2023 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 - Retirement of Members in the Uniformed Personnel in Institutions Under the Jurisdiction of the Department of Corrections and Community Supervision or Who Are Security Hospital Treatment Assistants; New Plan.

§ 89. Retirement of members in the uniformed personnel in institutions
under  the  jurisdiction  of the department of corrections and community
supervision or who are security hospital treatment assistants; new plan.
a. Any member in the  uniformed  personnel  in  institutions  under  the
jurisdiction of the department of corrections and community supervision,
as  hereinafter defined, who enters or re-enters service on or after the
effective date of this section, or who is a security hospital  treatment
assistant  who enters or reenters service on or after the effective date
of the amendment permitting security hospital treatment assistants to be
covered by this section, shall contribute on the basis provided  for  by
this section.
b.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as hereinafter defined, who entered such service prior to the  effective
date of this section may, on or before September first, nineteen hundred
sixty-six,  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.
c.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as hereinafter defined, who entered such service prior to the  effective
date  of this section, may, on or before December thirty-first, nineteen
hundred sixty-six, 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. Any such member who has made an  election  as  set
forth  herein  on  or  before  December  thirty-first,  nineteen hundred
sixty-five, shall be permitted to withdraw the same and in  like  manner
make a new election on or before December thirty-first, nineteen hundred
sixty-six.
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 twenty-one of this article, a proportion of his
or her compensation similarly determined. Such latter  proportion  shall
be  computed  to  provide  at the time when he or she shall first become
eligible for retirement under this section, an annuity equal to  one-one
hundredth of his or her final average salary for each year of service as
a  member  rendered  after  May  first, nineteen hundred sixty-five, and
prior to the attainment of the age when he or  she  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 his or her employer
contributes       pursuant       to       such       section      toward
pensions-providing-for-increased-take-home pay. 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 total creditable service as defined in subdivision
i of this section, or upon the attainment of age  sixty,  by  filing  an
application  therefor  in  a  manner similar to that provided in section
seventy  of  this  article.  He  or  she  thereupon  shall  receive,  on
retirement a retirement allowance consisting of:
1.  An  annuity, which shall be the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement, plus,
2. A pension which, together with such annuity and a pension which  is
the  actuarial equivalent of the reserves for-increased-take-home pay to
which he or she may then be entitled, if any, shall  equal  one-fiftieth
of  his  or her final average salary for each year of creditable service

in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision or for each year  of
creditable  service as a security hospital treatment assistant under the
jurisdiction  of  the  office  of mental health, as hereinafter defined.
This pension shall not exceed the amount needed to make the total amount
of  the  benefits  provided  under  paragraphs  one  and  two  of   this
subdivision e equal to one-half of his or her final average salary.
3.  An  additional  pension  equal  to  the pension for any creditable
service rendered while not in the uniformed  personnel  in  institutions
under  the  jurisdiction  of the department of corrections and community
supervision and rendered  while  not  serving  as  a  security  hospital
treatment  assistant  under  the  jurisdiction  of  the office of mental
health, as hereinafter defined, as provided  under  paragraphs  two  and
three  of  subdivision  a  of section 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 for
which he receives credits under this article, and
(b) Not increase the total allowance to more than one-half of  his  or
her final average salary.
For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
(aa)  if  not  reduced  by the actuarial equivalent of any outstanding
loan, and
(bb) if not increased by the actuarial equivalent  of  any  additional
contributions, and
(cc) if not reduced by reason of the member's election to decrease his
or  her 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.
f. The increased pensions to members of  the  uniformed  personnel  in
institutions under the jurisdiction of the department of corrections and
community  supervision or to members who are security hospital treatment
assistants under the jurisdiction of the office  of  mental  health,  as
provided  by  this  section, shall be paid from additional contributions
made by the state  on  account  of  such  member.  The  actuary  of  the
retirement  system  shall  compute  the  additional contribution of 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.
g. In computing the twenty-five years of completed service of a member
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision or of a  member  who
is a security hospital treatment assistant under the jurisdiction of the
office  of  mental  health, as hereinafter defined, full credit shall be
given and full allowance shall be made for service of such member in war
after world war 1 as defined in section two of  this  chapter,  provided
such member at the time of his or her entrance into the armed forces was
in state service.
h. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
i.  As  used  in  this  section,  "uniformed  persons"  or  "uniformed
personnel" in institutions under the jurisdiction of the  department  of
corrections  and  community  supervision or "security hospital treatment
assistants" under the jurisdiction of the office of mental  health  mean
officers  or  employees  holding  the  titles  hereinafter  set forth in
institutions under the jurisdiction of the department of corrections and

community supervision or under the jurisdiction of the office of  mental
health,   namely:   correction   officers,   prison  guards,  correction
sergeants, correction lieutenants, correction captains, deputy assistant
superintendent  or  warden,  deputy  warden  or  deputy  superintendent,
superintendents  and  wardens,  assistant  director  and   director   of
correction reception center, director of correctional program, assistant
director  of  correctional  program,  director of community correctional
center, community correctional  center  assistant,  correction  hospital
officers,   male   or   female,  correction  hospital  senior  officers,
correction hospital  charge  officer,  correction  hospital  supervising
officer,  correction  hospital  security supervisor, correction hospital
chief officer, correction youth  camp  officer,  correction  youth  camp
supervisor,  assistant  supervisor,  correctional  camp  superintendent,
assistant  correctional  camp   superintendent,   director   of   crisis
intervention  unit,  assistant  director  of  crisis  intervention unit,
security hospital  treatment  assistants,  security  hospital  treatment
assistants   (Spanish  speaking),  security  hospital  senior  treatment
assistants,  security  hospital  supervising  treatment  assistants  and
security  hospital treatment chiefs. Previous service rendered under the
titles by which such positions were  formerly  designated  and  previous
service  rendered  as  a  narcotic  addiction control commission officer
shall constitute creditable service. Notwithstanding  any  provision  of
law  to  the contrary, any employee of the department of corrections and
community supervision who became enrolled under this section  by  reason
of  employment  as  a  uniformed  person  in  an  institution  under the
jurisdiction of the department of corrections and community  supervision
shall  be  entitled  to  full  retirement credit for, and full allowance
shall be made under this section for the service of such  employee,  not
to  exceed  twelve  years,  while  assigned  to  the training academy or
central office, in the following  titles,  namely:  correction  officer,
correction   sergeant,   correction   lieutenant,   correction  captain,
correctional  services  investigator,   senior   correctional   services
employee   investigator,   correctional   services   fire   and   safety
coordinator, director of special  housing  and  incarcerated  individual
disciplinary   program,   assistant  director  of  special  housing  and
incarcerated  individual  disciplinary  program,  assistant   chief   of
investigations,  director  of  CERT  operations,  correctional  facility
operations  specialist,   director   of   security   staffing   project,
correctional   security   technical   services   specialist,   assistant
commissioner and deputy commissioner.
j. Notwithstanding any provisions of subdivision a, b  or  i  of  this
section  to  the contrary, a member who is in the collective negotiating
unit designated as the security services unit and  established  pursuant
to  article  fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come  under
the  provisions of section seventy-five-h of this article. Such election
shall be duly executed and filed with the comptroller.
k. Any member who, on or before the effective date of this  provision,
is a security hospital treatment assistant under the jurisdiction of the
office of mental health may, by filing an election within one year after
the  effective  date  of  this  provision,  elect  to  be subject to the
provisions of this section. Such election shall be in writing, shall  be
duly executed and filed with the comptroller and shall be irrevocable.