2006 New York Code - Optional Twenty Year Retirement Plan For Certain Firemen And Policemen Whose Employer Elects To Provide Same.

 
    §  384-d. Optional twenty year retirement plan for certain firemen and
  policemen whose employer elects to provide same.
    a. Any member of the retirement system who is a fireman, policeman  or
  officer  of  any  organized fire department or organized police force or
  police department of any county, city,  town,  village,  fire  district,
  police district or participating employer may elect to contribute to the
  retirement  system  pursuant  to  this  section within one year after he
  becomes such an officer  or  member,  if  his  employer  has  previously
  elected  to  make the benefits provided herein available to its officers
  and members, or within one year after his employer elects  to  make  the
  benefits provided herein available to its officers and members.
    b.  Elections  made  pursuant  to this section shall be in writing and
  shall be duly acknowledged and filed with the  comptroller.  Any  member
  who  files  such  an  election  pursuant to this section may withdraw it
  after it has been filed for at least a year. Such withdrawal shall be by
  written notice duly acknowledged and filed with the  comptroller.  After
  such withdrawal such member shall contribute to the retirement system as
  otherwise provided in this article.
    c.  A member who elects 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-eightieth of  his
  final average salary for each year of service as a member rendered after
  his  employer  elects  the  provisions of this section, 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.   Such   member's   rate  of  contribution  shall  also  be
  appropriately reduced by any multiple of twenty-five per centum  of  the
  additional  cost  which a member's employer has elected to contribute on
  his behalf in lieu of  such  member's  contributions  pursuant  to  this
  subdivision.
    d.  No  such  member  shall  be  required  to make contributions after
  completing twenty 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
  years of total creditable service in  such  fire  department  or  police
  force  or department, or upon the attainment of age sixty-two, 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, if any, which shall be the actuarial equivalent of his
  accumulated  contributions  at  the  time  of  his  retirement  and   an
  additional   pension   which   is   the   actuarial  equivalent  of  the
  reserve-for-increased-take-home-pay to which he may then be entitled, if
  any, shall be sufficient to provide  him  with  a  retirement  allowance
  equal to one-half of his final average salary.
    (2)  Upon  attainment  of  age  sixty-two  and upon retirement without
  completion of twenty years of  such  service,  each  such  member  shall
  receive a pension which together with an annuity, if any, which shall be
  the actuarial equivalent of his accumulated contributions at the time of
  his  retirement  and  an  additional  pension  which  is  the  actuarial
  equivalent of the reserve-for-increased-take-home-pay to  which  he  may
  then  be  entitled,  if  any,  shall be sufficient to provide him with a
  retirement allowance equal to one-fortieth of his final  average  salary
  for  each  year  of creditable service in such fire department or police
  force or department. 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 such fire department or  police  force
  or department 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.
    For the purpose only of determining the amount of the pension provided
  in  this  subdivision e, the annuity shall be computed as it would be if
  it were not reduced by the actuarial equivalent of any outstanding loan,
  and if it  were  not  increased  by  the  actuarial  equivalent  of  any
  additional  contributions,  and  if it were not reduced by reason of the
  member's  election  to  decrease  his  annuity  contributions   to   the
  retirement  system  in  order  to  apply the amount of such reduction in
  payment  of  his  contributions  for  old-age  and  survivors  insurance
  coverage.
    f.  The  increased  pensions  to  such  members,  as  provided by this
  section, shall  be  paid  from  additional  contributions  made  by  the
  participating  employer  on  account of such members. The actuary of the
  retirement system shall compute the additional contribution required for
  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  of  the   comptroller,   such   additional
  contributions  shall  be  certified  by him to the fiscal officer of the
  participating employer.  The amount thereof shall  be  included  in  the
  annual   appropriation  of  the  participating  employer  for  its  fire
  department and police force or department. Such amount shall be paid  on
  the  warrant  of the fiscal officer of the participating employer to the
  pension accumulation fund of the retirement system.
    g. In computing the twenty years of completed service of a member of a
  police department or fire department, full credit  shall  be  given  for
  military  service as defined in subdivisions twenty-nine-a and thirty of
  section three hundred two of this  chapter.  In  addition,  full  credit
  shall  be  given and full allowance shall be made for prior service in a
  fire department or police force or department, other than the  force  or
  department  in  which  he  is a member at the time of retirement, if his
  employer elects to assume the cost of such prior fire or police  service
  as hereinafter provided.
    The  member's employer, however, by appropriate action, may (a) in its
  initial action under this section, elect to assume all of the additional
  cost on account  of  service  as  an  officer  or  member  of  any  such
  department  or  force  rendered  to such employer prior to the effective
  date of such election and (b) in any  subsequent  action,  as  hereafter
  provided  in  this paragraph, elect to assume all of the additional cost
  on account of previous service as an officer or member of any such other
  department or force and, in addition may in  its  initial  action  under
  this  section, elect to assume any multiple of twenty-five per centum of
  such additional cost  on  account  of  such  service  for  such  current
  employer  rendered  on  and  after  the  effective  date of such initial
  election. Any subsequent election changing the percentage of  additional
  cost  assumed  by  an  employer shall apply only to service rendered for
  such employer on  and  after  the  effective  date  of  such  subsequent
  election.  The  employer shall pay the additional cost so assumed by any
  such election by means of annual contributions which shall be determined
  by the actuary and paid by the  employer  in  the  same  manner  as  the
  contributions  required under section three hundred twenty-three of this
  article. An employer, which in its initial action elected to assume  all
  of  the  additional  cost  on  account  of service only as an officer or
  member of its police or fire department rendered prior to the  effective
  date  of  such  election may elect to assume all of the additional cost,
  including the cost of the necessary actuarial reevaluation on account of
  previous service rendered as an officer or member of any such  organized
  fire  department  or organized police force or department of any county,
  city, town, village, fire district, police  district,  or  participating
  employer other than such employer.
    h.  Upon  retirement  of  any  member  pursuant  to  this section, any
  additional amounts credited to  the  member's  annuity  savings  account
  pursuant  to  subdivision  b  of  section  three  hundred thirty of this
  article shall be treated as excess contributions and shall  be  used  to
  provide  an  annuity  in  addition  to  the  annuity  prescribed by this
  section. Any other amounts credited  to  the  member's  annuity  savings
  account,  except  the  amounts contributed or required to be contributed
  under this section and except such amounts as are  required  to  produce
  the  retirement allowance provided by subdivision e of this section, may
  at the option of the member at the time of retirement  be  withdrawn  or
  used to provide an annuity in addition to the annuity prescribed by this
  section.
    i.  Every  member  contributing  on the basis of this section shall be
  separated from the service on the last day of the  calendar  month  next
  succeeding  the  calendar  month  in  which  he  attains  age sixty-two,
  provided, however, that such a member who attained the age of  sixty-two
  before  his  employer  elected  to  make  the  benefits  provided herein
  available to him, or who attains the age of sixty-two within  one  month
  after  his  employer makes such benefits available, to be eligible for a
  pension computed in accordance with the provisions of subdivision  e  of
  this  section,  shall  be separated from the service within three months
  after his employer makes  such  benefits  available,  or  on  or  before
  December  thirty-first,  nineteen  hundred  sixty-eight, whichever shall
  last occur.
    j. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.
    k. The benefits of this section  shall  be  available  only  to  those
  policemen  and firemen whose employer elects to provide such benefits by
  adopting a resolution to such effect and filing a certified copy thereof
  with the comptroller.
    l. Except for members of the Westchester county department  of  public
  safety  services who are required to contribute to the retirement system
  in the manner provided by  section  three  hundred  eighty-six  of  this
  article,  every member who enters or reenters service in the Westchester
  county department of public safety services  on  or  after  July  first,
  nineteen  hundred  seventy-nine, and who is engaged directly in criminal
  law enforcement activities which aggregate fifty per centum or  more  of
  said  member's service, shall contribute to the retirement system in the
  manner provided for by this section.
    m. Notwithstanding any inconsistent provision  of  law,  if  the  town
  board  of  the  town  of Southampton elects to make the benefits of this
  section available to the members of its police department,  each  member
  of  such  department  shall be separated from service upon completion of
  twenty  years  of  service,  provided,  however, that the town board may
  permit a member to continue in service on  an  annual  basis  after  the
  completion of twenty years of service, but in no event shall such annual
  service  be continued after a member has attained age fifty-five, except
  however, that members of such department who hold the rank  of  sergeant
  or  higher  within such department may be permitted by the town board to
  remain in service until the member has attained age sixty.
    n. Notwithstanding any inconsistent provision of law, if  the  village
  board of the village of Westhampton Beach elects to make the benefits of
  this  section  available  to  the members of its police department, each
  member  of  each  department  shall  be  separated  from  service   upon
  completion  of  twenty  years  of  service,  provided, however, that the
  village board will permit a member to continue in service on  an  annual
  basis  after  the completion of twenty years of service, but in no event
  shall such optional service be continued after a member has attained age
  fifty-five.
    o. Any member of the policemen's and firemen's retirement  system  who
  was  a  member  of the New York state employees' retirement system while
  employed as a police department cadet and whose membership  therein  was
  terminated  by his attaining membership in the policemen's and firemen's
  retirement system, may purchase  credit  in  the  said  policemen's  and
  firemen's retirement system for prior creditable service in the New York
  state  employees'  retirement  system  earned while employed as a police
  department cadet and shall have the period of such prior service  credit
  counted  as  police service for the purpose of determining the amount of
  his pension and retirement allowance and period of  service  needed  for
  retirement.  In  order  to purchase credit pursuant to this subdivision,
  the member shall pay into the pension accumulation fund the contribution
  amount as determined by the comptroller, either in  a  lump  sum  or  in
  installments,  necessary  to  pay  in  full  the  cost  of such previous
  service. If such payment be made in installments, the same shall be paid
  within a period no greater than the number  of  months  of  such  member
  service granted.
    p.  (1) Any member of the policemen's and firemen's retirement system,
  who was a member of the New  York  state  employees'  retirement  system
  while employed as a police department cadet and whose membership therein
  was  terminated  by  his  attaining  membership  in  the policemen's and
  firemen's retirement system, may purchase credit in the said policemen's
  and firemen's retirement system for prior creditable service in the  New
  York  state  employees'  retirement system earned as a police department
  cadet and shall have the period of such prior service credit counted  as
  police  service for the purpose of determining the amount of his pension
  and retirement allowance and period of service needed for retirement. In
  order to purchase credit pursuant to this  subdivision  a  member  shall
  deposit  in  the pension accumulation fund a sum equal to the product of
  the participating employers' normal contribution rate at the time of the
  member's entry into such police department  cadet  service,  his  annual
  rate  of  compensation at that time, and the period of police department
  cadet service being claimed, with regular interest. Such deposit must be
  made within one year of  the  date  of  election  by  the  participating
  employer, provided however, such member may elect to deposit such amount
  over  a  period  of  time no greater than the period for which credit is
  being claimed, in which case such payments must commence within one year
  of the date of election by  the  participating  employer.  If  the  full
  amount of such payments is not paid to the retirement system, the amount
  of  service  credited  shall  be proportional to the total amount of the
  payments made.
    (2)  The  benefit  provided  for  in  paragraph  one  hereof  shall be
  conditioned upon the participating employer electing, within three years
  of the effective date of this subdivision, in a manner similar  to  that
  provided  in  subdivision  a  of  section  three  hundred thirty of this
  article to provide this benefit and assuming the additional cost thereof
  on account of all of the officers and members of  its  organized  police
  force  or  department  who are contributing under the provisions of this
  section. The benefit provided for in paragraph one of  this  subdivision
  shall  be  paid  from  additional  contributions made by the appropriate
  participating employer on account of such members. The  actuary  of  the
  retirement  system  shall  compute the additional contributions for each
  employer who elects to provide the benefits provided under paragraph one
  of this subdivision. Such additional contributions shall be computed  on
  the  basis  of  contributions  during  the  prospective  service of such
  members which will cover the liability of the retirement system for such
  extra pensions.  Upon  approval  of  the  comptroller,  such  additional
  contributions  shall  be  certified  by him to the fiscal officer of the
  participating employer.
    q. Notwithstanding any inconsistent provision of law,  if  any  person
  formerly  employed  as  a paramedic by the town of Tonawanda between the
  period of October seventeenth,  nineteen  hundred  seventy-four  to  May
  fourteenth, nineteen hundred eighty and who became employed by said town
  as  a  police  officer on May fifteenth, nineteen hundred eighty and was
  assigned to the  fifty-five  year  police  retirement  plan  due  to  no
  negligence  of  his  own, desires to join the twenty year plan, he shall
  have six months after the effective date of  this  subdivision  to  make
  application for said transfer.
    r.  The  benefits  hereinabove  provided shall be payable to a member,
  unless at the  date  of  retirement,  such  member  would  otherwise  be
  entitled to a greater benefit under other provisions of this article had
  he  withdrawn  from  this  section, in which event such greater benefits
  shall be payable.
    s. 1. Any member of the city of  Yonkers  police  department  or  fire
  department  who  was  previously  enrolled  in  an  optional twenty year
  retirement plan pursuant to this section and whose  enrollment  in  such
  plan  ceased  upon  transfer  to the retirement plan created pursuant to
  section three  hundred  eighty-eight  of  this  article,  may  elect  to
  re-enroll in the twenty year retirement plan pursuant to this section if
  the  city  council  of  the city of Yonkers elects to make such benefits
  available.
    2. The benefits provided by paragraph one of this subdivision shall be
  conditioned upon the participating employer electing within three  years
  of  the  effective  date of this subdivision, in a manner similar to the
  election stipulated in subdivision b of section three hundred thirty  of
  this article, to provide such benefits and to assume the additional cost
  of  such  benefits  for all officers and members of its organized police
  department  and  fire  department  who  otherwise  transferred  to   the
  retirement  plan  provided by section three hundred eighty-eight of this
  article.
    t. Any member of  the  New  York  state  and  local  police  and  fire
  retirement  system  who  was  a  member  of the New York city employees'
  retirement system while employed as a New York  city  police  department
  trainee  or a New York city transit officer trainee and whose membership
  therein was terminated by his attaining membership in the New York state
  and local police and fire retirement system, may purchase credit in  the
  New  York  state  and  local police and fire retirement system for prior
  creditable service in the New York  city  employees'  retirement  system
  earned  while employed as a police department trainee or transit officer
  trainee  and  shall have the period of such prior service credit counted
  as police service for the purpose  of  determining  the  amount  of  his
  pension  and  retirement  allowance  and  period  of  service needed for
  retirement. In order to purchase credit pursuant  to  this  subdivision,
  the member shall pay into the pension accumulation fund the contribution
  amount  as  determined  by  the  comptroller, either in a lump sum or in
  installments, necessary to  pay  in  full  the  cost  of  such  previous
  service. If such payment be made in installments, the same shall be paid
  within  a  period  no  greater  than the number of months of such member
  service granted.
    * u. (1) Any member of the Nassau  county  police  department  who  is
  enrolled  in  section  three  hundred eighty-five-a of this article, may
  elect to enroll in the twenty year  retirement  plan  pursuant  to  this
  section if Nassau county elects to make such benefits available.
    (2)  The  benefits provided by paragraph one of this subdivision shall
  be conditioned upon the participating  employer  electing  within  three
  years  of the effective date of this subdivision, in a manner similar to
  the election stipulated in subdivision b of section three hundred thirty
  of this article, to provide such benefits and to assume  the  additional
  cost  of  such  benefits  for  all officers and members of its organized
  police department who otherwise would be covered by the retirement  plan
  provided by section three hundred eighty-five-a of this article.
    * NB There are 2 sub u's
    * u.  1.  Any  member  of  the Suffolk county police department who is
  enrolled in the  retirement  plan  provided  by  section  three  hundred
  eighty-seven-a  of  this article, may elect to enroll in the twenty year
  retirement plan pursuant to this section if  Suffolk  county  elects  to
  make such benefits available.
    2. The benefits provided by paragraph one of this subdivision shall be
  conditioned  upon the participating employer electing within three years
  of the effective date of this subdivision, in a manner  similar  to  the
  election  stipulated in subdivision b of section three hundred thirty of
  this article, to provide such benefits and to assume the additional cost
  of such benefits for all officers and members of  its  organized  police
  department  who  otherwise  would  be  covered  by  the  retirement plan
  provided by section three hundred eighty-seven-a of this article.
    * NB There are 2 sub u's
    v. (1)  Notwithstanding  any  inconsistent  provision  of  law,  those
  individuals  employed  as  police  officers  by the village of Freeport,
  specifically Kevin Case, Shawn Randall, Andrew Rhan, Scott  Ballard  and
  Michael  Horne,  and  who  are enrolled in an improved career retirement
  plan authorized pursuant to section three hundred seventy-five-i of this
  article, who for reasons not ascribable to their own  negligence  failed
  to  previously  join  the  twenty  year retirement plan pursuant to this
  section may elect to enroll in such plan  if  the  village  of  Freeport
  elects to make such benefits available.
    (2)  The  benefits provided by paragraph one of this subdivision shall
  be conditioned upon the participating  employer  electing  within  three
  years  of the effective date of this subdivision, in a manner similar to
  the election stipulated in subdivision b of section three hundred thirty
  of this article, to provide such benefits.
    (3) The employer shall have the option of amortizing the cost of  this
  measure over a period of five years.
    w.  Notwithstanding  any  other  provision of law to the contrary, any
  member of the New York state and local police and fire retirement system
  who was a member of the New York state and local  employees'  retirement
  system  while employed as an investigator-trainee, Waterfront Commission
  of New York Harbor, which is not deemed to be  police  service,  who  is
  employed  by  the  Waterfront Commission of New York Harbor, which is an
  employer electing to participate in the optional twenty year  retirement
  plan  pursuant  to  this section shall be deemed to have provided police
  service while so employed by  the  Waterfront  Commission  of  New  York
  Harbor  and  shall  receive creditable service in the New York state and
  local police and fire retirement system for prior creditable service  in
  the  New  York state and local employees' retirement system earned while
  employed as an investigator-trainee and shall have the  period  of  such
  prior  service  credit  counted  as  police  service  for the purpose of
  determining the amount of their pension  and  retirement  allowance  and
  period of service needed for retirement.
    x.  Notwithstanding  any  provision  of  this  section,  service as an
  aircraft  rescue  firefighter   employed   by   the   Niagara   frontier
  transportation authority shall be included for the purposes of computing
  police or fire service for retirement pursuant to this section, provided
  such  authority  has  elected  to  participate in the New York state and
  local police and fire  retirement  system  and  elects  to  provide  the
  benefit of this section.