2006 New York Code - Retirement Of Members Or Officers Of The State Police; Twenty Year Retirement Plan.

 
    § 381-b. Retirement of members or officers of the state police; twenty
  year  retirement  plan.  a.  Membership.  Every member or officer of the
  division of state police in  the  executive  department  who  enters  or
  re-enters  service  in  the  division  on or after April first, nineteen
  hundred sixty-nine shall be covered by the provisions of  this  section,
  and  every  member  or  officer  of  the division of state police in the
  executive department in such service  on  such  date  may  elect  to  be
  covered by the provisions of this section by filing an election therefor
  with  the  comptroller on or before March thirty-first, nineteen hundred
  seventy-two. To be effective, such election must be  duly  executed  and
  acknowledged on a form prepared by the comptroller for that purpose.
    b.  Retirement  allowance. A member, covered by the provisions of this
  section at the time of retirement, shall  be  entitled  to  retire  upon
  completion of twenty years of total creditable service in such division,
  and  shall  retire  upon  the attainment of the mandatory retirement age
  prescribed by this section, by  filing  an  application  therefor  in  a
  manner similar to that provided in section three hundred seventy of this
  article.
    (1)  Upon  completion  of  twenty  years  of  such  service  and  upon
  retirement, each such member shall receive  a  pension  which,  together
  with  an annuity for such years of service as provided in paragraph four
  of  this  subdivision,  shall  be  sufficient  to  provide  him  with  a
  retirement allowance of one-half of his final average salary.
    (2) Upon completion of more than twenty years of such service and upon
  retirement,  each such member shall receive, for each year of service in
  excess of twenty, an additional pension which, together with an  annuity
  for  each  such  year as provided in paragraph four of this subdivision,
  shall be equal to one-sixtieth of his final  average  salary,  provided,
  however,  that  the  pension  payable pursuant to this section shall not
  exceed three-quarters of final average salary.
    (3) Upon attainment of the mandatory retirement age without completion
  of twenty years of such  service,  each  such  member  shall  receive  a
  pension  which,  together  with  an annuity for such years of service as
  provided in paragraph four  of  this  subdivision,  shall  be  equal  to
  one-fortieth  of  his  final  average salary for each year of creditable
  service in such division. Every such member shall also be entitled to an
  additional pension equal to  the  pension  for  any  creditable  service
  rendered  while  not  an  employee  of  the  division  as provided under
  paragraphs three and four of subdivision  a  of  section  three  hundred
  seventy-five of this article. This latter pension shall not increase the
  total allowance to more than one-half of his final average salary.
    (4)  The  annuity provided under paragraphs one, two and three of this
  subdivision  shall  be  the  actuarial  equivalent,  at  the   time   of
  retirement,  of  the  member's  accumulated contributions based upon the
  rate of contribution fixed under the  provisions  of  subdivision  c  of
  section three hundred eighty-one-a of this article and upon the salaries
  earned  while  in  such service rendered after April sixteenth, nineteen
  hundred thirty-eight and prior to April first, nineteen  hundred  sixty.
  Such  annuity shall be computed as it would be if it were not reduced by
  the actuarial equivalent of any outstanding loan nor by  reason  of  the
  member's  election  to  decrease  his contributions toward retirement in
  order to apply the resulting amount toward payment of contributions  for
  old  age  and  survivor's  insurance.  Any  accumulated contributions in
  excess of the amount required to provide the annuity  computed  pursuant
  to  this  paragraph  shall  be  used to increase the member's retirement
  allowance.
    (5)  Notwithstanding  the  provisions  of  this  subdivision,  members
  transferred to the division of state police pursuant to a chapter of the
  laws  of  nineteen  hundred  ninety-seven, upon retirement shall receive
  either the allowances provided by this  subdivision  or  those  provided
  under  the  retirement  system  to which they participated prior to such
  transfer whichever allowance shall be the higher.
    c.  Credit  for  previous  police  service.  (1)  Police  service.  In
  computing the years of total creditable service in such  division,  full
  credit  shall  be  given  and  full  allowance shall be made for service
  rendered as a police officer or member of a police force  or  department
  of  a state park authority or commission or an organized police force or
  department of a county, city, town, village, police district,  authority
  or other participating employer or member of the capital police force in
  the  office of general services while a member of the New York state and
  local police and fire retirement system, of the New York state and local
  employees' retirement system or of the New York city police pension fund
  and for all service for which  full  credit  has  been  given  and  full
  allowance  made  pursuant  to  the  provisions  of section three hundred
  seventy-five-h of this  chapter  provided,  however,  that  full  credit
  pursuant  to the provisions of such section shall mean only such service
  as would be creditable service pursuant to  the  provisions  of  section
  three  hundred  eighty-three  or section three hundred eighty-three-a or
  three  hundred   eighty-three-b   enacted   by   chapter   six   hundred
  seventy-seven of the laws of nineteen hundred eighty-six of this chapter
  or  pursuant  to  the provisions of title thirteen of the administrative
  code of the city of New York for any  member  contributing  pursuant  to
  this section who transferred to the division of state police.
    (2)  State  university police officer service. Upon completion of more
  than twenty years of service, and upon retirement, each such member  who
  was  previously  credited  with service credit in the New York state and
  local employees' retirement system as an officer appointed by the  state
  university  pursuant  to paragraph l of subdivision two of section three
  hundred fifty-five  of  the  education  law  and  who  has  successfully
  completed  a  course  of  law  enforcement  training as provided in such
  section of the education  law  shall  receive  for  each  such  year  of
  previous  service,  up  to  a  total  of  no  greater than five years of
  previous service, additional service credit equal to one-sixtieth of his
  or her final average salary.
    d. Retirement  for  cause.  Upon  receipt  of  a  certificate  of  the
  superintendent   of  state  police,  pursuant  to  section  two  hundred
  twenty-nine of the executive law, a member who has  accrued  twenty-five
  or  more  years of service credit under this section shall be retired on
  the first day  of  the  second  month  next  succeeding  the  date  such
  certificate was filed with the comptroller.
    e.  Mandatory  retirement.  A member subject to the provisions of this
  section shall be retired on December thirty-first of the year  in  which
  he attains fifty-seven years of age.
    Notwithstanding the foregoing, any member who, on August thirty-first,
  nineteen hundred eighty-eight holds any of the below enumerated eligible
  positions  which  on  said  date has a mandatory retirement age of sixty
  years, shall continue to retain such entitlement, provided,  the  member
  remains in such an eligible position on the thirty-first day of December
  in   the  year  in  which  he  attains  fifty-seven  years  of  age  and
  continuously holds an eligible position through the thirty-first day  of
  December in the year he attains sixty years of age. For purposes of this
  section,  eligible  positions  shall  include  only the following: first
  deputy superintendent, deputy superintendent, counsel,  first  assistant
  counsel,  assistant  counsel,  assistant  deputy  superintendent,  chief
  inspector,  deputy  chief  inspector,  lieutenant  bureau  of   criminal
  investigation,   other  than  those  holding  the  competitive  rank  of
  lieutenant,  investigators,  senior  investigators,  and   investigative
  specialist.  The  provisions  of this subdivision shall not apply to the
  superintendent.
    f.  Credit  for  military  service.  In  computing  the years of total
  creditable service in the division of state police 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 police service as defined in subdivision eleven of section
  three hundred two of this article.