2006 New York Code - Retirement Of Members In Regional State Park Police Service.

 
  §  383.  Retirement of members in regional state park police service. a.
  As used in this section the term "regional state  park  police  service"
  shall mean service in full time police duty as a park patrolman, officer
  or member of any police force of a regional state park commission.
    b.  Any  member  of the policemen's and firemen's retirement system in
  regional state park police  service  may  elect  to  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 regional  state
  park police service, or
    2.  Attainment  of age sixty in regional state park police service, if
  prior thereto,
  on an allowance of one-fiftieth of his final  average  salary  for  each
  year  of  total  service  in  regional state park police service, not in
  excess of twenty-five years. Such election shall be in writing and shall
  be duly executed and filed with the comptroller.
    c. Every employee entering or re-entering regional state  park  police
  service  on  or  after  April  first,  nineteen hundred forty-nine shall
  contribute on the basis provided for by this section.
    d. A member who elects 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 April first, 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  provided,  however, that
  such member may by written notice duly acknowledged and filed  with  the
  comptroller  make  an  election  to  waive such reduction as provided by
  subdivision j of section three hundred twenty-one of this  article.  One
  year  or  more  after the filing thereof, a member may withdraw any such
  election  by  written  notice  duly  acknowledged  and  filed  with  the
  comptroller.  No such member shall be required to continue contributions
  after completing twenty-five years of such service.
    e. 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  regional  state  park
  police  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   is   the   actuarial   equivalent   of  the
  reserve-for-increased-take-home-pay to which he may then be entitled, if
  any, plus
    3. A pension of one-one hundredth of his final average salary for each
  year of service rendered:
    (a) Since he last became a member, and
    (b) Prior to the completion of twenty-five years of total  service  in
  regional state park police service, and
    (c)  Toward  which  he  and  his  employer have contributed under this
  section, plus
    4.  An additional pension of one-fiftieth of his final average salary,
  multiplied by the number of years of total  service  in  regional  state
  park  police  service prior to April first, nineteen hundred forty-nine.
  This pension shall be payable only if such member has had  one  or  more
  years  of  service as a member. The computation of this pension shall be
  subject to the further conditions that:
    (a) The service  rendered  prior  to  April  first,  nineteen  hundred
  forty-nine, shall be limited so that the total service in regional state
  park  police  service  used  as  a  basis  for pension credit under this
  paragraph four and paragraph three  of  this  subdivision  e  shall  not
  exceed twenty-five years, and
    (b)  The  amount  of  the  additional pension payable pursuant to this
  paragraph four shall not exceed the amount needed to increase the  total
  amount  of  the benefits provided under paragraphs one and three of this
  subdivision e to one-half of the final average salary, plus
    5. 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 three and four 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 in regional  state
  park police service 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  in  regional  state  park
  police service.
    f.  The increased pensions to any member in regional state park police
  service, as provided by this section,  shall  be  paid  from  additional
  contributions  made by the state on account of such members. The actuary
  of the policemen's and firemen's retirement  system  shall  compute  the
  additional  contribution for each member who elects 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 policemen's and
  firemen's retirement system for such extra pensions, and  upon  approval
  by  the  comptroller, the additional contributions shall be certified by
  the comptroller and shall be included in the annual appropriation to the
  pension accumulation fund of the policemen's  and  firemen's  retirement
  system  in  the manner provided in section three hundred sixteen of this
  article.
    g. In computing the twenty-five years of completed service in regional
  state park police service 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 the
  regional state park police service or a member of the division of  state
  police in the executive department and for service in time of war during
  world   war  I  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  and  marines who were actual residents of
  this 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 for Mexican border service.
    h. 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  (including  service  granted  pursuant  to subdivision g of this
  section and credited as state police service) shall be so allowable.
    i. The provisions of this section shall be controlling notwithstanding
  any provision of this article to the contrary.
    j. Notwithstanding any provision of subdivision b,  c  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 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.