2023 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 › 381-B - Retirement of Members or Officers of the State Police; Twenty Year Retirement Plan.

§ 381-b. Retirement of members or officers of the state police; twenty
year  retirement plan.   * a. Membership. Every member or officer of the
division of state police in  the  executive  department  who  enters  or
re-enters  service  in  the  division  on or after April first, nineteen
hundred sixty-nine, and every investigator or sworn officer employed  by
the   commission  created  by  section  six  of  chapter  eight  hundred
eighty-two of the laws of nineteen hundred fifty-three, constituting the
waterfront commission act, as amended,  on  or  after  July  first,  two
thousand  twenty-three,  shall  be  covered  by  the  provisions of this
section, and every member or officer of the division of state police  in
the  executive  department  in such service on such date may elect to be
covered by the provisions of this section by filing an election therefor
with the comptroller on or before March thirty-first,  nineteen  hundred
seventy-two.  To  be  effective, such election must be duly executed and
acknowledged on a form prepared by the comptroller for that purpose.
* NB Effective until June 30, 2024
* a. Membership. Every member or officer  of  the  division  of  state
police  in  the  executive department who enters or re-enters service in
the division on or after April first, nineteen hundred  sixty-nine,  and
every  investigator  or sworn officer employed by the commission created
by section six of chapter  eight  hundred  eighty-two  of  the  laws  of
nineteen  hundred  fifty-three,  constituting  the waterfront commission
act, as amended, on or after July first, two thousand twenty-three,  and
every  investigator or sworn officer employed by the New York Waterfront
Commission  in  the  executive  department  shall  be  covered  by   the
provisions  of this section, and every member or officer of the division
of state police in the executive department in such service on such date
may elect to be covered by the provisions of this section by  filing  an
election  therefor with the comptroller on or before March thirty-first,
nineteen hundred seventy-two. To be effective,  such  election  must  be
duly executed and acknowledged on a form prepared by the comptroller for
that purpose.
* NB Effective June 30, 2024
b.  Retirement  allowance. A member, covered by the provisions of this
section at the time of retirement, shall  be  entitled  to  retire  upon
completion of twenty years of total creditable service in such division,
and  shall  retire  upon  the attainment of the mandatory retirement age
prescribed by this section, by  filing  an  application  therefor  in  a
manner similar to that provided in section three hundred 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 for such years of service as provided in paragraph four
of  this  subdivision,  shall  be  sufficient  to  provide  him  with  a
retirement allowance of one-half of his final average salary.
(2) Upon completion of more than twenty years of such service and upon
retirement,  each such member shall receive, for each year of service in
excess of twenty, an additional pension which, together with an  annuity
for  each  such  year as provided in paragraph four of this subdivision,
shall be equal to one-sixtieth of his final  average  salary,  provided,
however,  that  the  pension  payable pursuant to this section shall not
exceed three-quarters of final average salary.
(3) Upon attainment of the mandatory retirement age without completion
of twenty years of such  service,  each  such  member  shall  receive  a
pension  which,  together  with  an annuity for such years of service as
provided in paragraph four  of  this  subdivision,  shall  be  equal  to
one-fortieth  of  his  final  average salary for each year of creditable
service in such division. Every such member shall also be entitled to an

additional pension equal to  the  pension  for  any  creditable  service
rendered  while  not  an  employee  of  the  division  as provided under
paragraphs three and four of subdivision  a  of  section  three  hundred
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)  The  annuity provided under paragraphs one, two and three of this
subdivision  shall  be  the  actuarial  equivalent,  at  the   time   of
retirement,  of  the  member's  accumulated contributions based upon the
rate of contribution fixed under the  provisions  of  subdivision  c  of
section three hundred eighty-one-a of this article and upon the salaries
earned  while  in  such service rendered after April sixteenth, nineteen
hundred thirty-eight and prior to April first, nineteen  hundred  sixty.
Such  annuity shall be computed as it would be if it were not reduced by
the actuarial equivalent of any outstanding loan nor by  reason  of  the
member's  election  to  decrease  his contributions toward retirement in
order to apply the resulting amount toward payment of contributions  for
old  age  and  survivor's  insurance.  Any  accumulated contributions in
excess of the amount required to provide the annuity  computed  pursuant
to  this  paragraph  shall  be  used to increase the member's retirement
allowance.
(5)  Notwithstanding  the  provisions  of  this  subdivision,  members
transferred to the division of state police pursuant to a chapter of the
laws  of  nineteen  hundred  ninety-seven, upon retirement shall receive
either the allowances provided by this  subdivision  or  those  provided
under  the  retirement  system  to which they participated prior to such
transfer whichever allowance shall be the higher.
c. Credit for  previous  police  service.
(1)  Police  service.  In
computing  the  years of total creditable service in such division, full
credit shall be given and full allowance shall be made:
(i) for service rendered as a police officer or  member  of  a  police
force  or  department  of  a  state  park  authority or commission or an
organized police force or department of a county, city,  town,  village,
police  district, authority or other participating employer or member of
the capital police force in the  office  of  general  services  while  a
member  of  the  New  York  state  and  local police and fire retirement
system, of the New York state and local employees' retirement system  or
of the New York city police pension fund;
* (ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, and for service rendered as an
investigator-trainee  of  the  waterfront  commission of New York harbor
that was  creditable  under  subdivision  w  of  section  three  hundred
eighty-four-d of this article; and
* NB Effective until June 30, 2024
* (ii) for service rendered as an investigator or sworn officer of the
waterfront  commission  of  New  York harbor, for service rendered as an
investigator or sworn officer of the New York Waterfront Commission, for
service rendered as an investigator-trainee of the waterfront commission
of New York harbor, and for service rendered as an  investigator-trainee
of  the  New  York  Waterfront  Commission,  that  was  creditable under
subdivision w of section three hundred eighty-four-d  of  this  article;
and
* NB Effective June 30, 2024
(iii)  for  all  service for which full credit has been given and full
allowance made pursuant to  the  provisions  of  section  three  hundred
seventy-five-h  of  this  chapter  provided,  however,  that full credit
pursuant to the provisions of such section shall mean only such  service
as  would  be  creditable  service pursuant to the provisions of section
three hundred eighty-three or section three  hundred  eighty-three-a  or

three   hundred   eighty-three-b   enacted   by   chapter   six  hundred
seventy-seven of the laws of nineteen hundred eighty-six of this chapter
or pursuant to the provisions of title thirteen  of  the  administrative
code  of  the  city  of New York for any member contributing pursuant to
this section who transferred to the division of state police.
(2) State university police officer service. Upon completion  of  more
than  twenty years of service, and upon retirement, each such member who
was previously credited with service credit in the New  York  state  and
local  employees'  retirement  system  or  the  New York state and local
police and fire retirement system as an officer appointed by  the  state
university  pursuant  to paragraph l of subdivision two of section three
hundred fifty-five  of  the  education  law  and  who  has  successfully
completed  a  course  of  law  enforcement  training as provided in such
section of the education law or for any such officer who retires on  and
after   January  first,  two  thousand  eighteen  who  has  successfully
completed such course of law enforcement training within  two  years  of
his  or  her  date  of  appointment  shall receive for each such year of
previous service, up to a  total  of  no  greater  than  five  years  of
previous service, additional service credit equal to one-sixtieth of his
or her final average salary.
d.  Retirement  for  cause.  Upon  receipt  of  a  certificate  of the
superintendent  of  state  police,  pursuant  to  section  two   hundred
twenty-nine  of  the executive law, a member who has accrued twenty-five
or more years of service credit under this section shall be  retired  on
the  first  day  of  the  second  month  next  succeeding  the date such
certificate was filed with the comptroller.
e. Mandatory retirement. A member subject to the  provisions  of  this
section  shall  be retired on December thirty-first of the year in which
he or she attains sixty years of age.
Notwithstanding the foregoing, any member in service in  the  division
on  August  fifteenth,  two  thousand  seven,  and  who on that date was
entitled to receive retirement  benefits  on  the  thirty-first  day  of
December  in  the  year in which he or she attained fifty-seven years of
age as provided in paragraph three of subdivision b of this section, may
elect to retain such entitlement, provided the member remains in service
on the thirtieth day of December in the year in which he or she  attains
fifty-seven  years  of age. The provisions of this subdivision shall not
apply to the superintendent.
f. Credit for military  service.  In  computing  the  years  of  total
creditable  service in the division of state police 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 police service as defined in subdivision eleven of section
three hundred two of this article.
g.  Transfer of membership to employees' retirement system. Any member
currently  enrolled  pursuant  to  this  section  and   who   previously
transferred  service credit from the New York state and local employees'
retirement system to the New  York  state  and  local  police  and  fire
retirement  system,  may  elect  to transfer such previously transferred
service  credit  back  to  the  New  York  state  and  local  employees'
retirement   system,   and   such   member  shall  have  the  option  to
retroactively transfer  his  or  her  membership  into  such  employees'
retirement system.