NY Ret & SS L § 385 (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 385 - Retirement of Members in the Nassau County Police Department.

§  385.  Retirement of members in the Nassau county police department. 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." Nassau county.   2. "Department." The county police department.   3.  "Total service in such department." Service in the department, the police department or  police  force  of  any  town,  village  or  police district  in  the  county, in the office of the sheriff of Nassau county prior to April sixteen, nineteen hundred twenty-five, as a  Long  Island state  park  patrolman,  or in the division of state police in the state executive department.   b. Any member in the department, including the commissioner of police, who  so  elected,  on  or  before  January   first,   nineteen   hundred forty-eight,  to  contribute  to the New York state and local employees' retirement  system  pursuant  to  the  provisions  of   former   section eighty-five  of  this  chapter  in effect prior to April first, nineteen hundred sixty-seven, 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  such department, or   2. Attainment of age sixty in the service of such department if  prior thereto, on  an  allowance  of  one-fiftieth of his final average salary for each year of total service in such department not in  excess  of  twenty-five years, provided such election was in writing and duly executed and filed with the comptroller.   c.  Every employee who entered or re-entered service in the department on or after May sixth, nineteen hundred forty-six,  and  before  January first,  nineteen  hundred  forty-eight,  shall  contribute  on the basis provided for by  this  section.  Employees  who  entered  or  re-entered service  in  the department on and after January first, nineteen hundred forty-eight but prior to January first, nineteen hundred sixty-six:   1. As members of the  police  force  shall  contribute  on  the  basis provided for by this section.   2. Other than as members of the police force, shall not be eligible to the benefits of this section.   d.  Subject to the provisions of subdivisions b and c of this section, every employee in the service of such department who is not a member  of the  police  and fire retirement system may elect to become a member. He or she thereupon shall contribute to  the  police  and  fire  retirement system  under the provisions of this section and be entitled to benefits as provided in this section. No such employee, however, shall  be  given credit  for  service  rendered  prior  to  May  sixth,  nineteen hundred forty-six, unless he or she became a member of the New  York  state  and local  employees' retirement system on or before January first, nineteen hundred forty-eight and has subsequently become a member of  the  police and fire retirement system. Any such employee who became a member of the New  York  state  and  local  employees' retirement system, on or before January first, nineteen hundred forty-eight, and has subsequently become a member of the police and fire retirement system shall be  entitled  to credit  for  past service in the department as if he or she had become a member when first  eligible.  Such  employee,  however,  shall  pay  the contributions he or she would have made prior to such date had he or she been  a  member  during  such  service. The amount of such contributions shall be paid in a lump sum or in such installments as  the  comptroller shall  approve.  In  lieu  of  such  payment, however, such employee may receive on retirement the benefit otherwise provided  by  this  section,  less  such  annuity  as  is  the  actuarial  equivalent  of  such unpaid contributions.   e.  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 esrvice as a member rendered after May sixth,  nineteen  hundred forty-six,  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.   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 department, 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 the department, 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  such  department prior  to  May  sixth, nineteen hundred forty-six. 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  May  sixth,  nineteen  hundred forty-six, shall be limited so that the total service in such department used  as  a  basis  for  pension  credit  under  this paragraph four and paragraph three of this  subdivision  f  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, two and three of this subdivision f to one-half of the final average salary, plus    5. An additional pension equal  to  the  pension  for  any  creditable service  rendered  while  not  an employee of the department 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 of service in  the department 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 the department.   6. In the event a member shall continue in service  after  twenty-five years of total creditable service in the department there shall be added to  his pension upon retirement a sum equal to one-sixtieth of his final average salary for each  completed  additional  year  of  service  after twenty-five years.   7.  An  additional  pension,  if  required, of such amount as shall be necessary to increase the total  amount  of  the  benefits  provided  by paragraphs  one,  two,  three,  four  and five of this subdivision f, to one-half of his final average  salary.  The  pension  provided  by  this paragraph  shall  be payable only if a member retires from service prior to attaining age fifty-nine, provided, however, that in the case of  any member  who  has  attained  the age of fifty-nine on or before September first, nineteen hundred sixty-eight, to be eligible for  the  additional pension  provided by this paragraph, his service shall be terminated and he shall be retired on or before December thirty-first, nineteen hundred sixty-eight. For the  purpose  of  determining  the  amount  of  pension provided in this paragraph, the annuity shall be computed as it would be if  it  were  not reduced by the actuarial equivalent of any outstanding loan 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 increased pensions to members of the department, as provided by this  section,  shall  be paid from additional contributions made by the county 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.  Upon   approval   by   the   comptroller,   such   additional contributions  shall  be certified by him or her to the county executive of the county. The amount  thereof  shall  be  included  in  the  annual appropriation of the county for county police. Such amount shall be paid on  the  warrant  of  the county comptroller to the pension accumulation fund of the police and fire retirement system. Every member entering  or re-entering  the  department  on  and  after May sixth, nineteen hundred forty-six, shall retire on the first day  of  the  calendar  month  next succeeding his or her attainment of age fifty-nine.   h. In computing the twenty-five years of completed service of a member in  the  department, 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  dischargd 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 call of the president for Mexican border service.   i.  Upon  retirement  of  any  member  pursuant  to  this section, any additional amounts credited to  the  member's  annuity  savings  account pursuant  to  subdivision  b  of  section  three  hundred thirty of this article shall be treated as excess contributions and shall  be  used  to provide  an  annuity  in  addition  to  the  annuity  prescribed by this section. Any other amounts credited  to  the  member's  annuity  savings account,  except  the  amounts contributed or required to be contributed under this section and except such amounts as are  required  to  produce the  retirement allowance provided by subdivision f of this section, may at the option of the member at the time of retirement  be  withdrawn  or used to provide an annuity in addition to the annuity prescribed by this section.   j. The provisions of this section shall be controlling notwithstanding any provision in this article to the contrary.