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 › 383 - Retirement of Members in Regional State Park Police Service.

§ 383. Retirement of members in regional state park police service. a.
As  used  in  this section the term "regional state park police service"
shall mean service in full time police duty as a park patrolman, officer
or member of any police force of a regional state park commission.
b. Any member of the police and fire  retirement  system  in  regional
state park police service may elect to contribute to the police and fire
retirement system on the basis of retirement upon his or her
1.  Completion of twenty-five years of total service in regional state
park police service, or
2. Attainment of age sixty in regional state park police  service,  if
prior thereto,
on  an  allowance  of  one-fiftieth of his final average salary for each
year of total service in regional state  park  police  service,  not  in
excess of twenty-five years. Such election shall be in writing and shall
be duly executed and filed with the comptroller.
c.  Every  employee entering or re-entering regional state park police
service on or after  April  first,  nineteen  hundred  forty-nine  shall
contribute on the basis provided for by 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 after April first, nineteen hundred forty-nine 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 three hundred
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 three hundred 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. 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 in regional state park
police service, or upon the  attainment  of  age  sixty,  by  filing  an
application  therefor  in  a  manner similar to that provided in section
three hundred seventy of this article. He  thereupon  shall  receive  on
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
2.  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
3. 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 total service in
regional state park police service, and
(c) Toward which he and  his  employer  have  contributed  under  this
section, plus
4.  An additional pension of one-fiftieth of his final average salary,
multiplied by the number of years of total  service  in  regional  state
park  police  service prior to April first, nineteen hundred forty-nine.
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  rendered  prior  to  April  first,  nineteen  hundred
forty-nine, shall be limited so that the total service in regional state
park  police  service  used  as  a  basis  for pension credit under this
paragraph four and paragraph three  of  this  subdivision  e  shall  not
exceed twenty-five years, and
(b)  The  amount  of  the  additional pension payable pursuant to this
paragraph four shall not exceed the amount needed to increase the  total
amount  of  the benefits provided under paragraphs one and three of this
subdivision e to one-half of the final average salary, plus
5. An additional pension equal  to  the  pension  for  any  creditable
service  rendered  while  not  employed  in  regional  state park police
service 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 in regional  state
park police service 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  regional  state  park
police service.
f.  The increased pensions to any member in regional state park police
service, as provided by this section,  shall  be  paid  from  additional
contributions  made by the state 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, and  upon  approval  by  the  comptroller,  the
additional contributions shall be certified by the comptroller and shall
be included in the annual appropriation to the pension accumulation fund
of  the  police  and  fire  retirement  system in the manner provided in
section three hundred sixteen of this article.
g. In computing the twenty-five years of completed service in regional
state park police service 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 the
regional state park police service or a member of the division of  state
police in the executive 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
this state at the time of their entry into the military service  of  the
United  States,  and the service of members of the national guard in the
military service of the United States of America pursuant to the call of
the president for Mexican border service.
h. Service in the division  of  the  state  police  in  the  executive
department  shall be considered allowable service in regional state park
police service, for the purposes of  this  section,  provided  that  the
member  pays  or  has  paid  the  required  contributions  and provided,
further, that in the case of employees entering or re-entering  regional

state  park  police  service  on  or  after July first, nineteen hundred
fifty-four, only credit for service as a member or officer of the  state
police  (including  service  granted  pursuant  to subdivision g of this
section and credited as state police service) shall be so allowable.
i. The provisions of this section shall be controlling notwithstanding
any provision of this article to the contrary.
j.  Notwithstanding  any  provision  of  subdivision b, c 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 three hundred seventy-five-h of this  article.
Such election shall be duly executed and filed with the comptroller.