2006 New York Code - Retirement Of Members Of The Capital Police Force In The Office Of General Services.

 
    * §  383-b.  Retirement  of members of the capital police force in the
  office of general services.  a.  As  used  in  this  section,  the  term
  "members  of the capital police force in the office of general services"
  shall mean service in full time police duty as a sworn police officer of
  the capital police force in the office of general services.
    b. Notwithstanding any other provision of law providing for  transfers
  between  retirement  systems,  any  sworn  police officer of the capital
  police force in the office of general services who is a  member  of  the
  New York state employees' retirement system may transfer to the New York
  state  policemen's  and  firemen's  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 capital police force in  the  office  of  general
  services  who  elects  or  is  required to contribute under this section
  shall contribute to the policemen's and firemen's retirement  system  on
  the basis of retirement upon his:
    1.  Completion  of  twenty-five  years of total service in the capital
  police force in the office of general services, or
    2. Attainment of age sixty in the capital police force in  the  office
  of  general  services, if prior thereto, on an allowance of one-fiftieth
  of his final average salary for  each  year  of  total  service  in  the
  capital  police force in the office of general services 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 capital police force in
  the office of general services  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; and
    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 of
  this subdivision 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 capital police force in the
  office of general services 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 capital police force in the office of general services 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  capital
  police force in the office of general services.
    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 capital police force in
  the office of general services, 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 the office of general services. The amount thereof shall be  included
  in  the  annual  appropriation  of  the office of general services. 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  capital  police  force  in the office of general services, 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 of 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-f of this  article.
  Such election shall be duly executed and filed with the comptroller.
    * NB There are 2 § 383-b's