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-A - Retirement of Members of the Regional State Park Police; New Plan.

§  383-a. Retirement of members of the regional state park police; new
plan. a. Every member or officer of the regional state park  police  who
enters  or  re-enters  service  on or after June twenty-eighth, nineteen
hundred sixty-five shall contribute on the basis provided  for  by  this
section.
b.  Every  member  or  officer  in  the regional state park police who
entered such service  prior  to  June  twenty-eighth,  nineteen  hundred
sixty-five,   and   who  elected  to  contribute  under  former  section
eighty-three-a of this chapter shall contribute on  the  basis  provided
for   by   this  section,  if  he  so  elected  on  or  before  December
thirty-first, nineteen hundred sixty-five.
c.  A  member  who  elected  to  contribute   under   former   section
eighty-three-a  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  March  twenty-eighth,  nineteen  hundred
forty-nine,  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. No such member shall  be
required to continue contributions after completing twenty-five years of
such service.
d.  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  paragraphs  one  and  two--
this subdivision d 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  regional  state  park  police
service  as  provided under paragraphs two and three 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 as a
member of the regional state park police 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 as a member of the regional
state park police.
For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
(aa) if not reduced by the actuarial  equivalent  of  any  outstanding
loan, and
(bb)  if  not  increased by the actuarial equivalent of any additional
contributions, and
(cc) 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.
e.  The  increased  pensions  to  members  of  the regional state park
police, 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
conservation.  The  amount  thereof  shall  be  included  in  the annual
appropriation of the state for the conservation department. Such  amount
shall  be  paid  on  the  warrant  of  the  comptroller  to  the pension
accumulation fund of the retirement system.
f. In computing the twenty-five years of completed service of a member
of the regional state park police, 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.
g.  Service  in  the  division  of  the  state police in the executive
department shall be considered allowable service in regional state  park
police  service,  for  the  purposes  of this section, provided that the
member pays  or  has  paid  the  required  contributions  and  provided,
further,  that in the case of employees entering or re-entering regional
state park police service on  or  after  July  first,  nineteen  hundred
fifty-four,  only credit for service as a member or officer of the state
police shall be so allowable.
h. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
i. Notwithstanding any provision of subdivision a,  b  or  h  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 seventy-three, 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.