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 - Retirement of Members in the Division of State Police; Closed Plan.

§  381.  Retirement of members in the division of state police; closed
plan. a.  Any member in the division of state police  in  the  executive
department  who  elected  on  or  before January first, nineteen hundred
forty-nine, to contribute to the New York  state  employees'  retirement
system  pursuant  to the provisions of former section eighty-one of this
chapter in force prior to April  first,  nineteen  hundred  sixty-seven,
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 such  division,
or
2.  Attainment  of age sixty in the service of such division, if prior
thereto,
on an allowance of one-fiftieth of his final  average  salary  for  each
year  of  total  service  in  such division not in excess of twenty-five
years, provided such election was in writing and duly executed and filed
with the comptroller.
b. Every employee who entered or re-entered service in the division on
or after April sixteenth, nineteen hundred thirty-eight, and before July
first, nineteen  hundred  fifty-four,  shall  contribute  on  the  basis
provided  for  by this section. Every employee who entered or re-entered
service in such division  on  or  after  July  first,  nineteen  hundred
fifty-four and before May first, nineteen hundred sixty-one, and who, at
such time undertakes employment therein:
1.  As a member or officer of the state police shall contribute on the
basis provided for by this section and, (in addition to credit  pursuant
to  subdivision g of this section and for service in war after world war
I, as defined in section three hundred two of this article, credited  as
service  as  such  a  member  or  officer), only credit for service as a
member or officer of the state police shall  be  included  in  computing
years of state police service for retirement pursuant to this section.
2.  Other  than  as a member or officer of the state police, shall not
contribute on the basis provided for by this section and  shall  not  be
eligible  to  the  benefits  of  this section on the basis of service so
rendered.
c. Subject to the provisions of subdivisions a and b of this  section,
every  employee  in  the service of such division who is not a member of
the police and fire retirement system may elect to become a  member.  He
or  she  thereupon  shall  contribute to the retirement system under the
provisions of this section and be entitled to benefits  as  provided  in
this  section.  No  such  employee,  however,  shall be given credit for
service  rendered   prior   to   April   sixteenth,   nineteen   hundred
thirty-eight,  unless  he or she became a member of the state employees'
retirement  system  on  or  before  January  first,   nineteen   hundred
forty-nine.  Any such employee who becomes a member on or before January
first, nineteen hundred forty-nine, shall be entitled to credit for past
service in the division as if he or she had become a member  when  first
eligible.  Such employee, however, shall pay the contributions he or she
would have made prior to such date had he or she been  a  member  during
such  service.  The amount of such contributions shall be paid in a lump
sum or in such installments as the comptroller shall approve. In lieu of
such payment, however, such  employee  may  receive  on  retirement  the
benefit  otherwise provided by this section, less such annuity as is the
actuarial equivalent of such unpaid contributions.
d. A member who elected 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 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 rendered after April sixteenth, nineteen
hundred  thirty-eight,  and  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 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.  No such member shall be required to continue contributions
after completing twenty-five years of such service.
e. 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.  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, plus
2.  A   pension   which   is   the   actuarial   equivalent   of   the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, plus
3. A pension of one-one hundredth of his final average salary for each
year of service rendered:
(a) Since he last became a member, and
(b)  Prior  to the completion of twenty-five years of total service in
the division, and
(c) Toward which he and  his  employer  have  contributed  under  this
section, plus
4.  An additional pension of one-fiftieth of his final average salary,
multiplied by the number of years of total service  in  such  department
prior  to  April  sixteenth, nineteen hundred thirty-eight. This pension
shall be payable only if such member  has  had  one  or  more  years  of
service as a member. The computation of this pension shall be subject to
the further conditions that:
(a)  The  service  rendered prior to April sixteenth, nineteen hundred
thirty-eight, shall be  limited  so  that  the  total  service  in  such
division  used  as  a basis for pension credit under this paragraph four
and paragraph three of this subdivision e shall not  exceed  twenty-five
years, and
(b)  The  amount  of  the  additional pension payable pursuant to this
paragraph four shall not exceed the amount needed to increase the  total
amount  of  the benefits provided under paragraphs one and three of this
subdivision e to one-half of the final average salary, plus
5. 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 pension shall:
(a) Be payable only if such member has attained age sixty at the  time
of  retirement and has not completed twenty-five years of service in the
division for which he receives credit under this article, and
(b) Not increase the total  allowance  to  more  than  he  would  have
received had his total service been rendered in the division.
f.  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  of  each
member who elects 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 state police. Such amount shall  be  paid
on  the  warrant  of the comptroller to the pension accumulation fund of
the retirement system.
g. 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.
h. The provisions of this section shall be controlling notwithstanding
any provision in this chapter to the contrary.
i.  Notwithstanding any provisions of subdivision b of this section to
the contrary, an employee who is required to  contribute  in  accordance
with  this  section, but is not a member of the state police, may, on or
before March thirty-first, nineteen hundred seventy-three, elect to come
under the provisions of section seventy-five-h  of  this  chapter.  Such
election shall be duly executed and filed with the comptroller.