There is a newer version of the New York Consolidated Laws
2006 New York Code - Optional Retirement Of Certain Policemen And Firemen.
§ 384. Optional retirement of certain policemen and firemen. a. Any
member of the policemen's and firemen's retirement system who is an
officer or member 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 policemen's and firemen's retirement system on the
basis of retirement upon his completion of twenty-five years of service
as an officer or member of any such force or department on an allowance
of:
1. One-fiftieth of his final average salary for each year of total
service as such officer or member, and
2. One-seventieth of his final average salary for each year of total
service for which he otherwise shall be entitled to credit, but not
exceeding in the aggregate one-half of his final average salary.
b. Any officer or member of such an organized fire department or
organized police force or department may elect to contribute to the
policemen's and firemen's retirement system pursuant to this section
within one year after he becomes such an officer or member, or on or
before January first, nineteen hundred seventy, or within one year after
his employer assumed, or assumes in whole or in part, the additional
cost to the policemen's and firemen's retirement system resulting from
an election pursuant to this section.
bb. On and after April first, nineteen hundred sixty-seven only
firemen, policemen or officers of such a fire department or police force
may elect to contribute to the policemen's and firemen's retirement
system on the basis of retirement pursuant to this section and, as to
members so electing, in addition to service in war after world war I, as
defined in section three hundred two of this article, only credit for
service:
1. As such a fireman, policeman or officer, or
2. As a member or officer of the state police, or
3. In the regional state park police service,
shall be included in computing years of police or fire service for
retirement pursuant to this section.
c. 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 one year. Such withdrawal shall be
by written notice duly acknowledged and filed with the comptroller.
After such withdrawal such member shall contribute to the policemen's
and firemen's retirement system as otherwise provided in this article.
Any member who has contributed the entire additional cost to the
policemen's and firemen's retirement system resulting from an election
pursuant to this section, may withdraw such entire additional amount in
the event that he so withdraws such election.
d. Contributions for additional costs of elections to contribute
pursuant to this section shall be payable as follows:
1. Except as otherwise provided in this subdivision, a member electing
to contribute to the policemen's and firemen's retirement system
pursuant to this section shall pay the entire additional cost to the
policemen's and firemen's retirement system resulting from such election
by means of a rate of contribution. Such rate shall be computed to
provide, upon his completion of twenty-five years of service as an
officer or member of any such department or force, the portion of the
retirement allowance for which he is required to provide pursuant to
this section. Such rate of contribution shall be determined in a manner
similar to that provided in section three hundred twenty-three of this
article and subject to the provisions of paragraph four of this
subdivision, the contributions based thereon shall be paid while such
member is an officer or member of any such department or force.
2. 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 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
service as an officer or member of any such other prior department or
force rendered prior to the effective date of such subsequent election
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, on or before
April first, nineteen hundred sixty-nine, elect to assume all of the
additional cost, including the cost of the necessary actuarial
re-evaluation on account of service rendered prior to the effective date
of the initial action hereunder, 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. Such rate shall be
computed to provide the appropriate pension benefits under paragraph two
of subdivision e of this section.
3. Where the employer elected or elects to assume fifty per centum of
the additional cost on account of service rendered on and after the
effective date of any such election, the member shall thereafter
contribute at a rate computed by the actuary to provide, upon retirement
after twenty-five years of service as an officer or member of any such
department or force or upon the attainment of age sixty with less than
twenty-five years of such service, an annuity of one-one hundredth of
final average salary for each year of such service rendered on and after
the effective date of such election. If the employer assumed or assumes
a percentage other than fifty per centum of the additional cost on
account of service rendered on and after the effective date of any such
election, the member's rate of contribution shall be modified so that it
is computed to provide the portion of the retirement allowance for which
he is required to provide.
Such member's rate of contribution pursuant to this subdivision d
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.
4. No such member shall be required to continue contributions after
completing twenty-five years of such service.
5. For actuarial purposes relative to rates or amounts of
contributions to the funds of the policemen's and firemen's retirement
system, service of a member making an election pursuant to this section
shall, as to his service and status subsequent thereto, be deemed
continuous and constant. If the continuity of such service be
interrupted or such status be changed, however, appropriate changes as
may be necessary for actuarial purposes shall be made in such rates and
amounts.
e. Computation of retirement allowances pursuant to this section.
1. Computation of retirement allowance where member has elected to pay
the entire additional cost:
A member who has elected to contribute pursuant to this section and
who has made the contributions required by this section shall be
entitled to retire on or after his completion of twenty-five years of
service as an officer or member of any such fire department, police
force or police department, or upon the attainment of age sixty with
less than twenty-five years of such service, by filing an application
therefor in a manner similar to that provided in section three hundred
seventy of this article. He thereupon shall receive, upon retirement, a
retirement allowance which shall not exceed one-half of his final
average salary. Such retirement allowance shall consist of:
(a) An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
(b) A pension which is the actuarial equivalent of the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, and
(c) A pension of one-one hundredth of his final average salary for
each year of service as an officer or member of any such fire
department, police force or police department, and
(d) An additional pension of one-one hundred fortieth of his final
average salary for each year of member service for which he otherwise
shall be entitled to credit and which was earned by him since he last
become a member, and
(e) If he has had one or more years of service as a member, an
additional pension which shall be equal to one-fiftieth of his final
average salary for each year of prior service as an officer or member of
any such fire department, police force or police department, plus
one-seventieth of his final average salary for each year of prior
service to which he otherwise shall be entitled to credit.
(f) Upon completion of twenty-five years service, an additional
pension, if required, of such amount as shall be necessary to increase
the total amount of the benefits provided herein to one-half of his
final average salary. The pension provided by this sub-paragraph shall
be payable only if a member retires from service on or before the last
day of the calendar month next succeeding the calendar month in which he
attains age sixty-two. Provided, however, that in the case of any member
who attained the age of sixty-two on or before July first, nineteen
hundred sixty-six, to be eligible for additional pension credit under
this sub-paragraph, his service shall be terminated and he shall retire
on or before December thirty-first, nineteen hundred sixty-seven. For
the purpose only of determining the amount of the pension provided in
this paragraph, 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.
2. Computation of retirement allowance where employer has elected to
pay all or part of the additional cost:
A member who has elected to contribute pursuant to this section and
who has made the contributions required by this section, and whose
employer has by appropriate action elected to pay all or part of the
additional cost of the benefits provided by this section, shall be
entitled to retire on or after his completion of twenty-five years of
service as an officer or member of any such fire department, police
force or police department, or upon the attainment of age sixty with
less than twenty-five years of such service, by filing an application
therefor in a manner similar to that provided in section three hundred
seventy of this article. He thereupon shall receive, upon retirement, a
retirement allowance which shall not exceed one-half of his final
average salary. Such retirement allowance shall consist of:
(a) An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
(b) A pension which the actuarial equivalent of the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, and
(c) A pension for each year of service as an officer or member of any
such fire department, police force or police department, rendered on and
after the effective date of the employer's election under this section,
computed pursuant to the one of the following four formulae which is
appropriate:
(1) If his employer elected to pay twenty-five per centum of the
additional cost on account of such service rendered on and after the
effective date of such election, such pension shall be six-seven
hundredths (6/700) of his final average salary for each year of such
service after such date, or
(2) If his employer elected to pay fifty per centum of the additional
cost on account of such service rendered on and after the effective date
of such election, such pension shall be one-one hundredth (1/100) of his
final average salary for each year of such service after such date, or
(3) If his employer elected to pay seventy-five per centum of the
additional cost on account of such service rendered on and after the
effective date of such election, such pension shall be eight-seven
hundredths (8/700) of his final average salary for each year of such
service after such date, or
(4) If his employer elected to pay one hundred per centum of the
additional cost on account of such service rendered on and after the
effective date of such election, such pension shall be nine-seven
hundredths (9/700) of his final average salary for each year of such
service after such date, and
(d) An additional pension for such service, exclusive of prior
service, rendered before the effective date of the employer's initial
election under this section, of one-fiftieth of his final average salary
for each year of such service, minus a sum equal to the annuity provided
out of the normal contributions, with accumulated interest thereon, made
by the member during such period and minus a sum which is the actuarial
equivalent of the reduction in his contributions pursuant to the
provisions of section three hundred seventy-a of this article, if any,
during such period, with regular interest thereon, and
(e) An additional pension of one-one hundred fortieth of his final
average salary for each year of member service for which he otherwise
shall be entitled to credit and which was earned by him since he last
became a member, and
(f) If he has had one or more years of service as a member, an
additional pension which shall be equal to one-fiftieth of his final
average salary for each year of such service, which is credited as prior
service, plus one-seventieth of his final average salary for each year
of prior service for which he otherwise shall be entitled to credit.
(g) Upon completion of twenty-five years service, an additional
pension, if required, of such amount as shall be necessary to increase
the total amount of the benefits provided herein to one-half of his
final average salary. The pension provided by this sub-paragraph shall
be payable only if a member retires from service on or before the last
day of the calendar month next succeeding the calendar month in which he
attains age sixty-two. Provided, however, that in the case of any member
who attained the age of sixty-two before or within one month after his
employer first elected to assume all or part of the additional cost of
service as provided by paragraph two of subdivision d of this section,
to be eligible for additional pension credit under this sub-paragraph,
his service shall be terminated and he shall retire within three months
after his employer so elects or on or before December thirty-first,
nineteen hundred sixty-eight, whichever shall last occur.
For the purpose only of determining the amount of the pension provided
in this paragraph, 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 said reduction in
payment of his contributions for old-age and survivors insurance
coverage.
f. In the event a member shall continue in service after twenty-five
years of total creditable service, as defined in subdivision bb of this
section, there shall be added to his pension upon retirement a sum equal
to one-sixtieth of his final average salary for each completed
additional year of service after twenty-five years.
g. The increased pension provided for in subdivision f hereof shall be
conditioned upon the participating employer electing in a manner similar
to that provided in subdivision a of section three hundred thirty of
this article to provide this added benefit and assuming the additional
cost thereof on account of all of the officers and members of its
organized fire department or organized police force or department who
are contributing under the provisions of this section. Such increased
pensions to the members in either department 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 special benefits provided under subdivision f of this
section. 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.
The amount thereof shall be included in the annual appropriation of the
participating employer for its police and fire departments. 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.
h. Any officer or member of such organized fire department or
organized police force or department, may, within one year after he
becomes such officer or member or within one year after his employer
assumes the additional cost therefor, whichever shall last occur, elect
to receive the additional benefits provided for by subdivision f hereof.
Any officer or member who elects to receive such benefits shall be
separated from service on the first day of the calendar month next
succeeding his attainment of age sixty-two and the completion of
twenty-five years of service, provided, however, that in the case of any
officer or member who attained the age of sixty-two before his employer
assumed the additional cost therefor, or who attains the age of
sixty-two within one month after his employer assumes the additional
cost therefor, to be eligible for additional pension credit under
subdivision f of this section, his service shall be terminated and he
shall be retired within three months after his employer assumes the
additional cost therefor or on or before December thirty-first, nineteen
hundred sixty-eight, whichever shall last occur, and provided further
that a member who is a chief or commanding officer of a police
department or police force shall retire on the first day of the calendar
month next succeeding his attainment of age sixty-five; a member who is
a chief or commanding officer of a police department or police force,
who attained age sixty-five before his employer elected to provide this
added benefit and has rendered twenty-five years of total creditable
service, shall retire on or before December thirty-first, nineteen
hundred sixty-eight, or within one year after his employer assumes the
additional cost therefor, whichever shall last occur.
i. In lieu of the provisions of subdivisions f, g and h and in the
event a member shall continue in service after twenty-five years of
total creditable service, as defined in subdivision bb of this section,
there shall be added to his pension upon retirement a sum equal to
one-one hundred twentieth of his final average salary for each completed
additional year of service after twenty-five years.
j. The increased pension provided for in subdivision i hereof shall be
conditioned upon the participating employer electing in a manner similar
to that provided in subdivision a of section three hundred thirty of
this article to provide this added benefit and assuming the additional
cost thereof on account of all of the officers and members of its
organized fire department or organized police force or department who
are contributing under the provisions of this section. Such increased
pensions to the members in either department 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 special benefits provided under subdivision i of this
section. 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.
The amount thereof shall be included in the annual appropriation of the
participating employer for its police and fire departments. 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.
k. Any officer or member of such organized fire department or
organized police force or department, may, within one year after he
becomes such officer or member or within one year after his employer
assumes the additional cost therefor, whichever shall last occur, elect
to receive the additional benefits provided for by subdivision i hereof.
Any officer or member who elects to receive such benefits shall be
separated from service on the first day of the calendar month next
succeeding his attainment of age sixty-two and the completion of
twenty-five years of service, provided, however, that in the case of any
officer or member who attained the age of sixty-two before his employer
assumed the additional cost therefor, or who attains the age of
sixty-two within one month after his employer assumes the additional
cost therefor, to be eligible for additional pension credit under
subdivision i of this section, his service shall be terminated and he
shall be retired within three months after his employer assumes the
additional cost therefor, or on or before December thirty-first,
nineteen hundred sixty-eight, whichever shall last occur, and provided
further that a member who is a chief or commanding officer of a police
department or police force shall retire on the first day of the calendar
month next succeeding his attainment of age sixty-five; a member who is
a chief or commanding officer of a police department or police force,
who attained age sixty-five before his employer elected to provide this
added benefit and has rendered twenty-five years of total creditable
service, shall retire on or before December thirty-first, nineteen
hundred sixty-eight, or within one year after his employer assumes the
additional cost therefor, whichever shall last occur.
l. 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.
m. Service in the division of state police in the executive department
shall be considered allowable service in an organized fire department or
an organized police force or police department for the purpose of this
section, provided that the member pays or has paid the required
contributions.
n. Notwithstanding any provision of subdivision bb or g of this
section, service as a fire chief-airport, firefighter-airport, and fire
captain-airport of the county of Monroe shall be included for the
purpose of computing police or fire service for retirement pursuant to
this section, provided the county of Monroe has elected to participate
in the New York state and local police and fire retirement system on the
behalf of its fire chief-airport, firefighters-airport, and fire
captains-airport and elects to provide the benefit of this section.
o. 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.
o. 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.
p. Notwithstanding any provision of this section, service as an
aircraft rescue firefighter employed by the Niagara frontier
transportation authority shall be included for the purpose 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 on the behalf of its aircraft
rescue firefighters and elects to provide the benefit of this section.
q. The provisions of this section shall be controlling notwithstanding
any provision of this article to the contrary.
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