2023 New York Laws › RSS - Retirement and Social Security › Article 14-B - Special Retirement Plans for Sheriffs, Undersheriffs and Deputy Sheriffs Engaged in Law Enforcement Activities › 552 - Optional Twenty Year Retirement Plan for Certain Members Whose Employer Elects to Provide Same.

§  552. Optional twenty year retirement plan for certain members whose
  employer elects to provide same. a. Any member of the retirement  system
  may  elect to become a member pursuant to the provisions of this section
  within one year after he or she becomes a member, if his or her employer
  has elected to make the benefits provided herein available  to  members,
  or within one year after his or her employer elects to make the benefits
  provided herein available to its members.
b.  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 a year. Such withdrawal shall be by
  written notice duly acknowledged and filed with the comptroller.
c. A member participating on the basis of this section at the time  of
  retirement,  shall  be entitled to retire after the completion of twenty
  years of  total  creditable  service  or  upon  the  attainment  of  age
  sixty-two, by filing an application therefor in a manner similar to that
  provided in this chapter.
1.   Upon  completion  of  twenty  years  of  such  service  and  upon
  retirement, each such member  shall  receive  a  pension  sufficient  to
  provide  him or her with a retirement allowance equal to one-fortieth of
  his or her final average  salary  for  each  year  of  total  creditable
  service  for  which he or she is otherwise entitled but not exceeding in
  the aggregate one-half of his or her final average salary.
2. Upon attainment  of  age  sixty-two  and  upon  retirement  without
  completion  of  twenty  years  of  such  service, each such member shall
  receive a pension sufficient to provide him or  her  with  a  retirement
  allowance  equal  to one-fortieth of his or her final average salary for
  each year of  creditable  service.  Every  such  member  shall  also  be
  entitled  to  an  additional  pension equal to the pension for any other
  creditable service rendered as otherwise provided for in  this  chapter.
  This  latter pension shall not increase the total allowance to more than
  one-half of his or her final average salary.
d. The increased  pensions  to  such  members,  as  provided  by  this
  section,  shall  be  paid  from  additional  contributions  made  by the
  participating employer on account of such members. The  actuary  of  the
  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 retirement system for  such  extra
  pensions.      Upon   approval   of  the  comptroller,  such  additional
  contributions shall be certified by him  or  her  to  the  chief  fiscal
  officer  of  the  participating  employer.  The  amount thereof shall be
  included in the annual appropriation of the participating employer. Such
  amount shall be paid on the warrant of the chief fiscal officer  of  the
  participating   employer   to  the  pension  accumulation  fund  of  the
  retirement system.
e. In computing the twenty years of completed  service  of  a  member,
  full   credit  shall  be  given  for  military  service  as  defined  in
  subdivisions twenty-nine-a and thirty of section three  hundred  two  of
  this chapter.
f.  Every  member  participating on the basis of this section shall be
  separated from the service on the last day of the  calendar  month  next
  succeeding  the calendar month in which he or she attains age sixty-two,
  provided, however, that such a member who attained the age of  sixty-two
  before  his or her employer elected to make the benefits provided herein
  available to him or her, or who attains the age of sixty-two within  one
  month  after  his  or  her employer makes such benefits available, to be

  eligible for a pension computed in accordance  with  the  provisions  of
  this  section,  shall  be separated from the service within three months
  after his or her employer makes such benefits available.
g. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.
h.  The  benefits  of  this  section  shall be available only to those
  members whose employer elects to provide such  benefits  by  adopting  a
  resolution  to  such effect and filing a certified copy thereof with the
  comptroller.
i. 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 chapter had
  he or she withdrawn from this  section,  in  which  event  such  greater
  benefits shall be payable.
j.  1. As used in this section "creditable service" shall include, any
  and all services performed as a sheriff, undersheriff or deputy sheriff,
  provided, however, that criminal law enforcement service shall  only  be
  creditable  when  it  aggregates  fifty per centum or more of his or her
  service as a deputy sheriff.
2.  Notwithstanding  the  provisions  of   paragraph   one   of   this
  subdivision, a participating employer may elect on a form filed with the
  comptroller  for  that  purpose to provide that creditable service shall
  also include any and all service performed by a deputy sheriff who is  a
  police  officer  pursuant  to subdivision thirty-four of section 1.20 of
  the criminal procedure law as certified by the municipal police  council
  or  as  certified  by the police department of the city of New York upon
  satisfactory completion of the basic  training  program  and  graduation
  from the New York city police academy.
3. 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,  provided  that  service as such
  investigator shall have been rendered prior to January  first,  nineteen
  hundred  sixty  and  that  credit  therefor shall not exceed five years,
  shall also be deemed to be creditable service and shall be  included  in
  computing  years  of  total  service  for  retirement  pursuant  to this
  section, provided  such  service  was  performed  by  the  member  while
  contributing to the retirement system pursuant to the provisions of this
  article or article eight of this chapter.
k.  As  used  in this section, "creditable service" shall also include
  any and all services performed as an employee  of  the  Columbia  county
  sheriff's  department, provided that such employment was performed on or
  before December thirty-first, nineteen hundred ninety-five and  provided
  that  on  that date the employee was performing criminal law enforcement
  duties in the Columbia county sheriff's department.