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 › 387 - Retirement of Members in the Suffolk County Police Force.

§ 387. Retirement of members in the Suffolk county police force. a. As
used  in  this  section,  the following words and phrases shall have the
following meanings unless a different meaning is plainly required by the
context:
1. "County." Suffolk county.
2. "Department." Suffolk county police department.
3. "Service in such department." Full time police duty as  an  officer
or  member of such department, or full time police duty or bay constable
duty as an officer or member of the police force, police  department  or
constable of any town, village or police district in the county, or as a
criminal  investigator in the office of the district attorney of Suffolk
county prior to January first, nineteen  hundred  sixty  or  as  a  Long
Island  state park patrolman or a member of the division of state police
in the state executive department.
b.  Any  member  in  service  in  such   department,   including   the
commissioner  of  police,  on January first, nineteen hundred sixty, who
elected, on or before July first, nineteen hundred sixty, to  contribute
to  the  New  York  state  employees'  retirement system pursuant to the
provisions of former section eighty-seven of  this  chapter,  in  effect
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 service in such department, or
2.  Attainment  of  age  sixty  in service in such department if prior
thereto, on an allowance of one-fiftieth of his final average salary for
each year of service in such department not  in  excess  of  twenty-five
years, provided such election was in writing and duly executed and filed
with the comptroller.
c.  On  or  after  January  first,  nineteen  hundred sixty, employees
entering or re-entering service in such department:
1. As members of the  police  force,  including  the  commissioner  of
police  or  deputy commissioner of police, shall contribute on the basis
provided for by this section.
2. Other than as members of the police force shall not be eligible  to
the benefits of this section.
d.  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  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  on  and  after  January  first,
nineteen  hundred  sixty, and prior to the attainment of the age when he
shall first become eligible for retirement.  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  creditable  service  in  such department or upon
attainment of age sixty, if prior  thereto,  by  filing  an  application
therefor  in  a manner similar to that provided in section three hundred
seventy of this article. He thereupon shall receive, upon 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
1-a.  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
2. 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 service in such
department, and
(c) Toward which he and  his  employer  have  contributed  under  this
section, plus
3.  An additional pension of one-fiftieth of his final average salary,
multiplied by the number of years of service in such department prior to
January first, nineteen hundred sixty. 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  shall  be  limited  so  that  the  service  in such
department used as a basis for pension credit under this paragraph three
and paragraph two of this subdivision e  shall  not  exceed  twenty-five
years, and
(b)  The  amount  of  the  additional pension payable pursuant to this
paragraph three shall not exceed the amount needed to increase the total
of  the  benefits  provided  under  paragraphs  one  and  two  of   this
subdivision e to one-half of the final average salary, plus
4.  An  additional  pension  equal  to  the pension for any creditable
service rendered while not an employee of such  department  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 such
department 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 such department.
f. The increased pensions to members of such department,  as  provided
by this section, shall be paid from additional contributions made by the
county  on  account  of such members. The actuary of the police and fire
retirement system shall compute the  additional  contribution  for  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  county  executive
of  the  county.  The  amount  thereof  shall  be included in the annual
appropriation of the county for the Suffolk  county  police  department.
Such  amount  shall  be  paid  on  the warrant of the comptroller of the
county  to  the  pension  accumulation  fund  of  the  police  and  fire
retirement system.
g.  In  computing  the  twenty-five years of completed service in such
department, full credit shall be given and full allowance shall be  made
for  service  of  such  member  in  war  after world war I as defined in
section three hundred two of this article, provided such member  at  the
time  of  his  entrance  into  the  armed  forces was in service in such
department, and for service in time  of  war  during  world  war  I  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 and marines who were actual residents of the state at  the  time
of their entry into military service of the United States.
h.  Upon  retirement  of  any  member  pursuant  to  this section, any
additional amounts credited to  the  member's  annuity  savings  account
purusant  to  subdivision  b  of  section  three  hundred thirty of this
article shall be treated as excess contributions and shall  be  used  to
provide  an  annuity  in  addition  to  the  annuity  prescribed by this
section. Any other amounts credited  to  the  member's  annuity  savings
account,  except  the  amounts contributed or required to be contributed
under this section and except such amounts as are  required  to  produce
the  retirement allowance provided by subdivision e of this section, may
at the option of the member at the time of retirement  be  withdrawn  or
used to provide an annuity in addition to the annuity prescribed by this
section.
i.  A  member  who  elected or is required to contribute in accordance
with this section, who does not apply for retirement upon completion  of
twenty-five  years  of service in such department, may, at the option of
the commissioner of police of Suffolk county, be separated from  service
at any time subsequent to the completion of twenty-five years of service
in such department.
j. The provisions of this section shall be controlling notwithstanding
any provisions in this article to the contrary.