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 › 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.