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 › 551 - Optional Retirement of Certain Members.

§ 551. Optional retirement of certain members. a. Any member may elect
  to  contribute  to the retirement system on the basis of retirement upon
  his or her completion of twenty-five years of total  creditable  service
  on  an  allowance of one-fiftieth of his or her final average salary for
  each year of total  service  as  a  member  but  not  exceeding  in  the
  aggregate one-half of his or her final average salary. 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 one year. Such withdrawal shall  be
  by written notice duly acknowledged and filed with the comptroller.
c. The  member's  employer by appropriate action shall, in its initial
  action under this section, elect to assume all of the additional cost on
  account of service as a member rendered prior to the effective  date  of
  such election and in any subsequent action, shall elect to assume all of
  the  additional cost on account of service as a member of any such other
  prior department or force rendered prior to 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 of the retirement system and paid by
  the employer in the same manner as the contributions required under this
  chapter.
d.  For  actuarial  purposes  relative  to   rates   or   amounts   of
  contributions to the funds of the 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.  In  the event a member shall continue in service after twenty-five
  years of total creditable service, there shall be added to  his  or  her
  pension  upon retirement a sum equal to one-sixtieth of his or her final
  average salary for each  completed  additional  year  of  service  after
  twenty-five   years;   provided,   however,   that  upon  completion  of
  twenty-five years of total creditable service, a participating  employer
  may  elect  to  provide any service credit earned with a public employer
  prior to services performed as a sheriff, undersheriff or deputy sheriff
  towards the one-sixtieth allowance and provided, further that the  total
  allowance   payable   pursuant   to   this   section  shall  not  exceed
  three-quarters of such member's final average salary.
f. The increased pension provided for in subdivision e hereof shall be
  conditioned upon the participating employer  electing  to  provide  this
  added benefit and assuming the additional cost thereof on account of all
  of  the  members.  Such  increased pensions to the members 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 so provided. 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  chief  fiscal  officer  of  the  participating employer. The amount
  thereof  shall  be  included  in  the  annual   appropriation   of   the
  participating  employer  for  members.  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.
g. Any member may, within one year after he or she becomes a member or
  within  one  year  after his or her employer assumes the additional cost
  therefor, whichever shall last occur, elect to  receive  the  additional
  benefits  provided for by subdivision e hereof. Any member who elects to
  receive such benefits shall be separated from service on the  first  day
  of  the  calendar  month  next  succeeding  his or her attainment of age
  sixty-two and the completion of twenty-five years of service,  provided,
  however,  that  in  the  case  of  any  member  who  attained the age of
  sixty-two before  his  or  her  employer  assumed  the  additional  cost
  therefor, or who attains the age of sixty-two within one month after his
  or her employer assumes the additional cost therefor, to be eligible for
  additional  pension  credit  under subdivision e of this section, his or
  her service shall be terminated and he or she shall  be  retired  within
  three  months  after  his  or  her  employer assumes the additional cost
  therefor.
h. 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. 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.
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.
i. In computing the  twenty-five  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.
j. The provisions of this section shall be controlling notwithstanding
  any provision of this chapter to the contrary.
k.  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.