and  an  additional  pension which       is       the      actuarial      equivalent      of      the reserve-for-increased-take-home-pay to which he may  then  be  entitled, shall  be sufficient to provide him with a retirement allowance equal to one-fortieth of his final average salary for  each  year  of  creditable service  in  a district attorney's office.  Every such member shall also be entitled to an additional pension for other service as provided under paragraphs three and four of subdivision a of  section  seventy-five  of this article. This latter pension shall not increase the total allowance to more than one-half of his final average salary.  (4)  For  the  purpose  only  of determining the amount of the pension provided in subdivisions (f) and (m) of this section, the annuity  shall be  computed  as  it  would  be  if it were not reduced by the actuarial equivalent of any outstanding loan, and if it were not increased by  the actuarial equivalent of any additional contributions, and if it were not reduced  by  reason  of  the  member's  election to decrease his annuity contributions to the retirement system in order to apply the  amount  of such reduction in payment of his contributions for old-age and survivors insurance coverage.  (g)  The entire additional cost for the increased pensions to members, as provided by this section, shall be paid from additional contributions made by the participating employer  on  account  of  such  members.  The actuary   of   the   retirement  system  shall  compute  the  additional contribution required for 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 of the  comptroller,  such additional contributions shall be certified by him to the fiscal officer of  the  participating employer. The amount thereof shall be included in the annual appropriation of the participating employer for its  district attorney's office. Such amount shall be paid to the pension accumulation fund of the retirement system.  (h)  As  used  in  this section "creditable service" shall include all criminal law enforcement services performed as a detective investigator, criminal  investigator,  senior  criminal   investigator,   confidential criminal  investigator,  assistant  criminal  investigator  or  criminal investigator/arson in the  office  of  a  district  attorney,  provided, however,  that criminal law enforcement service shall only be creditable when it aggregates fifty percentum or more of such service.  (i) 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 sheriff, undersheriff or regular deputy sheriff 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,  provided such service was performed by the member while contributing to the  retirement  system  pursuant  to  this article or article eight of this chapter.  (j)  The  county  wherein  the  member  is engaged may, in its initial action taken under this section or subsequent thereto, elect  to  assume and  pay  all  or  part  of  the  additional  cost on account of service rendered to the county prior to the effective date of such election and, in  addition,  may  in  its  initial  action taken under this section or subsequent thereto, elect to assume and  pay  all  or  any  multiple  of twenty-five  per  centum  of  the  additional cost on account of service rendered on and after the effective date of such  election.  The  county shall  pay  the additional cost so assumed by any such election by means of annual contributions which shall be determined by the actuary.  (k) A member contributing on the basis of this section at the time  of retirement,  shall  be  retired  on December thirty-first of the year in which he attains sixty-two years of age.  Application  therefor  may  be filed  in  a  manner similar to that provided in section seventy of this article.  (l) The benefits of this section shall  be  available  only  to  those members  whose  employer  elects  to provide such benefits by adopting a resolution to such effect and filing a certified copy thereof  with  the comptroller.  (m)  Upon  completion  of twenty years of total creditable service and upon retirement, each member  covered  by  the  plan  provided  by  this section  shall receive, for each year of creditable service in excess of twenty, but not more than  ten  such  years,  an  additional  retirement allowance  equal  to  one-sixtieth  of his final average salary for each such year of such service; provided, however, that this benefit shall be available  only  after  the  county   employing   such   member   elects specifically  to  provide  this  benefit.  Member contributions, if any, shall be computed in a manner consistent with subdivision  (e)  of  this section  so  as  to provide an annuity of one hundred twentieth of final average salary for each such year of service and  employers  shall  have the  further  option to reduce contributions in a manner similar to that provided in said subdivision (e).  (n) Notwithstanding the provisions of article eleven of this  chapter, a   detective   investigator,  criminal  investigator,  senior  criminal investigator, confidential  criminal  investigator,  assistant  criminal investigator  and  criminal investigator/arson in the office of district attorney that otherwise qualifies for retirement under this section  may retire  after  the  completion  of twenty years total creditable service without regard to age with a retirement allowance equal to  one-half  of such persons final average salary.  (o) The provisions of this section shall, subject to the provisions of section  seventy-six of this article, apply to members who, on and after June first, nineteen hundred eighty-three retire or separate  in  vested status  from  service  with  a participating employer who has elected to provide the benefits hereunder.