NY Ret & SS L § 387-A (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 387-A - Retirement of Members of the Suffolk County Police Force; New Plan.

§ 387-a. Retirement of members of the Suffolk county police force; new plan.  a. As used in this section, the following words and phrases shall have the following  meanings  unless  a  different  meaning  is  plainly required by the context:   1. "County." Suffolk county.   2.  "Police  force."  All  members  of the police department excepting those members appointed to render clerical or stenographic,  mechanical, chauffeur  or  laboring service exclusively.   Such term, however, shall also include every employee of the police department  who  entered  such service  prior to January first, nineteen hundred sixty and who has been contributing since that  date  in  accordance  with  the  provisions  of section eighty-seven of this article.   3. "Creditable service." Full time police duty as an officer or member of such department, or full time police duty or bay constable duty as an officer or member of the police force, police department or constabulary of  any town, village or police district in the county, or as a criminal investigator in the office of the district attorney of Suffolk county or full time police duty as a police officer in any city of  the  state  of New  York  prior  to  January first, nineteen hundred sixty or as a Long Island state park patrolman or a member of the division of state  police in the state executive department.   b.  Every  member of the police force, including the commissioner, who enters or re-enters service on the police  force  on  or  after  January first,  nineteen hundred sixty-eight, shall contribute to the retirement system in the manner provided for by this section. On and after  January first,  nineteen  hundred seventy-nine no person may elect to be covered under the provisions of this section.   c. Any member of the police force who is contributing on the basis  of retirement  at  age  sixty  or under sections three hundred seventy-one, three hundred seventy-one-a, three hundred  seventy-two,  three  hundred seventy-five, three hundred eighty-four or three hundred eighty-seven of this  article,  may,  on  or  after  September  first,  nineteen hundred sixty-seven, and before  January  first,  nineteen  hundred  sixty-nine, elect  to come under the provisions of this section. Such election shall be in writing and shall be duly executed and filed with the comptroller. By such election, such  member  shall  waive  any  and  all  rights  and benefits  to  which  he  was  previously  entitled  under sections three hundred  seventy-one,  three  hundred   seventy-one-a,   three   hundred seventy-two,  three  hundred  seventy-five, three hundred eighty-four or three hundred eighty-seven of this article, and  shall  accept  instead, the  rights  and  benefits of this section as of January first, nineteen hundred sixty-nine. He thereupon shall be given credit for such  service and contributions as he was otherwise credited with under sections three hundred   seventy-one,   three   hundred  seventy-one-a,  three  hundred seventy-two, three hundred seventy-five, three  hundred  eighty-four  or three hundred eighty-seven of this article.   d.  A  member  of  the  police  force  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 twenty-one of this article, a proportion of his  compensation  similarly  determined.  Such latter  proportion shall be the same as that which was or which would be computed under subdivision d of section eighty-seven  of  this  chapter, notwithstanding   the  fact  that  such  member  will  be  eligible  for retirement after twenty years of creditable service. In no event shall a member contribute under this section at a higher rate  than  he  was  or would   be  required  to  contribute  under  subdivision  d  of  section eighty-seven of this article had this section not been enacted.    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 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 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.   e. No member of the police force shall continue to make  contributions after completing twenty years of creditable service.   f.  A  member  of  the police force, contributing on the basis of this section shall be entitled to retire after the completion of twenty years of creditable service, or on the first day of the  month  following  the attainment  of  the  mandatory  retirement age, by filing an application therefor in a manner similar to that provided in section seventy of this article.  (1)  Upon  completion  of  twenty  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 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-half of his final average salary.  (2)   Upon  attainment  of  the  mandatory  retirement  age  and  upon retirement without completion of twenty years of such service, each such member shall receive a pension which  together  with  an  annuity  which shall  be  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.   Only for the purpose of determining the amount of the pension provided in  this subdivision, 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  or  contributions  pursuant  to  waiver  under subdivision  j of section twenty-one of this article, 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 increased pensions to members of  the  police  force,  together with   all   other  expenses  of  this  retirement  plan  exceeding  the contribution required to be made by members pursuant to subdivision d of this section, shall be paid from contributions made  by  the  county  on account  of  such  members.  The  actuary of the retirement system shall compute the additional contribution for  each  member  who  participates 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 county executive  of  the county.      The   amount  thereof  shall  be  included  in  the  annual appropriation of the county for the Suffolk county police.  Such  amount  shall  be  paid  on the warrant of the county comptroller to the pension accumulation fund of the retirement system.   h.  Every member of the police force except the commissioner of police or deputy commissioner of police contributing under this  section  shall leave  the  service  on  the  last day of the calendar month in which he attains age sixty-two, which shall be his mandatory retirement age.  The commissioner  or  deputy commissioner after age sixty-two and before age seventy may elect to retire and if he does so the date of his retirement shall for the purpose of this section be deemed his mandatory retirement age.   i. The provisions of this section shall be controlling notwithstanding any provision in this article to the contrary.