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-A - Optional Retirement of Sheriffs, Under-Sheriffs and Regular Deputy Sheriffs.

§  89-a.  Optional  retirement of sheriffs, under-sheriffs and regular
deputy sheriffs. (a) Any member who is a sheriff or under-sheriff, or  a
regular deputy sheriff in any county who is engaged directly in criminal
law  enforcement  activities,  may elect to contribute to the retirement
system on the basis of retirement after the  completion  of  twenty-five
years  of  total creditable service, provided the member has reached age
flfty, or  upon  attainment  of  age  sixty-five,  on  an  allowance  of
one-fiftieth  of  his  final  average salary for each year of creditable
service not in  excess  of  twenty-five  years,  except  as  hereinafter
otherwise  provided. Such election shall be in writing and shall be duly
executed and filed  with  the  comptroller  on  or  before  July  first,
nineteen  hundred sixty-nine. 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
(b)  On  and  after the date this section takes effect, every sheriff,
under-sheriff and regular deputy sheriff entering or re-entering service
as such and within one year from the date  of  entry  or  re-entry,  and
regardless of age, may elect to contribute on the basis provided by this
section.  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.
(c) As used in this section "creditable service" shall include (1)  in
the  case  of a sheriff or under-sheriff, any and all services performed
as a sheriff and/or under-sheriff of  a  county  and  all  criminal  law
enforcement  services performed as a regular deputy sheriff of a county,
provided, however, that criminal law enforcement service shall  only  be
creditable  when it aggregates fifty percentum or more of his service as
a regular deputy sheriff and  (2)  in  the  case  of  a  regular  deputy
sheriff,  all  criminal  law enforcement services performed as a regular
deputy sheriff  of  a  county,  provided,  however,  that  criminal  law
enforcement  service  shall  only be creditable when it aggregates fifty
percentum or more of such service and any and all services performed  as
a sheriff and/or under-sheriff of a county.
(d)  Credit  for service as a member or officer of the state police or
as a paid firefighter, police officer or officer of any  organized  fire
department  or  police force or department of any county, city, village,
town, fire district or police district, or as a criminal investigator in
the office of  a  district  attorney,  provided  that  service  as  such
investigator  shall  have been rendered prior to January first, nineteen
hundred sixty and that credit therefor  shall  not  exceed  five  years,
shall  also  be deemed to be creditable service and shall be included in
computing years  of  total  service  for  retirement  pursuant  to  this
section,  provided  such  service  was  performed  by  the  member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
(e) A sheriff shall certify to the comptroller,  periodically  and  at
such  intervals of time as may be required of him and in such fashion as
may be prescribed, the identity of the regular deputy  sheriffs  in  his
employ who are engaged directly in criminal law enforcement activities.
(f)  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  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
creditable  service  and as a member rendered after this section becomes
effective 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  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. No such member shall  be
required  to  make  contributions  after completing twenty-five years of
such service.
(g) A member, excepting a sheriff, contributing on the basis  of  this
section  at  the  time  of retirement, shall retire either (a) after the
completion of twenty-five years of total creditable service, provided he
has reached age fifty, or (b) upon the  attainment  of  age  sixty-five.
Application  therefor  may be filed in a manner similar to that provided
in section seventy of this article.
(1) Upon completion of twenty-five 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  age  sixty-five and upon retirement without
completion of twenty-five 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-fiftieth of his final  average  salary  for  each  year  of
creditable  service  in  a sheriff's department. 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  a sheriff's
department as provided under paragraphs three and four of subdivision  a
of  section  seventy-five of this article. This latter pension shall not
increase the total allowance to more than one-half of his final  average
salary.
For the purpose only 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, 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.
(h) The entire additional cost for the increased pension  to  members,
as provided by this section, shall be paid by the members. The county by
which  the  members  are  employed  may, however, by appropriate action,
elect to assume and pay all or part of the additional cost. The  actuary
of  the  retirement system shall compute the extra contribution required
for each member who elects to  receive  the  special  benefits  provided
under  this  section.  Such  extra contribution 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  extra  contributions
shall  be certified by him to the appropriate boards of supervisors, and
such a board shall advise each  member  affected  the  amount  of  extra
contribution  attributable  to him. Where a county has elected to assume

and pay all or  part  of  the  additional  cost,  the  amount  of  extra
contributions  in  connection  therewith shall be included in the annual
appropriation of the county for the sheriff's department and such amount
shall  be  paid  on  the  warrant  of  the  comptroller  to  the pension
accumulation  fund  of  the  retirement  system.  The  remaining   extra
contributions,  if  any,  shall  be paid, in appropriate amounts, by the
member or members whose extra  contribution  was  not  included  in  the
annual  appropriation  of  the  county for the sheriff's department, and
payment is to be made to the retirement system in such  manner  as  said
system may prescribe.
(i)  In  computing  the twenty-five years of total service of a member
pursuant to this section full credit shall be given and  full  allowance
shall  be made for service of such member in time of war after world war
I as defined in section two of this chapter, provided such member at the
time of his entrance into the military service of the United States  was
then  a  resident  of  this  state  and  in  the  service  of a sheriffs
department and (1) had  been  honorably  discharged  or  released  under
honorable  circumstances  from  such  military  service,  or  (2)  has a
qualifying condition, as defined in section three hundred fifty  of  the
executive  law,  and  received  a  discharge  other  than bad conduct or
dishonorable from such service, or (3) is a discharged LGBT veteran,  as
defined  in  section  three  hundred  fifty  of  the  executive law, and
received a discharge other than bad conduct or  dishonorable  from  such
service,  and  such  member  returned  to  the  service  of  a  sheriffs
department within the time limited by section two of this chapter.
(j) Any 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  (g)  of  this section,
exclusive of any contributions made under the provisions of  subdivision
i  and/or  j of section twenty-one of this chapter, 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.
(k)   The   provisions   of   this   section   shall   be  controlling
notwithstanding any provision in this article to the contrary.