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-B*2 - Retirement of Members of the Capital Police Force in the Office of General Services.

* §  383-b.  Retirement  of members of the capital police force in the
office of general services.  a.  As  used  in  this  section,  the  term
"members  of the capital police force in the office of general services"
shall mean service in full time police duty as a sworn police officer of
the capital police force in the office of general services.
b. Notwithstanding any other provision of law providing for  transfers
between  retirement  systems,  any  sworn  police officer of the capital
police force in the office of general services who is a  member  of  the
New  York  state  and local employees' retirement system may transfer to
the New York state and local police and fire retirement system and shall
receive credit pursuant to and be entitled to  the  retirement  benefits
afforded  in  accordance  with  this section. Upon any such transfer the
member shall be entitled to the amount of service which would have  been
deemed creditable had such member been subject to such system during the
course  of  his  or  her membership within such system. Contributions to
such system shall be made in accordance with appropriate  provisions  of
law  relating thereto. Application for such transfer must be made to the
state comptroller on or before December thirty-first,  nineteen  hundred
eighty-six.  The provisions of section three hundred forty-three of this
article shall apply to any member making application for transfer  under
this subdivision.
c.  Any  member  of  the capital police force in the office of general
services who elects or is required  to  contribute  under  this  section
shall  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  the  capital
police force in the office of general services, or
2.  Attainment  of age sixty in the capital police force in the office
of general services, if prior thereto, on an allowance  of  one-fiftieth
of  his  final  average  salary  for  each  year of total service in the
capital police force in the office of general services not in excess  of
twenty-five  years.  Such election shall be in writing and shall be duly
executed and filed with the comptroller.
d. Every employee entering or re-entering the capital police force  in
the  office  of  general  services  on  or after January first, nineteen
hundred eighty-seven shall contribute on the basis provided for by  this
section.
e.  A  member  who  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 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.  No such member shall be
required to continue contributions after completing twenty-five years of
such service.
f. 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 such  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; and
2. A pension which, together with such annuity and a pension which  is
the  actuarial  equivalent of the reserve-for-increased-take-home-pay to
which he may then be entitled, if any shall equal  one-fiftieth  of  his
final  average  salary  for  each  year  of  creditable  service in such
division. This pension shall not exceed the amount needed  to  make  the
total  amount  of  the benefits provided under paragraphs one and two of
this subdivision equal to one-half of final average salary.
3. An additional pension equal  to  the  pension  for  any  creditable
service  rendered  while not employed in the capital police force in the
office of general services as provided under paragraphs two and three of
subdivision a of section three hundred  seventy-five  of  this  article.
This pension shall:
(i)  Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five years of  service  as  a
member of the capital police force in the office of general services for
which he receives credit under this article; and
(ii)  Not  increase  the  total  allowance  to more than he would have
received had his total service been rendered as a member of the  capital
police force in the office of general services.
For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
(A)  if  not  reduced  by  the actuarial equivalent of any outstanding
loan, and
(B) if not increased by the actuarial  equivalent  of  any  additional
contributions, and
(C)  if not reduced by reason of the member's election to decrease his
annuity contributions to the retirement systems 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 capital police force in
the office of general services, as provided by this  section,  shall  be
paid  from additional contributions made by the state on account of such
members.  The  actuary  of  the  retirement  system  shall  compute  the
additional contribution of 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 by the  comptroller,  such
additional  contributions  shall be certified by him to the commissioner
of the office of general services. The amount thereof shall be  included
in  the  annual  appropriation  of  the office of general services. Such
amount shall be paid on the warrant of the comptroller  to  the  pension
accumulation fund of the retirement system.
h. In computing the twenty-five years of completed service of a member
of  the  capital  police  force  in the office of general services, full
credit shall be given and full allowance shall be made  for  service  of
such  member  in time of war 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, marines  and  army  nurses,  who
were  actual  residents of the 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 or Mexican border service.
i. The provisions of this section shall be controlling notwithstanding
any provision of this article to the contrary.
j.  Notwithstanding  any  provision  of  subdivision d, e 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 eighty-seven, elect to come under
the provisions of section three hundred seventy-five-f of this  article.
Such election shall be duly executed and filed with the comptroller.
* NB There are 2 § 383-b's