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-E - Retirement of Correction Officers of the Westchester County Correction Department; Alternative Eligibility for Retirement.

§  89-e.  Retirement  of correction officers of the Westchester county
  correction department; alternative eligibility for  retirement.  a.  Any
  member  who is a correction officer of the Westchester county correction
  department shall be eligible to retire pursuant  to  the  provisions  of
  this  section.  In  addition, any correction officer who is appointed to
  the title of deputy commissioner and who, while a correction officer and
  prior to such appointment to the title of deputy  commissioner,  elected
  to  participate  in  the  plan  established pursuant to this section may
  elect, upon such appointment to the title  of  deputy  commissioner,  to
  continue  to  participate  in  the  plan  established  pursuant  to this
  section. 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 chief executive  officer  of  such  county  shall
  certify  to  the  comptroller,  in a manner and at such intervals as the
  comptroller may  require,  the  identity  of  such  eligible  correction
  officers, including any eligible deputy commissioners.
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 final average salary.
d. As used in this section "creditable service" shall include any  and
  all services performed as a correction officer of Westchester county.
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,  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.
f.  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 reserve-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.
g. 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 Westchester.
h. 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.
i. The provisions of this section shall be controlling notwithstanding
  any other provision in this article to the contrary.
j.  As  used  in this section, "correction officer" of the Westchester
  county correction department  means  a  correction  officer,  correction
  officer-sergeant,    correction   officer-captain,   assistant   warden,
  associate warden or warden.
k. Notwithstanding any provision of  law  to  the  contrary,  where  a
  correction  officer  would have been entitled to retire pursuant to this
  section at the time of his or her death  and  where  his  or  her  death
  occurs  on or after the effective date of the chapter of the laws of two
  thousand twenty-three that added this subdivision,  the  beneficiary  or
  beneficiaries  may  elect  to  receive, in a lump sum, an amount payable
  which shall be equal  to  the  pension  reserve  that  would  have  been
  established  had  the member retired on the date of his or her death, or
  the     value      of      the      death      benefit      and      the
  reserve-for-increased-take-home-pay, if any, whichever is greater.