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-D - Optional Twenty Year Retirement Plan for Detective Investigators, Criminal Investigators, Senior Criminal Investigators, Confidential Criminal Investi

§   89-d.   Optional   twenty   year  retirement  plan  for  detective
investigators, criminal investigators,  senior  criminal  investigators,
confidential  criminal  investigators,  assistant criminal investigators
and criminal investigators/arson in the office of a district attorney in
counties which have elected to provide same. (a) Any  member  who  is  a
detective   investigator,   criminal   investigator,   senior   criminal
investigator, confidential  criminal  investigator,  assistant  criminal
investigator and criminal investigator/arson in the office of a district
attorney 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  years  of  total  creditable
service  pursuant  to  this  section  within  one  year after the county
wherein he is so engaged elects to make  the  benefits  provided  herein
available.  One  year  or more after the filing of an election, a member
may withdraw any such election by written notice duly  acknowledged  and
filed with the comptroller.
(b)  On and after a county elects to make the benefits provided herein
available, every detective investigator, criminal  investigator,  senior
criminal  investigator,  confidential  criminal  investigator, assistant
criminal investigator and criminal investigator/arson in the office of a
district attorney, entering or re-entering service as  such  and  within
one  year from the date of entry or re-entry, may elect to contribute to
the retirement system pursuant to 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) Elections shall be in writing and shall be duly executed and filed
with the comptroller.
(e) A member who elects or is required  to  contribute  in  accordance
with  subdivision  (a)  of 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-eightieth of his final average salary for each year
of creditable service and as a member rendered after the county  wherein
he  is  engaged  elected the provisions of this section 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 the county wherein he is engaged
contributes      pursuant      to       such       section       towards
pensions-providing-for-increased-take-home-pay.       Such      member's
contribution, reduced as aforesaid, shall also be appropriately  further
reduced  by  any multiple of twenty-five percentum of such contribution,
reduced as aforesaid, which the county wherein he is engaged has elected
to contribute on his behalf  in  lieu  of  such  member's  contributions
pursuant  to  this subdivision. No such member shall be required to make
contributions after completing twenty years of such service,  except  as
is provided in subdivision (m) of this section.
(f)  (1) A member then covered by the provisions of this section shall
be entitled to retire after the completion  of  twenty  years  of  total
creditable  service and shall retire upon attainment of age sixty-two by
filing an application therefor with the comptroller.
(2)  Upon  completion  of  twenty  years  of  such  service  and  upon
retirement,  each  such  member  shall receive a pension which, together
with an annuity which is the actuarial  equivalent  of  his  accumulated
contributions,  if any, 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, if
any,  shall  be  sufficient  to  provide him with a retirement allowance
equal to one-half of his final average salary.
(3)  Upon  attainment  of  the  mandatory  retirement age of sixty-two
years, and upon retirement without completion of twenty  years  of  such
service, each such member shall receive a pension which together with an
annuity   which   is   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  in  a district attorney's office.  Every such member shall also
be entitled to an additional pension for other service 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.
(4)  For  the  purpose  only  of determining the amount of the pension
provided in subdivisions (f) and (m) of this section, 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.
(g)  The entire additional cost for the increased pensions to members,
as provided by this section, shall be paid from additional contributions
made by the participating employer  on  account  of  such  members.  The
actuary   of   the   retirement  system  shall  compute  the  additional
contribution required for 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. Upon approval of the  comptroller,  such
additional contributions shall be certified by him to the fiscal officer
of  the  participating employer. The amount thereof shall be included in
the annual appropriation of the participating employer for its  district
attorney's office. Such amount shall be paid to the pension accumulation
fund of the retirement system.
(h)  As  used  in  this section "creditable service" shall include all
criminal law enforcement services performed as a detective investigator,
criminal  investigator,  senior  criminal   investigator,   confidential
criminal  investigator,  assistant  criminal  investigator  or  criminal
investigator/arson in the  office  of  a  district  attorney,  provided,
however,  that criminal law enforcement service shall only be creditable
when it aggregates fifty percentum or more of such service.
(i) 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 sheriff, undersheriff or
regular deputy sheriff or as a criminal investigator in the office of  a
district  attorney,  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  this
article or article eight of this chapter.
(j)  The  county  wherein  the  member  is engaged may, in its initial
action taken under this section or subsequent thereto, elect  to  assume
and  pay  all  or  part  of  the  additional  cost on account of service
rendered to the county prior to the effective date of such election and,
in  addition,  may  in  its  initial  action taken under this section or
subsequent thereto, elect to assume and  pay  all  or  any  multiple  of
twenty-five  per  centum  of  the  additional cost on account of service
rendered on and after the effective date of such  election.  The  county
shall  pay  the additional cost so assumed by any such election by means
of annual contributions which shall be determined by the actuary.
(k) A member contributing on the basis of this section at the time  of
retirement,  shall  be  retired  on December thirty-first of the year in
which he attains sixty-two years of age.  Application  therefor  may  be
filed  in  a  manner similar to that provided in section seventy of this
article.
(l) The benefits of this section shall  be  available  only  to  those
members  whose  employer  elects  to provide such benefits by adopting a
resolution to such effect and filing a certified copy thereof  with  the
comptroller.
(m)  Upon  completion  of twenty years of total creditable service and
upon retirement, each member  covered  by  the  plan  provided  by  this
section  shall receive, for each year of creditable service in excess of
twenty, but not more than  ten  such  years,  an  additional  retirement
allowance  equal  to  one-sixtieth  of his final average salary for each
such year of such service; provided, however, that this benefit shall be
available  only  after  the  county   employing   such   member   elects
specifically  to  provide  this  benefit.  Member contributions, if any,
shall be computed in a manner consistent with subdivision  (e)  of  this
section  so  as  to provide an annuity of one hundred twentieth of final
average salary for each such year of service and  employers  shall  have
the  further  option to reduce contributions in a manner similar to that
provided in said subdivision (e).
(n) Notwithstanding the provisions of article eleven of this  chapter,
a   detective   investigator,  criminal  investigator,  senior  criminal
investigator, confidential  criminal  investigator,  assistant  criminal
investigator  and  criminal investigator/arson in the office of district
attorney that otherwise qualifies for retirement under this section  may
retire  after  the  completion  of twenty years total creditable service
without regard to age with a retirement allowance equal to  one-half  of
such persons final average salary.
(o) The provisions of this section shall, subject to the provisions of
section  seventy-six of this article, apply to members who, on and after
June first, nineteen hundred eighty-three retire or separate  in  vested
status  from  service  with  a participating employer who has elected to
provide the benefits hereunder.