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 › 384 - Optional Retirement of Certain Police Officers and Firefighters.

§   384.   Optional   retirement   of   certain  police  officers  and
firefighters.  a. Any member of the police and  fire  retirement  system
who  is  an  officer  or  member  of  any  organized  fire department or
organized police force or police department of any county,  city,  town,
village,  fire  district,  police district or participating employer may
elect to contribute to the police and  fire  retirement  system  on  the
basis  of  retirement upon his or her completion of twenty-five years of
service as an officer or member of any such force or  department  on  an
allowance of:
1.  One-fiftieth  of  his  final average salary for each year of total
service as such officer or member, and
2. One-seventieth of his final average salary for each year  of  total
service  for  which  he  otherwise  shall be entitled to credit, but not
exceeding in the aggregate one-half of his final average salary.
b. Any officer or member of  such  an  organized  fire  department  or
organized  police  force  or  department  may elect to contribute to the
police and fire retirement system pursuant to this  section  within  one
year  after he or she becomes such an officer or member, or on or before
January first, nineteen hundred seventy, or within one year after his or
her employer assumed, or assumes in whole or  in  part,  the  additional
cost to the police and fire retirement system resulting from an election
pursuant to this section.
bb.  On  and  after  April  first,  nineteen  hundred sixty-seven only
firefighters, police officers or officers of such a fire  department  or
police  force  may elect to contribute to the police and fire retirement
system on the basis of retirement pursuant to this section  and,  as  to
members so electing, in addition to service in war after world war I, as
defined  in  section  three hundred two of this article, only credit for
service:
1. As such a firefighter, police officer or officer, or
2. As a member or officer of the state police, or
3. In the regional state park police service,  shall  be  included  in
computing  years  of  police  or fire service for retirement pursuant to
this section.
c. Elections made pursuant to this section shall  be  in  writing  and
shall  be  duly  acknowledged and filed with the comptroller. Any member
who files such an election pursuant to  this  section  may  withdraw  it
after  it has been filed for at least one year. Such withdrawal shall be
by written notice duly acknowledged  and  filed  with  the  comptroller.
After  such  withdrawal  such  member shall contribute to the police and
fire retirement system as otherwise provided in this article. Any member
who has contributed the entire additional cost to the  police  and  fire
retirement  system  resulting from an election pursuant to this section,
may withdraw such entire additional amount in the event that he  or  she
so withdraws such election.
d.  Contributions  for  additional  costs  of  elections to contribute
pursuant to this section shall be payable as follows:
1. Except as otherwise provided in this subdivision, a member electing
to contribute to the police and fire retirement system pursuant to  this
section  shall  pay  the  entire  additional cost to the police and fire
retirement system resulting from such election by means  of  a  rate  of
contribution.  Such  rate  shall be computed to provide, upon his or her
completion of twenty-five years of service as an officer  or  member  of
any  such  department  or force, the portion of the retirement allowance
for which he or she is required to provide  pursuant  to  this  section.
Such  rate  of  contribution  shall be determined in a manner similar to
that provided in section three hundred twenty-three of this article  and
subject  to  the  provisions  of paragraph four of this subdivision, the

contributions based thereon shall  be  paid  while  such  member  is  an
officer or member of any such department or force.
2.  The  member's employer, however, by appropriate action, may (a) in
its initial action under this  section,  elect  to  assume  all  of  the
additional  cost  on  account  of service as an officer or member of any
such department or force rendered prior to the effective  date  of  such
election and (b) in any subsequent action, as hereafter provided in this
paragraph,  elect  to  assume  all  of the additional cost on account of
service as an officer or member of any such other  prior  department  or
force  rendered  prior to the effective date of such subsequent election
and, in addition may in its initial action under this section, elect  to
assume any multiple of twenty-five per centum of such additional cost on
account  of such service for such current employer rendered on and after
the effective date of such initial  election.  Any  subsequent  election
changing  the percentage of additional cost assumed by an employer shall
apply only to service rendered  for  such  employer  on  and  after  the
effective  date  of such subsequent election. The employer shall pay the
additional cost so assumed by any  such  election  by  means  of  annual
contributions  which  shall be determined by the actuary and paid by the
employer in the same manner as the contributions required under  section
three  hundred  twenty-three  of this article. An employer, which in its
initial action elected to assume all of the additional cost  on  account
of service only as an officer or member of its police or fire department
rendered  prior to the effective date of such election may, on or before
April first, nineteen hundred sixty-nine, elect to  assume  all  of  the
additional   cost,   including  the  cost  of  the  necessary  actuarial
re-evaluation on account of service rendered prior to the effective date
of the initial action hereunder, as an officer or  member  of  any  such
organized fire department or organized police force or department of any
county,   city,  town,  village,  fire  district,  police  district,  or
participating employer other than such  employer.  Such  rate  shall  be
computed to provide the appropriate pension benefits under paragraph two
of subdivision e of this section.
3.  Where the employer elected or elects to assume fifty per centum of
the additional cost on account of service  rendered  on  and  after  the
effective  date  of  any  such  election,  the  member  shall thereafter
contribute at a rate computed by the actuary to provide, upon retirement
after twenty-five years of service as an officer or member of  any  such
department  or  force or upon the attainment of age sixty with less than
twenty-five years of such service, an annuity of  one-one  hundredth  of
final average salary for each year of such service rendered on and after
the  effective date of such election. If the employer assumed or assumes
a percentage other than fifty per  centum  of  the  additional  cost  on
account  of service rendered on and after the effective date of any such
election, the member's rate of contribution shall be modified so that it
is computed to provide the portion of the retirement allowance for which
he is required to provide.
Such member's rate of contribution  pursuant  to  this  subdivision  d
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.
4. No such member shall be required to  continue  contributions  after
completing twenty-five years of such service.
5.   For   actuarial   purposes   relative  to  rates  or  amounts  of
contributions to the funds of the police  and  fire  retirement  system,
service  of  a member making an election pursuant to this section shall,
as to his or her  service  and  status  subsequent  thereto,  be  deemed
continuous   and   constant.  If  the  continuity  of  such  service  be
interrupted or such status be changed, however, appropriate  changes  as
may  be necessary for actuarial purposes shall be made in such rates and
amounts.
e. Computation of retirement allowances pursuant to this section.
1. Computation of retirement allowance where member has elected to pay
the entire additional cost:
A member who has elected to contribute pursuant to  this  section  and
who  has  made  the  contributions  required  by  this  section shall be
entitled to retire on or after his completion of  twenty-five  years  of
service  as  an  officer  or  member of any such fire department, police
force or police department, or upon the attainment  of  age  sixty  with
less  than  twenty-five  years of such service, by filing an application
therefor in a manner similar to that provided in section  three  hundred
seventy  of this article. He thereupon shall receive, upon retirement, a
retirement allowance which  shall  not  exceed  one-half  of  his  final
average salary.  Such retirement allowance shall consist of:
(a)  An  annuity  which  shall  be  the  actuarial  equivalent  of his
accumulated contributions at the time of his retirement, and
(b)  A  pension   which   is   the   actuarial   equivalent   of   the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, and
(c)  A  pension  of  one-one hundredth of his final average salary for
each year  of  service  as  an  officer  or  member  of  any  such  fire
department, police force or police department, and
(d)  An  additional  pension  of one-one hundred fortieth of his final
average salary for each year of member service for  which  he  otherwise
shall  be  entitled  to credit and which was earned by him since he last
become a member, and
(e) If he has had one or  more  years  of  service  as  a  member,  an
additional  pension  which  shall  be equal to one-fiftieth of his final
average salary for each year of prior service as an officer or member of
any such fire  department,  police  force  or  police  department,  plus
one-seventieth  of  his  final  average  salary  for  each year of prior
service to which he otherwise shall be entitled to credit.
(f) Upon  completion  of  twenty-five  years  service,  an  additional
pension,  if  required, of such amount as shall be necessary to increase
the total amount of the benefits provided  herein  to  one-half  of  his
final  average  salary. The pension provided by this sub-paragraph shall
be payable only if a member retires from service on or before  the  last
day of the calendar month next succeeding the calendar month in which he
attains age sixty-two. Provided, however, that in the case of any member
who  attained  the  age  of  sixty-two on or before July first, nineteen
hundred sixty-six, to be eligible for additional  pension  credit  under
this  sub-paragraph, his service shall be terminated and he shall retire
on or before December thirty-first, nineteen  hundred  sixty-seven.  For
the  purpose  only  of determining the amount of the pension provided in
this paragraph, 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.
2.  Computation  of retirement allowance where employer has elected to
pay all or part of the additional cost:
A member who has elected to contribute pursuant to  this  section  and
who  has  made  the  contributions  required  by this section, and whose
employer has by appropriate action elected to pay all  or  part  of  the
additional  cost  of  the  benefits  provided  by this section, shall be
entitled to retire on or after his completion of  twenty-five  years  of
service  as  an  officer  or  member of any such fire department, police
force or police department, or upon the attainment  of  age  sixty  with
less  than  twenty-five  years of such service, by filing an application
therefor in a manner similar to that provided in section  three  hundred
seventy  of this article. He thereupon shall receive, upon retirement, a
retirement allowance which  shall  not  exceed  one-half  of  his  final
average salary.  Such retirement allowance shall consist of:
(a)  An  annuity  which  shall  be  the  actuarial  equivalent  of his
accumulated contributions at the time of his retirement, and
(b)   A   pension   which   the   actuarial    equivalent    of    the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, and
(c)  A pension for each year of service as an officer or member of any
such fire department, police force or police department, rendered on and
after the effective date of the employer's election under this  section,
computed  pursuant  to  the  one of the following four formulae which is
appropriate:
(1) If his employer elected to  pay  twenty-five  per  centum  of  the
additional  cost  on  account  of such service rendered on and after the
effective date  of  such  election,  such  pension  shall  be  six-seven
hundredths  (6/700)  of  his  final average salary for each year of such
service after such date, or
(2) If his employer elected to pay fifty per centum of the  additional
cost on account of such service rendered on and after the effective date
of such election, such pension shall be one-one hundredth (1/100) of his
final average salary for each year of such service after such date, or
(3)  If  his  employer  elected  to pay seventy-five per centum of the
additional cost on account of such service rendered  on  and  after  the
effective  date  of  such  election,  such  pension shall be eight-seven
hundredths (8/700) of his final average salary for  each  year  of  such
service after such date, or
(4)  If  his  employer  elected  to  pay one hundred per centum of the
additional cost on account of such service rendered  on  and  after  the
effective  date  of  such  election,  such  pension  shall be nine-seven
hundredths (9/700) of his final average salary for  each  year  of  such
service after such date, and
(d)  An  additional  pension  for  such  service,  exclusive  of prior
service, rendered before the effective date of  the  employer's  initial
election under this section, of one-fiftieth of his final average salary
for each year of such service, minus a sum equal to the annuity provided
out of the normal contributions, with accumulated interest thereon, made
by  the member during such period and minus a sum which is the actuarial
equivalent of  the  reduction  in  his  contributions  pursuant  to  the
provisions  of  section three hundred seventy-a of this article, if any,
during such period, with regular interest thereon, and
(e) An additional pension of one-one hundred  fortieth  of  his  final
average  salary  for  each year of member service for which he otherwise
shall be entitled to credit and which was earned by him  since  he  last
became a member, and
(f)  If  he  has  had  one  or  more  years of service as a member, an
additional pension which shall be equal to  one-fiftieth  of  his  final
average salary for each year of such service, which is credited as prior
service,  plus  one-seventieth of his final average salary for each year
of prior service for which he otherwise shall be entitled to credit.
(g)  Upon  completion  of  twenty-five  years  service,  an additional
pension, if required, of such amount as shall be necessary  to  increase
the  total  amount  of  the  benefits provided herein to one-half of his
final average salary. The pension provided by this  sub-paragraph  shall
be  payable  only if a member retires from service on or before the last
day of the calendar month next succeeding the calendar month in which he
attains age sixty-two. Provided, however, that in the case of any member
who attained the age of sixty-two before or within one month  after  his
employer  first  elected to assume all or part of the additional cost of
service as provided by paragraph two of subdivision d of  this  section,
to  be  eligible for additional pension credit under this sub-paragraph,
his service shall be terminated and he shall retire within three  months
after  his  employer  so  elects  or on or before December thirty-first,
nineteen hundred sixty-eight, whichever shall last occur.
For the purpose only of determining the amount of the pension provided
in this paragraph, 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 said reduction in
payment  of  his  contributions  for  old-age  and  survivors  insurance
coverage.
f.  In  the event a member shall continue in service after twenty-five
years of total creditable service, as defined in subdivision bb of  this
section, there shall be added to his pension upon retirement a sum equal
to   one-sixtieth  of  his  final  average  salary  for  each  completed
additional year of service after twenty-five years.
g. The increased pension provided for in subdivision f hereof shall be
conditioned upon the participating employer electing in a manner similar
to that provided in subdivision a of section  three  hundred  thirty  of
this  article  to provide this added benefit and assuming the additional
cost thereof on account of all  of  the  officers  and  members  of  its
organized  fire  department  or organized police force or department who
are contributing under the provisions of this  section.  Such  increased
pensions  to  the  members  in  either  department  shall  be  paid from
additional contributions made by the appropriate participating  employer
on  account  of such members. The actuary of the retirement system shall
compute the additional contributions for each  employer  who  elects  to
provide  the  special  benefits  provided  under  subdivision  f of this
section. Such additional contributions shall be computed on the basis of
contributions during the prospective service of such members 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 police and fire departments. Such  amount
shall  be paid on the warrant of the fiscal officer of the participating
employer to the pension accumulation fund of the retirement system.
h. Any  officer  or  member  of  such  organized  fire  department  or
organized  police  force  or  department,  may, within one year after he
becomes such officer or member or within one  year  after  his  employer
assumes  the additional cost therefor, whichever shall last occur, elect

to receive the additional benefits provided for by subdivision f hereof.
Any officer or member who elects  to  receive  such  benefits  shall  be
separated  from  service  on  the  first  day of the calendar month next
succeeding  his  attainment  of  age  sixty-two  and  the  completion of
twenty-five years of service, provided, however, that in the case of any
officer or member who attained the age of sixty-two before his  employer
assumed  the  additional  cost  therefor,  or  who  attains  the  age of
sixty-two within one month after his  employer  assumes  the  additional
cost  therefor,  to  be  eligible  for  additional  pension credit under
subdivision f of this section, his service shall be  terminated  and  he
shall  be  retired  within  three  months after his employer assumes the
additional cost therefor or on or before December thirty-first, nineteen
hundred sixty-eight, whichever shall last occur,  and  provided  further
that  a  member  who  is  a  chief  or  commanding  officer  of a police
department or police force shall retire on the first day of the calendar
month next succeeding his attainment of age sixty-five; a member who  is
a  chief  or  commanding officer of a police department or police force,
who attained age sixty-five before his employer elected to provide  this
added  benefit  and  has  rendered twenty-five years of total creditable
service, shall retire  on  or  before  December  thirty-first,  nineteen
hundred  sixty-eight,  or within one year after his employer assumes the
additional cost therefor, whichever shall last occur.
i. In lieu of the provisions of subdivisions f, g and  h  and  in  the
event  a  member  shall  continue  in service after twenty-five years of
total creditable service, as defined in subdivision bb of this  section,
there  shall  be  added  to  his  pension upon retirement a sum equal to
one-one hundred twentieth of his final average salary for each completed
additional year of service after twenty-five years.
j. The increased pension provided for in subdivision i hereof shall be
conditioned upon the participating employer electing in a manner similar
to that provided in subdivision a of section  three  hundred  thirty  of
this  article  to provide this added benefit and assuming the additional
cost thereof on account of all  of  the  officers  and  members  of  its
organized  fire  department  or organized police force or department who
are contributing under the provisions of this  section.  Such  increased
pensions  to  the  members  in  either  department  shall  be  paid from
additional contributions made by the appropriate participating  employer
on  account  of such members. The actuary of the retirement system shall
compute the additional contributions for each  employer  who  elects  to
provide  the  special  benefits  provided  under  subdivision  i of this
section. Such additional contributions shall be computed on the basis of
contributions during the prospective service of such members 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 police and fire departments. Such  amount
shall  be paid on the warrant of the fiscal officer of the participating
employer to the pension accumulation fund of the retirement system.
k. Any  officer  or  member  of  such  organized  fire  department  or
organized  police  force  or  department,  may, within one year after he
becomes such officer or member or within one  year  after  his  employer
assumes  the additional cost therefor, whichever shall last occur, elect
to receive the additional benefits provided for by subdivision i hereof.
Any officer or member who elects  to  receive  such  benefits  shall  be
separated  from  service  on  the  first  day of the calendar month next
succeeding his  attainment  of  age  sixty-two  and  the  completion  of
twenty-five years of service, provided, however, that in the case of any

officer  or member who attained the age of sixty-two before his employer
assumed the  additional  cost  therefor,  or  who  attains  the  age  of
sixty-two  within  one  month  after his employer assumes the additional
cost  therefor,  to  be  eligible  for  additional  pension credit under
subdivision i of this section, his service shall be  terminated  and  he
shall  be  retired  within  three  months after his employer assumes the
additional  cost  therefor,  or  on  or  before  December  thirty-first,
nineteen  hundred  sixty-eight, whichever shall last occur, and provided
further that a member who is a chief or commanding officer of  a  police
department or police force shall retire on the first day of the calendar
month  next succeeding his attainment of age sixty-five; a member who is
a chief or commanding officer of a police department  or  police  force,
who  attained age sixty-five before his employer elected to provide this
added benefit and has rendered twenty-five  years  of  total  creditable
service,  shall  retire  on  or  before  December thirty-first, nineteen
hundred sixty-eight, or within one year after his employer  assumes  the
additional cost therefor, whichever shall last occur.
l.  Upon  retirement  of  any  member  pursuant  to  this section, any
additional amounts credited to  the  member's  annuity  savings  account
pursuant  to  subdivision  b  of  section  three  hundred thirty of this
article shall be treated as excess contributions and shall  be  used  to
provide  an  annuity  in  addition  to  the  annuity  prescribed by this
section. Any other 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 e of this section, 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.
m. Service in the division of state police in the executive department
shall be considered allowable service in an organized fire department or
an  organized  police force or police department for the purpose of this
section, provided  that  the  member  pays  or  has  paid  the  required
contributions.
n.  Notwithstanding  any  provision  of  subdivision  bb  or g of this
section, service as a fire chief-airport, firefighter-airport, and  fire
captain-airport  of  the  county  of  Monroe  shall  be included for the
purpose of computing police or fire service for retirement  pursuant  to
this  section,  provided the county of Monroe has elected to participate
in the New York state and local police and fire retirement system on the
behalf  of  its  fire  chief-airport,  firefighters-airport,  and   fire
captains-airport and elects to provide the benefit of this section.
* o.  The  benefits hereinabove provided shall be payable to a member,
unless at the  date  of  retirement,  such  member  would  otherwise  be
entitled to a greater benefit under other provisions of this article had
he  withdrawn  from  this  section, in which event such greater benefits
shall be payable.
* NB There are 2 sb o's
* o. Any member of the New  York  state  and  local  police  and  fire
retirement  system  who  was  a  member  of the New York city employees'
retirement system while employed as a New York  city  police  department
trainee  or a New York city transit officer trainee and whose membership
therein was terminated by his attaining membership in the New York state
and local police and fire retirement system, may purchase credit in  the
New  York  state  and  local police and fire retirement system for prior
creditable service in the New York  city  employees'  retirement  system
earned  while employed as a police department trainee or transit officer
trainee and shall have the period of such prior service  credit  counted

as  police  service  for  the  purpose  of determining the amount of his
pension and retirement  allowance  and  period  of  service  needed  for
retirement.  In  order  to purchase credit pursuant to this subdivision,
the member shall pay into the pension accumulation fund the contribution
amount  as  determined  by  the  comptroller, either in a lump sum or in
installments, necessary to  pay  in  full  the  cost  of  such  previous
service. If such payment be made in installments, the same shall be paid
within  a  period  no  greater  than the number of months of such member
service granted.
* NB There are 2 sb o's
p. Notwithstanding any  provision  of  this  section,  service  as  an
aircraft   rescue   firefighter   employed   by   the  Niagara  frontier
transportation authority shall be included for the purpose of  computing
police or fire service for retirement pursuant to this section, provided
such  authority  has  elected  to  participate in the New York state and
local police and fire retirement system on the behalf  of  its  aircraft
rescue firefighters and elects to provide the benefit of this section.
q. The provisions of this section shall be controlling notwithstanding
any provision of this article to the contrary.