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 › 383-B - Retirement of Members of the Division of Law Enforcement in the Department of Environmental Conservation.

* § 383-b. Retirement of members of the division of law enforcement in
the  department  of  environmental  conservation.  a.  As  used  in this
section, the term "member of the division  of  law  enforcement  of  the
department  of  environmental  conservation"  shall mean service in full
time police duty as a sworn  police  officer  of  the  division  of  law
enforcement in the department of environmental conservation.
b.  Notwithstanding any other provision of law providing for transfers
between retirement systems, any sworn police officer of the division  of
law enforcement in the department of environmental conservation who is a
member  of  the New York state employees' retirement system may transfer
to the New York state and local police and fire  retirement  system  and
shall  receive  credit  pursuant  to  and  be entitled to the retirement
benefits afforded  in  accordance  with  this  section.  Upon  any  such
transfer  the  member  shall  be entitled to the amount of service which
would have been deemed creditable had such member been subject  to  such
system  during  the  course of his or her membership within such system.
Contributions  to  such  system  shall  be  made  in   accordance   with
appropriate  provisions  of  law  relating thereto. Application for such
transfer must be made to the state comptroller  on  or  before  December
thirty-first,  nineteen  hundred  eighty-six.  The provisions of section
three hundred forty-three of this article  shall  apply  to  any  member
making application for transfer under this subdivision.
c.  Any member of the division of law enforcement in the department of
environmental conservation who elects or is required to contribute under
this section 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 the division of
law enforcement in the department of environmental conservation, or
2.  Attainment  of age sixty in the division of law enforcement in the
department of  environmental  conservation,  if  prior  thereto,  on  an
allowance  of  one-fiftieth of his final average salary for each year of
total service in the division of law enforcement in  the  department  of
environmental  conservation  not  in  excess  of twenty-five years. Such
election shall be in writing and shall be duly executed and  filed  with
the comptroller.
d.  Every  employee  entering  or  re-entering  the  division  of  law
enforcement in the department of environmental conservation on or  after
January  first,  nineteen  hundred  eighty-seven shall contribute on the
basis provided for by this section.
e. A member who 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  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. No such member shall  be
required to continue contributions after completing twenty-five years of
such service.
f.  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 service 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, together with such annuity and a pension which  is
the  actuarial  equivalent of the reserve-for-increased-take-home-pay to
which he may then be entitled, if any, shall equal one-fiftieth  of  his
final  average  salary  for  each  year  of  creditable  service in such
division. This pension shall not exceed the amount needed  to  make  the
total  amount  of  the  benefits  provided  under paragraph one and this
paragraph equal to one-half of final average salary.
3. An additional pension equal  to  the  pension  for  any  creditable
service  rendered  while not employed in the division of law enforcement
in the  department  of  environmental  conservation  as  provided  under
paragraphs  two  and  three  of  subdivision  a of section three hundred
seventy-five of this article. This pension shall:
(i) Be payable only if such member has attained age sixty at the  time
of  retirement  and  has not completed twenty-five years of service as a
member  of  the  division  of  law  enforcement  in  the  department  of
environmental  conservation  for  which  he  receives  credit under this
article, and
(ii) Not increase the total allowance  to  more  than  he  would  have
received had his total service been rendered as a member of the division
of law enforcement in the department of environmental conservation.
For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
(A)  if  not  reduced  by  the actuarial equivalent of any outstanding
loan, and
(B) if not increased by the actuarial  equivalent  of  any  additional
contributions, and
(C)  if not reduced by reason of the member's election to decrease his
annuity contributions to the retirement systems in order  to  apply  the
amount of such reduction in payment of his contributions for old-age and
survivors insurance coverage.
g.   The  increased  pensions  to  members  of  the  division  of  law
enforcement in the department of environmental conservation, as provided
by this section, shall be paid from additional contributions made by the
state on account of such members. The actuary of the  retirement  system
shall  compute  the additional contribution of 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  by  the  comptroller,  such  additional contributions shall be
certified by him to the commissioner of environmental conservation.  The
amount  thereof  shall  be  included  in the annual appropriation of the
state for the department  of  environmental  conservation.  Such  amount
shall  be  paid  on  the  warrant  of  the  comptroller  to  the pension
accumulation fund of the retirement system.
h. In computing the twenty-five years of completed service of a member
of the division of law enforcement in the  department  of  environmental
conservation,  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 or
Mexican border service.
i. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
j.  Notwithstanding  any  provision  of  subdivision d, e or i of this
section to the contrary, a member who is in the  collective  negotiating
unit  designated  as the security services unit and established pursuant
to article fourteen of the civil service law and who has elected  or  is
required to contribute in accordance with this section may, on or before
March  thirty-first,  nineteen hundred eighty-seven, elect to come under
the provisions of section three hundred seventy-five-h of this  article.
Such election shall be duly executed and filed with the comptroller.
* NB There are 2 § 383-b's