2006 New York Code - 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.