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-T - Optional Twenty-Five Year Retirement Plan for County Probation Officers.

* §  89-t.  Optional  twenty-five  year  retirement  plan  for  county
probation officers. a. A member employed by a county shall  be  eligible
to  retire  pursuant  to  the  provisions  of this section if the county
elects to make the benefits provided herein  available  as  provided  in
subdivision  j  of  this  section  and  if  he or she is a peace officer
employed by a county probation department. 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 comptroller shall
have the authority to include positions herein that comprehend the  same
duties and responsibilities, but are named differently.
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
accumulated  contributions  at  the  time  of  his  retirement  and   an
additional   pension   which   is   the   actuarial  equivalent  of  the
reserved-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 or her final average salary.
d. As used in this section "creditable service" shall include any  and
all  services  performed  as  a  peace officer within a county probation
department.
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, or as  a  probation  assistant  in  a
county  probation  department,  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.  The  chief  executive  officer in each county shall certify to the
comptroller, periodically and at  such  intervals  of  time  as  may  be
required  and  in such fashion as may be prescribed, the identity of the
eligible probation officers.
g. A member contributing on the basis of this section at the  time  of
retirement  shall  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 accumulated contributions
at  the  time  of  his retirement and an additional pension which is the
actuarial  equivalent  of  the  reserved-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.
h.  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  of  his  or  her  employer  that makes the election provided for
herein.
i. Nothing herein 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.
j.  (1)  Each  county  that  elects pursuant to the provisions of this
subdivision shall pay the cost attributable therefor.
(2) The benefits of this section shall  be  available  only  to  those
members  defined  in subdivisions a and d of this section whose employer
elects to provide such benefits by adopting a resolution to such  effect
and   filing  a  certified  copy  thereof  with  the  comptroller.  Such
resolution may also contain an election that any past  service  cost  be
paid  over  either a five-year or ten-year period. Such resolution shall
be accompanied by the affidavit of the chief executive  officer  of  the
county  that  the  county  has  received an estimate from the retirement
system of the cost of the benefit provided by this section.
(3) Such resolution shall apply to all members defined in subdivisions
a and d of this section, except those already subject  to  a  retirement
plan  which permits immediate retirement with a benefit upon a specified
period of service of twenty-five years or less without regard to age.
k. The provisions of this section shall be controlling notwithstanding
any other provision in this article to the contrary.
* NB There are 2 § 89-t's