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 › 381-A - Retirement of Members or Officers of the State Police; New Plan.

§  381-a.  Retirement  of members or officers of the state police; new
  plan. a. Every member or officer of the division of state police in  the
  executive  department who enters or re-enters service in the division on
  or after May first, nineteen hundred sixty-one shall contribute  to  the
  police  and  fire  retirement  system in the manner provided for by this
  section.
b. Every member or officer of the division of state police who entered
  such service prior to May first,  nineteen  hundred  sixty-one  and  who
  contributed under former section eighty-one-a of this chapter, in effect
  prior  to  April first, nineteen hundred sixty-seven shall contribute on
  the basis provided for by this section.
c. 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 or her compensation  similarly  determined.
  Such latter proportion shall be computed to provide, at the time when he
  or she shall first become eligible for retirement under this section, an
  annuity  equal  to  one-one hundredth of his or her final average salary
  for each year of service as a member of the state employees'  retirement
  system  or  the  police  and fire retirement system rendered after April
  sixteenth, nineteen hundred thirty-eight, and prior to the attainment of
  the age when he or she 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 or her employer contributes
  pursuant           to           such           section            toward
  pensions-providing-for-increased-take-home-pay.  No  such  member  shall
  continue to make contributions after  completing  twenty-five  years  of
  such service.
d.  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 division, 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.
1.  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
  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-half of his final average salary.
2. Upon attainment of age sixty and upon retirement without completion
  of twenty-five years of such service, each such member shall  receive  a
  pension  which  together  with  an  annuity which shall be 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-fiftieth  of  his  final  average salary for each year of
  creditable service in such division. Every such  member  shall  also  be
  entitled  to  an  additional  pension  equal  to  the  pension  for  any
  creditable service rendered while not an employee  of  the  division  as
  provided  under  paragraphs  three  and four of subdivision a of section
  three hundred seventy-five of this article. This  latter  pension  shall
  not  increase  the  total  allowance  to more than one-half of his final
  average salary.
For the purpose only of determining the amount of the pension provided
  in this subdivision, 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 or her annuity  contributions  to  the
  police  and  fire retirement system in order to apply the amount of such
  reduction in payment  of  his  or  her  contributions  for  old-age  and
  survivors insurance coverage.
e.  The  increased pensions to members of the division, 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 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 police and fire retirement system
  for  such  extra  pensions.  Upon  approval  by  the  comptroller,  such
  additional  contributions  shall  be  certified  by  him  or  her to the
  superintendent of state police. The amount thereof shall be included  in
  the  annual appropriation of the state for the division of state police.
  Such amount shall be paid on the  warrant  of  the  comptroller  to  the
  pension accumulation fund of the police and fire retirement system.
f. In computing the twenty-five years of completed service of a member
  in  the division, 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 for
  Mexican border service.
g. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.