There is a newer version of the New York Consolidated Laws
2006 New York Code - Optional Retirement After Twenty Or Twenty-five Years Of Allowable Service Rendered In The Uniformed Correction Force.
§ 13-155 Optional retirement after twenty or twenty-five years of
allowable service rendered in the uniformed correction force. a. A new
correction member may elect, prior to the certification of his or her
rate of contribution, if not previously a member of the retirement
system, and within thirty days after his or her appointment to the
uniformed correction force, if such person is a member of the retirement
system at the time of such appointment, to contribute on the basis of a
minimum retirement period of twenty years of allowable service rendered
in such correction force, by a written election duly executed and
acknowledged, and filed with the board. The rate of contribution of a
member so electing shall be equal to that (before any reduction in rate
of contribution to which such member, after such election, may be
entitled by reason of any plan for
pensions-providing-for-increased-take-home-pay) at which he or she would
contribute to the police pension fund maintained pursuant to subchapter
two of chapter two of this title if (1) on the date of his or her
appointment as a member of the uniformed correction force he or she had
been appointed a member of the police force of the city, and (2) he or
she had elected a minimum retirement period of twenty years as a member
of such police pension fund. Upon the retirement of such a new
correction member for service, he or she shall receive a retirement
allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay, which shall be the
actuarial equivalent of the reserve-for-increased-take-home-pay to which
such member may then be entitled, if any; and
3. a pension which shall be equal to:
(a) seventy-five per cent of one-fortieth of his or her final
compensation multiplied by not to exceed the number of years of service
in the uniformed correction force on and after July first, nineteen
hundred sixty-five, credited to him or her, which aggregates not more
than twenty years of service, plus
(b) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
correction force, plus
(c) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service
after October first, nineteen hundred fifty-one, acquired other than in
the uniformed correction force, and (2) the number of years of service
in the uniformed correction force credited to him or her in excess of
twenty.
b. A new correction member may elect, prior to the certification of
his or her rate of contribution, if not previously a member of the
retirement system, and within thirty days after his or her appointment
to the uniformed correction force, if such person is a member of the
retirement system at the time of such appointment, to contribute on the
basis of a minimum retirement period of twenty-five years of allowable
service rendered in such correction force, by a written election duly
executed and acknowledged, and filed with the board. The rate of
contribution of a member so electing shall be equal to that (before any
reduction in rate of contribution to which such member, after such
election, may be entitled by reason of any plan for
pensions-providing-for-increased-take-home-pay) at which he or she would
contribute to the police pension fund maintained pursuant to subchapter
two of chapter two of this title if (1) on the date of his or her
appointment as a member of the uniformed correction force he or she had
been appointed a member of the police force of the city, and (2) he or
she had elected a minimum retirement period of twenty-five years as a
member of such police pension fund. Upon the retirement of such a new
correction member for service, he or she shall receive a retirement
allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the
actuarial equivalent of the reserve-for-increased-take-home-pay to which
he or she may then be entitled, if any; and
3. a pension which shall be equal to:
(a) seventy-five per cent of one-fiftieth of his or her final
compensation multiplied by not to exceed the number of years of service
in the uniformed correction force on and after July first, nineteen
hundred sixty-five, credited to him or her, which aggregates not more
than twenty-five years of service, plus
(b) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
correction force, plus
(c) seventy-five per cent of one-sixtieth of his final compensation
multiplied by: (1) the number of years of city-service after October
first, nineteen hundred fifty-one acquired other than in the uniformed
correction force, and (2) the number of years of service in the
uniformed correction force credited to him or her in excess of
twenty-five.
c. A prior correction member may elect, on or before September
thirtieth, nineteen hundred sixty-five, by a written election duly
executed and acknowledged, and filed with the board, to contribute on
and after July first, nineteen hundred sixty-five at a rate of
contribution equal to that (before any reduction in rate of contribution
to which such member, after such election, may be entitled by reason of
any plan for pensions-providing-for-increased-take-home-pay) at which he
or she would have been contributing on such July first to the police
pension fund maintained pursuant to subchapter two of chapter two of
this title if (1) he or she were on that date a member of the police
force of the city and of such police pension fund, and (2) he or she had
elected a minimum retirement period of twenty years as a member of such
fund, and (3) he or she had been appointed to the city police force on
the date on which he was appointed a member of the uniformed correction
force, and (4) where such member was appointed to the uniformed
correction force prior to March twenty-ninth, nineteen hundred forty,
such police pension fund maintained pursuant to such subchapter two had
been in existence on the date of such appointment. Upon the retirement
of such a prior correction member for service, he or she shall receive a
retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the
actuarial equivalent of that portion of the
reserve-for-increased-take-home-pay to which he or she may then be
entitled, if any, remaining after deducting from such reserve (a) all
sums therein, including regular interest thereon, credited to him or her
while a member of the uniformed correction force, prior to January
fifth, nineteen hundred sixty-three, plus (b) all sums therein,
including regular interest thereon, credited to him or her for the
period between January fifth, nineteen hundred sixty-three and June
thirtieth, nineteen hundred sixty-five, both dates inclusive, which are
derived from that part of a reduced-rate-of-contribution factor in
excess of two and one-half per cent, provided that such sums mentioned
in subparagraphs (a) and (b) of this paragraph two, shall, at the time
of his or her retirement, be withdrawn from the credit of such member,
shall become the property of the retirement system, and shall be paid
into the contingent reserve fund provided for in section 13-127 of this
chapter; and
3. a pension which shall be equal to:
(a) fifty-five per cent of one-fortieth of his or her final
compensation multiplied by not to exceed twenty years of service in the
uniformed correction force, prior to October first, nineteen hundred
fifty-one, credited to him or her, plus
(b) seventy-five per cent of one-fortieth of his final compensation
multiplied by not to exceed the number of years of service in the
uniformed correction force on and after October first, nineteen hundred
fifty-one, credited to him or her, which, together with the years of
service in such force credited to him or her prior to such date,
aggregates twenty years of service, plus
(c) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
correction force, plus
(d) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service on
and after October first, nineteen hundred fifty-one, acquired other than
in the uniformed correction force, and (2) the number of years of
service in the uniformed correction force credited to him or her in
excess of twenty.
d. A prior correction member may elect, on or before September
thirtieth, nineteen hundred sixty-five, by a written election duly
executed and acknowledged, and filed with the board, to contribute on
and after July first, nineteen hundred sixty-five at a rate of
contribution equal to that (before any reduction in rate of contribution
to which such member, after such election, may be entitled by reason of
any plan for pensions-providing-for-increased-take-home-pay) at which he
or she would have been contributing on such July first to the police
pension fund maintained pursuant to subchapter two of chapter two of
this title if (1) he or she were on that date a member of the police
force of the city and of such police pension fund, and (2) he or she had
elected a minimum retirement period of twenty-five years as a member of
such fund, and (3) he or she had been appointed to the city police force
on the date on which he or she was appointed a member of the uniformed
correction force, and (4) where such member was appointed to the
uniformed correction force prior to March twenty-ninth, nineteen hundred
forty, such police pension fund maintained pursuant to such subchapter
two had been in existence on the date of such appointment. Upon the
retirement of such a member for service he or she shall receive a
retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the
actuarial equivalent of that portion of the
reserve-for-increased-take-home-pay to which he or she may then be
entitled, if any, remaining after deducting from such reserve (a) all
sums therein, including regular interest thereon, credited to him or her
while a member of the uniformed correction force, prior to January
fifth, nineteen hundred sixty-three, plus (b) all sums therein,
including regular interest thereon, credited to him or her for the
period between January fifth, nineteen hundred sixty-three and June
thirtieth, nineteen hundred sixty-five, both dates inclusive, which are
derived from that part of a reduced-rate-of-contribution factor in
excess of two and one-half per cent, provided that such sums mentioned
in subparagraphs (a) and (b) of this paragraph two, shall, at the time
of his or her retirement, be withdrawn from the credit of such member,
shall become the property of the retirement system, and shall be paid
into the contingent reserve fund provided for in section 13-127 of this
chapter; and
3. a pension which shall be equal to:
(a) fifty-five per cent of one-fiftieth of his or her final
compensation multiplied by not to exceed twenty-five years of service in
the uniformed correction force prior to October first, nineteen hundred
fifty-one, credited to him or her, plus
(b) seventy-five per cent of one-fiftieth of his or her final
compensation multiplied by not to exceed the number of years of service
in the uniformed correction force on and after October first, nineteen
hundred fifty-one, credited to him or her, which, together with the
years of service in such force credited to him or her prior to such
date, aggregates twenty-five years of service, plus
(c) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
correction force, plus
(d) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service on
and after October first, nineteen hundred fifty-one acquired other than
in the uniformed correction force, and (2) the number of years of
service in the uniformed correction force credited to him or her in
excess of twenty-five.
e. Any correction member who has elected pursuant to this section,
optional retirement after twenty or twenty-five years of allowable
service and who shall have attained the minimum period of service
retirement elected by him or her, upon his or her own written
application to and filed with the board setting forth at what time, not
less than thirty days subsequent to the execution and filing thereof, he
or she desires to be retired, shall be retired as of the date specified
in said application, provided that at the time so specified for his or
her retirement, his or her term or tenure of office or employment shall
not have terminated or have been forfeited, and provided further that
upon his or her request in writing, the member shall be granted a leave
of absence from the date of filing said application until the date the
retirement becomes effective.
f. Notwithstanding any other provision of this section, the provisions
of section two hundred seven-d of the general municipal law shall apply
to any correction member in the same manner and to the same extent as if
the definition of "policeman" in such section included a paid officer or
member of the uniformed correction force; provided, however, that any
such member shall not be entitled to any rights or benefits under such
section two hundred seven-d in the event that, if a member of the police
force of the city and of the police pension fund maintained pursuant to
subchapter two of chapter two of this title, who had elected a minimum
period of service as a prerequisite for eligibility for retirement for
service and who had served in the city police force beyond such minimum
period of service, were to retire for any cause whatsoever on the same
date as that on which such correction member retires for any cause
whatsoever, the provisions of such section two hundred seven-d would not
be applicable, operative or effective for determining the rights or
benefits of such member of the city police force.
g. (1) Notwithstanding the provisions of subdivisions a, b, c and d of
this section, a correction member shall, upon retirement for service,
and in lieu of any lesser amount prescribed by the applicable provisions
of such subdivisions or otherwise, receive a retirement allowance on
account of his or her minimum period of service rendered as a member of
the uniformed correction force, which shall, subject to the provisions
of this subdivision g, be equal to one-half of his or her annual
compensation earnable upon the date of his or her retirement; provided,
however, that any such member shall not be entitled to a retirement
allowance, determined under and pursuant to the foregoing provisions of
this paragraph one, on account of his or her minimum period of such
service, in the event that, if a member of the police force of the city
and of the police pension fund maintained pursuant to subchapter two of
chapter two of this title, who had elected completion of a minimum
period of service as a prerequisite for eligibility for retirement for
service, were to retire for service on the same date as such correction
member, the provisions of subdivision one of section two hundred seven-e
of the general municipal law, as added by chapter two hundred
fifty-eight of the laws of nineteen hundred sixty-three, would not be
applicable, operative or effective for determining the rights to a
retirement allowance of such member of the city police force for such
minimum period of service and would not provide for such member of such
police force, the retirement allowance specified in such subdivision one
for such minimum period of service, in lieu of any lesser benefit
otherwise prescribed.
(2) The addition and computation of a further pension, in order to
provide such retirement allowance under paragraph one of subdivision g
for a correction member, shall be subject to the terms and conditions of
subdivision two of section two hundred seven-e of the general municipal
law, as added by chapter two hundred fifty-eight of the laws of nineteen
hundred sixty-three, in the same manner and to the same extent as if the
term "uniformed force of the police department of such city", mentioned
in such subdivision, included the uniformed correction force.
(3) Where additional retirement benefits are payable to correction
members under the provisions of this section, other than the provisions
of this subdivision and subdivision f thereof, or are required to be
paid under the provisions of section two hundred seven-d of the general
municipal law, as made applicable by the provisions of such subdivision
f, such additional benefits shall be paid, for service in addition to
and in excess of the minimum service requirements, in addition to the
minimum retirement benefits required to be paid by this subdivision g.
h. Notwithstanding the provisions of section 13-166 of this chapter or
any other section of the code to the contrary, no correction member
electing optional retirement pursuant to this section, who is on the
date of such election sixty-three or more years of age or who on or
after such date attains the age of sixty-three years, shall continue
serving as a member of the uniformed correction force but shall be
retired, provided, however, that any such member who is not eligible for
retirement at the age of sixty-three may continue to serve as a member
of such force only until such time as he or she becomes eligible for
retirement for service.
i. (1) The provisions of this section shall apply to correction
members as herein provided, notwithstanding the provisions of sections
13-125 and 13-172 of this chapter or any other provision of the code or
law to the contrary.
(2) Except as otherwise provided in this section, on and after July
first, nineteen hundred sixty-five, each correction member shall have
and shall be entitled and subject to the same rights, benefits,
privileges and obligations as a member of the police force of the city
who is a member of the police pension fund maintained pursuant to
subchapter two of chapter two of this title, with respect to the matters
provided for in sections 13-219, 13-225, 13-226, 13-239, 13-242, 13-243,
13-244, 13-251, 13-252, 13-254, 13-256, 13-257, 13-258, 13-261, 13-261.3
and 13-262 of such subchapter two; provided, however, that:
(a) each correction member shall have and shall be entitled and
subject to such rights, benefits, privileges and obligations as to such
matters only in so far as such rights, benefits, privileges and
obligations accrue on and after July first, nineteen hundred sixty-five,
and nothing contained in this paragraph two shall confer upon or create
in relation to any correction member any such right, benefit, privilege
or obligation with respect to any period of time or event occurring
before July first, nineteen hundred sixty-five; and
(b) such rights, benefits, privileges and obligations conferred upon
or created in relation to each correction member by this paragraph two
with respect to such matters provided for in such sections of such
subchapter two, shall be in lieu of any and all rights, benefits,
privileges and obligations which, if such member were not a correction
member, (1) would accrue to him or her under this chapter, on and after
July first, nineteen hundred sixty-five, with respect to such matters,
or (2) he or she would have and would be entitled and subject to under
this chapter, with respect to such matters, for any period of time on
and after such date, or by reason of any event occurring on or after
such date; and
(c) any and all rights, benefits, privileges and obligations of a
correction member under this chapter, in so far as they accrued prior to
July first, nineteen hundred sixty-five, or arose from or were based
upon any event occurring prior to such date, shall be governed by and
determined in accordance with the provisions of this chapter which would
be applicable to such member if he or she were not a correction member;
and
(d) for the purpose of determining the rights, benefits, privileges
and obligations of a correction member under this paragraph two, nothing
contained in subparagraphs (a) and (c) of this paragraph two shall be
construed as depriving any such member (1) of credit, as otherwise
granted or authorized by the provisions of this chapter, for
city-service rendered prior to July first, nineteen hundred sixty-five,
or (2) of credit for contributions made by such member prior to such
date, or (3) of rights, accruing prior to such date, with respect to any
plan for pensions-providing-for-increased-take-home-pay, provided that
such rights as to such plan shall be reduced to the extent and in the
manner provided in paragraph two of subdivisions c and d of this section
and in paragraphs six and eleven of this subdivision i.
(3) The rights, benefits, privileges and obligations conferred upon or
created in relation to correction members by paragraph two of this
subdivision i shall be determined by the retirement system in accordance
with the actuarial tables adopted from time to time for the police
pension fund maintained pursuant to subchapter two of chapter two of
this title and such tables shall be employed by the retirement system,
in making any such determination, in the same manner as they are
employed under such subchapter two in determining the corresponding
rights, benefits, privileges and obligations of members of such police
pension fund.
(4) The rights, benefits, privileges and obligations conferred upon or
created in relation to correction members by paragraph two of this
subdivision i shall be administered by the retirement system pursuant to
its rules and regulations and nothing contained in this section or in
any other law shall be construed as conferring upon the board of
trustees of the police pension fund maintained pursuant to subchapter
two of chapter two of this title, or the medical board or any other
agency of such pension fund, any jurisdiction, power or duties to
administer such rights, benefits, privileges or obligations or to adopt
rules or regulations relating thereto.
(5) Notwithstanding any other provision of this section, where any
part of the principal and interest with respect to any loan made to a
member pursuant to section 13-140 of this chapter remains unpaid at the
time when such member seeks to elect to become a correction member
pursuant to the applicable provisions of subdivisions a, b, c and d of
this section, such member shall not have the right to make such election
unless he or she shall execute and acknowledge, and file with the board,
a written agreement providing that from and after the execution of such
agreement, all of his or her obligations and rights with respect to the
principal and interest remaining unpaid on such loan shall be governed
by section 13-239 of this title, and that the terms and conditions of
such loan may be changed or modified by the board, with respect to any
principal thereof and interest thereon remaining unpaid, so as to
conform with the provisions of section 13-239 of this title. For the
purpose of this paragraph and of paragraph two of this subdivision i,
wherever the term "pension fund" appears in section 13-239 of this
title, it shall be deemed to mean the retirement system.
(6) In any case where an ordinary death benefit or accidental death
benefit is payable pursuant to the provisions of paragraph two of this
subdivision i and the applicable provisions of section 13-243 or section
13-244 of this title, as the case may be, by reason of the death of a
prior correction member, any reserve-for-increased-take-home-pay payable
or allocable to any beneficiary under such provisions shall first be
reduced in the manner prescribed by paragraph two of subdivision c or d,
as the case may be, of this section and the amount of the deduction from
such reserve, as prescribed by subparagraphs (a) and (b) of such
paragraph two, shall be withdrawn from the credit of such member, shall
become the property of the retirement system and shall be paid into the
contingent reserve fund provided for in section 13-127 of this chapter.
(7) In any case where an accidental death benefit is payable, pursuant
to the provisions of paragraph two of this subdivision i and section
13-244 of this title, by reason of the death of a correction member, the
provisions of section 13-244 of this title prescribing that the pension
payable thereunder shall in no case be less than one-half of the full
salary payable to a first-grade patrol officer on the date of death of
such employee, shall not apply to the determination of the amount of the
death benefit payable by reason of the death of such correction member,
and the amount of such death benefit, including any pension payable,
shall be determined as if such provisions were not included in such
section 13-244 of this title.
(8) The provisions of section 13-150 of this chapter shall not apply
to any correction member.
(9) For the purposes of paragraph two of this subdivision i, wherever
the following terms appear in any section of subchapter two of chapter
two of this title mentioned in such paragraph two, they shall be deemed
to have the following meanings:
(a) "commissioner": head of the agency in which the correction member
is employed;
(b) "medical board": the medical board of the retirement system;
(c) "city-service": city-service as defined in subdivision three of
section 13-101 of this chapter.
(d) "board": the board of trustees of the retirement system.
(e) "police service": allowable service in the uniformed correction
force as a member of such force, excluding any service credit acquired
by transfer under any provision of law.
(f) "discontinued member": a correction member who has discontinued
service in the uniformed correction force and has a vested right to a
retirement allowance under the provisions of section 13-256 of this
title.
(10) For the purposes of paragraph two of this subdivision i, the
provisions of section 13-252 of this title shall not be applicable to a
correction member for whom application for retirement for accident
disability is made, in any case where the city-service claimed to have
resulted in the alleged disability of such member was performed prior to
July first, nineteen hundred sixty-five.
(11) In any case where a retirement allowance for accident disability
is payable, pursuant to the provisions of paragraph two of this
subdivision i and section 13-258 of this title, with respect to a prior
correction member, any reserve-for-increased-take-home-pay constituting
the basis of a pension payable pursuant to subdivision two of such
section 13-258 of this title, shall first be reduced in the manner
prescribed by paragraph two of subdivision c or d, as the case may be,
of this section, and the amount of the deduction from such reserve, as
prescribed by subparagraphs (a) and (b) of such paragraph two, shall be
withdrawn from the credit of such member, shall become the property of
the retirement system, and shall be paid into the contingent reserve
fund provided for in section 13-127 of this chapter. The pension payable
with respect to such member pursuant to such subdivision two of such
section 13-258 of this title shall be the actuarial equivalent of the
portion of such reserve remaining after such deduction.
(12) For the purposes of paragraph two of this subdivision i, the
provisions of section 13-262 of this title shall be deemed to refer to a
beneficiary receiving or entitled to receive a retirement allowance
under subdivision a, b, c or d of this section, who re-enters
city-service.
(13) The applicability of section 13-225 of this title to each prior
correction member, pursuant to the provisions of paragraph two of this
subdivision i, shall be subject to the provisions of the opening
paragraph of subdivision c or d of this section, as the case may be,
with respect to rate of contribution.
(14) (a) For the purpose of computing an annuity and a pension,
pursuant to paragraphs one and two of subdivision c of section 13-256 of
this title, for a discontinued member, service credit acquired by such
member pursuant to section forty-three of the retirement and social
security law and accumulated contributions transferred pursuant to such
section shall be excluded.
(b) For city-service credited to a discontinued member, other than
allowable service in the uniformed correction force as a member of such
force, such member shall receive, in lieu of any other pension under
section 13-256 of this title for such other service:
(i) a pension which shall be equal to fifty-five per cent of
one-sixtieth of his or her final compensation multiplied by the number
of years of such other city-service rendered prior to October first,
nineteen hundred fifty-one; and
(ii) a pension which shall be equal to seventy-five per cent of
one-sixtieth of his final compensation multiplied by the number of years
of such other city-service rendered on and after October first, nineteen
hundred fifty-one.
j. For the purposes of this section, the words, "final compensation",
shall mean the average annual compensation earnable by a member for
city-service during the last five years of city-service, or during any
other five consecutive years of city-service since he or she last became
a member which such member shall designate.
k. In the event that a correction member, without having previously
retired as such member, shall cease to be a member of the uniformed
correction force and shall enter upon any other form of city-service,
the provisions of subdivision g of section 13-107 of this chapter shall
be inapplicable to such member, and in the event that any benefit shall
become payable under this chapter to such member or to any beneficiary
of such member, while such member is performing any such other form of
city-service, his or her service in the uniformed correction force shall
be credited and treated in the same manner as such other form of
city-service.
l. Nothing contained in this section shall affect or decrease the
amount of the contributions due from any correction member for any
period prior to July first, nineteen hundred sixty-five or give rise to
any right on the part of any such member to a refund of any
contributions made by him or her for any period prior to such date or to
any benefit in lieu of such refund.
m. The provisions of section 13-108 of this chapter shall be
inapplicable to any correction member so long as he or she shall be such
a member.
n. (1) The election by any correction member of optional retirement
after twenty or twenty-five years of allowable service pursuant to the
applicable provisions of subdivisions a, b, c and d of this section
shall constitute a consent and agreement by each member that in the
event that any provision of this section confers, or is adjudged by any
court of competent jurisdiction to confer upon such member any right,
benefit or privilege which is greater than the corresponding right,
benefit or privilege which such member would possess if he or she were,
under the same circumstances, a member of the police force of the city
and a member of the police pension fund maintained pursuant to
subchapter two of chapter two of this title, the legislature shall have
the right and power to enact any law or laws or amendments thereto which
diminish such right, benefit or privilege of such correction member so
that the same becomes equal to such corresponding right, benefit or
privilege which he or she would possess if he or she were a member of
such police pension fund.
(2) In enacting this section, the legislature, in pursuance of the
consent and agreement provided for by paragraph one of this subdivision
n, does hereby reserve to the state of New York and to itself, the right
and power to enact any law or laws or amendments thereto referred to in
such paragraph one.
(3) For the purposes of this subdivision n, if any correction member
was appointed a member of the uniformed correction force prior to March
twenty-ninth, nineteen hundred forty, such police pension fund
maintained pursuant to such subchapter two shall be deemed to have been
in existence on the date of such appointment.
(4) Every written election of optional retirement executed and filed
pursuant to the applicable provisions of subdivisions a, b, c and d of
this section shall contain a copy of this subdivision n; provided,
however, that the omission of such copy from any such written election
shall not invalidate the consent granted and agreement made by such
election, as herein prescribed.
o. (1) Any member who is a member of the uniformed correction force on
the effective date of this subdivision o and at the time of filing an
application as hereinafter in this subdivision provided, may, by a
written application duly executed and acknowledged and filed with the
board prior to January first, nineteen hundred seventy-one, elect to
contribute to the retirement system for the right to be a correction
member, under the terms and conditions set forth in this section and to
retire after twenty or twenty-five years, as he or she may designate, of
allowable service rendered in the uniformed correction force, at a
retirement allowance computed pursuant to the applicable provisions of
this section.
(2) The rate of contribution of any member making such election,
shall, on and after July first, nineteen hundred sixty-five, or on the
date of the commencement of his service both as a member of the
uniformed correction force and as a member of the retirement system,
whichever is later, be that (before any reduction in rate of
contribution to which such member, after such election, may be entitled
by reason of any plan for
pensions-providing-for-increased-take-home-pay) at which, on such later
date applicable to him or her, he or she would have been contributing to
the police pension fund maintained pursuant to subchapter two of chapter
two of this title if (a) he or she were on that date a member of such
police pension fund and (b) he or she had elected, as his or her minimum
period of service for retirement, the minimum period designated by him
or her pursuant to this subdivision o, and (c) he or she had been
appointed to the police force of the city on the date on which he or she
was appointed to the uniformed correction force.
(3) (a) The reserve-for-increased-take-home-pay of any member who
elects to become a correction member pursuant to the provisions of this
subdivision o, shall, upon his or her death or retirement while a
correction member, be reduced by deducting therefrom:
(i) all sums in such reserve, including regular interest thereon,
credited to him or her with respect to any period prior to January
fifth, nineteen hundred sixty-three, during which period he or she was a
member of the uniformed correction force; and
(ii) all sums in such reserve, including regular interest thereon,
credited to him or her with respect to the period from January fifth,
nineteen hundred sixty-three to January twelfth, nineteen hundred
sixty-seven, both dates inclusive, which sums are derived from that part
of a reduced-rate-of-contribution factor in excess of two and one-half
per cent.
(b) Any sums deducted as provided for in subparagraph (a) of this
paragraph three shall be withdrawn from the credit of such member and
shall become the property of the retirement system.
(4) In the case of any member who elects to become a correction member
pursuant to the provisions of this subdivision o, a comparison shall be
made between:
(a) the total amount of the member contributions actually made by him
or her as required contributions, from the date as of which he or she is
required to begin contributing as a correction member under the
provisions of paragraph two of this subdivision o up to the date of
commencement of deductions from his or her compensation at the required
rate of contribution prescribed by such paragraph two; and
(b) the total amount of the required member contributions which he or
she would have made with respect to the period mentioned in subparagraph
(a) of this paragraph four, if he or she had contributed during such
period at the required rate prescribed by such paragraph two.
(5) (a) If the total amount computed pursuant to subparagraph (a) of
paragraph four of this subdivision o is less than the total amount
computed pursuant to subparagraph (b) of such paragraph four, such
member shall contribute the amount of such deficiency, with regular
interest thereon, to the appropriate fund of the retirement system by
deductions from his or her compensation at a rate elected by him or her,
which shall not be less than five per cent of his or her compensation.
The actuarial equivalent of any balance of such deficiency which remains
unpaid at the time any benefit may become payable to or with respect to
such member shall be deducted from the benefit otherwise payable.
(b) If the total amount computed pursuant to subparagraph (a) of
paragraph four of this subdivision o is more than the total amount
computed pursuant to subparagraph (b) of such paragraph four, the amount
of such excess shall be refunded to him or her without interest.
(6) Any member who elects to become a correction member pursuant to
the provisions of this subdivision o shall in no event have or obtain
any right, benefit or privilege which is greater than he or she would
have had or obtained if he or she had elected to become a correction
member at the time when he or she was originally eligible to make such
election.
p. (1) For the purposes of this subdivision p, the following terms
shall mean and include:
(a) "Member of another uniformed force pension plan". A transit police
member, a housing police member or a sanitation member who has elected
and is entitled to the benefits of section 13-160 of this chapter.
(b) "Service as a member of another uniformed force pension plan."
Credited service rendered:
(i) in the uniformed transit police force while a transit police
member; or
(ii) in the housing police service while a housing police member; or
(iii) in the uniformed force of the department of sanitation, while a
member entitled to the benefits of section 13-160 of this chapter.
(2) In any case where:
(a) the minimum period of service for retirement of a correction
member is twenty years, and such member, after last becoming a member of
the retirement system and prior to becoming a correction member, was a
member of another uniformed force pension plan on the basis of election
of twenty years as his or her minimum period of service for retirement;
or
(b) the minimum period of service for retirement of a correction
member is twenty-five years, and such member, after last becoming a
member of the retirement system and prior to becoming a correction
member, was a member of another uniformed force pension plan on the
basis of election of twenty or twenty-five years as his or her minimum
period of service for retirement; such prior service as a member of
another uniformed force pension plan rendered after he or she last
became a member of the retirement system shall be credited to him or her
for all purposes, including eligibility for benefit, as if it had been
rendered in the uniformed correction force while a correction member.
q. (1) Notwithstanding any other provision of this code to the
contrary, any correction member who was a member in city-service on the
effective date of this subdivision and who shall thereafter purchase
service credit pursuant to paragraph two of this subdivision for any
period of continuous city-service in a position in the uniformed
correction force, which period:
(a) next precedes the date on which such member last became a member;
and
(b) begins not earlier than the date six months prior to the date on
which he last became a member; shall be credited with such service for
the purpose of determining the amount of his retirement allowance and in
computing the minimum period of service retirement elected by him.
Service credit used pursuant to this subdivision to satisfy such
requirements shall in no event exceed six months.
(2) A correction member who elects to purchase service credit under
the provisions of paragraph one of this subdivision shall pay into the
annuity savings fund of the retirement system the amount of the employee
contributions required to have been paid into the retirement system for
such service, within one year after this subdivision shall take effect.
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