NY Ret & SS L § 387 (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 - Retirement of Members in the Suffolk County Police Force.

§ 387. Retirement of members in the Suffolk county police force. 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. "Department." Suffolk county police department.   3. "Service in such department." 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 constable 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 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.  Any  member  in  service  in  such   department,   including   the commissioner  of  police,  on January first, nineteen hundred sixty, who elected, on or before July first, nineteen hundred sixty, to  contribute to  the  New  York  state  employees'  retirement system pursuant to the provisions of former section eighty-seven 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 service in such department, or   2.  Attainment  of  age  sixty  in service in such department if prior thereto, on an allowance of one-fiftieth of his final average salary for each year of 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.  On  or  after  January  first,  nineteen  hundred sixty, employees entering or re-entering service in such department:   1. As members of the  police  force,  including  the  commissioner  of police  or  deputy commissioner of police, 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.  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  on  and  after  January  first, nineteen  hundred  sixty, and prior to the attainment of the age when he shall first become eligible for retirement.  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  creditable  service  in  such department or upon attainment of age sixty, if prior  thereto,  by  filing  an  application therefor  in  a manner similar to that provided in section three hundred seventy of this article. He thereupon shall receive, upon 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    1-a.  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   2. 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 service in such department, and  (c) Toward which he and  his  employer  have  contributed  under  this section, plus   3.  An additional pension of one-fiftieth of his final average salary, multiplied by the number of years of service in such department prior to January first, nineteen hundred sixty. 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  shall  be  limited  so  that  the  service  in such department used as a basis for pension credit under this paragraph three and paragraph two of this subdivision e  shall  not  exceed  twenty-five years, and  (b)  The  amount  of  the  additional pension payable pursuant to this paragraph three shall not exceed the amount needed to increase the total of  the  benefits  provided  under  paragraphs  one  and  two  of   this subdivision e to one-half of the final average salary, plus   4.  An  additional  pension  equal  to  the pension for any creditable service rendered while not an employee of such  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 such 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 such department.   f. The increased pensions to members of such 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 the Suffolk  county  police  department. Such  amount  shall  be  paid  on  the warrant of the comptroller of the county  to  the  pension  accumulation  fund  of  the  police  and  fire retirement system.   g.  In  computing  the  twenty-five years of completed service in such department, 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 service in such 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 the state at  the  time of their entry into military service of the United States.   h.  Upon  retirement  of  any  member  pursuant  to  this section, any additional amounts credited to  the  member's  annuity  savings  account purusant  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 e 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.   i.  A  member  who  elected or is required to contribute in accordance with this section, who does not apply for retirement upon completion  of twenty-five  years  of service in such department, may, at the option of the commissioner of police of Suffolk county, be separated from  service at any time subsequent to the completion of twenty-five years of service in such department.   j. The provisions of this section shall be controlling notwithstanding any provisions in this article to the contrary.