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-W - Optional Twenty-Five Year Retirement Plan for County Fire Marshals in the County of Nassau.

§  89-w.  Optional  twenty-five  year  retirement plan for county fire
  marshals in the county of Nassau.  a. A member who serves  as  a  county
  fire  marshal,  supervising  fire  marshal, fire marshal, assistant fire
  marshal, assistant chief fire marshal, chief fire  marshal  or  division
  supervising  fire  marshal and is employed by the county of Nassau shall
  be eligible to retire pursuant to the provisions of this  section.  Such
  eligibility  shall  be  an  alternative  to  the  eligibility provisions
  available under any other plan of this article to which such  member  is
  subject.  The  county executive of the county of Nassau shall certify to
  the comptroller, periodically and at such intervals of time  as  may  be
  required  of  him  or  her and in such fashion as may be prescribed, the
  identity of the eligible county fire marshal, supervising fire marshals,
  fire marshals, assistant fire marshals, assistant chief  fire  marshals,
  chief fire marshals and division supervising fire marshals in his or her
  employ.
b.  Such  member  shall  be  entitled to retire upon the completion of
  twenty-five years of total creditable service by filing  an  application
  therefor in the manner provided for in section seventy of this article.
c.  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 or her
  accumulated contributions at the time of his or her  retirement  and  an
  additional   pension   which   is   the   actuarial  equivalent  of  the
  reserved-for-increased-take-home-pay to which he  or  she  may  then  be
  entitled  shall  be  sufficient  to provide him or her with a retirement
  allowance equal to one-half of his or her final average salary.
d. As used in this section "creditable service" shall include any  and
  all  services  performed  as  a  county  fire  marshal, supervising fire
  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
  marshal or chief fire marshal employed by the county of Nassau.
e. 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 shall also be deemed to be creditable
  service and shall be included in computing years of  total  service  for
  retirement pursuant to this section.
f.  A  member contributing on the basis of this section at the time of
  retirement, may retire after the  completion  of  twenty-five  years  of
  total  creditable service. Application therefor may be filed in a manner
  similar to that provided  in  section  seventy  of  this  article.  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  or  her  accumulated
  contributions  at  the  time  of his or her retirement and an additional
  pension    which    is    the    actuarial     equivalent     of     the
  reserved-for-increased-take-home-pay  to  which  he  or  she may then be
  entitled shall be sufficient to provide him or  her  with  a  retirement
  allowance  equal  to  one-half  of  his or her final average salary; for
  service beyond twenty-five years and for non-fire marshal county service
  the benefit is increased by one-sixtieth of  final  average  salary  for
  each year of additional service credit.
g.  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 armed forces was in  the  service  of  the
  county.
h. Nothing in this section shall be construed to prevent a member, who
  does  not  retire  pursuant  to  the  provisions  of  this section, from
  utilizing service which is creditable service pursuant to the provisions
  of this section for service credit pursuant to  the  provisions  of  any
  other plan of this article to which such member is subject.
i. The provisions of this section shall be controlling notwithstanding
  any other provision in this article to the contrary.
j.  Notwithstanding  any  provision  of  this  section or of any other
  provision of law to the contrary, county fire marshals, supervising fire
  marshals, fire marshals, assistant fire marshals, assistant  chief  fire
  marshals,  chief  fire  marshals  and division supervising fire marshals
  must serve five years within the Nassau county fire  marshal  department
  after  the  effective  date  of this section before they are eligible to
  retire under the provisions of the twenty-five year retirement plan.