2006 New York Code - Retirement Of Members In The Nassau County Police Department.

 
    §  385.  Retirement of members in the Nassau county police department.
  a.  As used in this section, the following words and phrases shall  have
  the following meanings unless a different meaning is plainly required by
  the context:
    1. "County." Nassau county.
    2. "Department." The county police department.
    3.  "Total service in such department." Service in the department, the
  police department or  police  force  of  any  town,  village  or  police
  district  in  the  county, in the office of the sheriff of Nassau county
  prior to April sixteen, nineteen hundred twenty-five, as a  Long  Island
  state  park  patrolman,  or in the division of state police in the state
  executive department.
    b. Any member in the department, including the commissioner of police,
  who  so  elected,  on  or  before  January   first,   nineteen   hundred
  forty-eight,  to  contribute to the New York state employees' retirement
  system pursuant to the provisions of former section eighty-five of  this
  chapter  in  effect  prior to April first, nineteen hundred sixty-seven,
  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  such
  department, or
    2. Attainment of age sixty in the service of such department if  prior
  thereto,
  on  an  allowance  of  one-fiftieth of his final average salary for each
  year of total service in such department not in  excess  of  twenty-five
  years, provided such election was in writing and duly executed and filed
  with the comptroller.
    c.  Every employee who entered or re-entered service in the department
  on or after May sixth, nineteen hundred forty-six,  and  before  January
  first,  nineteen  hundred  forty-eight,  shall  contribute  on the basis
  provided for by  this  section.  Employees  who  entered  or  re-entered
  service  in  the department on and after January first, nineteen hundred
  forty-eight but prior to January first, nineteen hundred sixty-six:
    1. As members of the  police  force  shall  contribute  on  the  basis
  provided for by this section.
    2. Other than as members of the police force, shall not be eligible to
  the benefits of this section.
    d.  Subject to the provisions of subdivisions b and c of this section,
  every employee in the service of such department who is not a member  of
  the  policemen's  and  firemen's retirement system may elect to become a
  member. He thereupon shall contribute to the policemen's  and  firemen's
  retirement  system  under the provisions of this section and be entitled
  to benefits as provided in this  section.  No  such  employee,  however,
  shall  be given credit for service rendered prior to May sixth, nineteen
  hundred forty-six, unless he became a  member  of  the  New  York  state
  employees'  retirement  system  on  or  before  January  first, nineteen
  hundred  forty-eight  and  has  subsequently  become  a  member  of  the
  policemen's  and  firemen's  retirement  system.  Any  such employee who
  became a member of the state employees' retirement system, on or  before
  January first, nineteen hundred forty-eight, and has subsequently become
  a  member  of  the  policemen's and firemen's retirement system shall be
  entitled to credit for past service in  the  department  as  if  he  had
  become  a  member when first eligible. Such employee, however, shall pay
  the contributions he would have made prior to such date had  he  been  a
  member  during  such  service. The amount of such contributions shall be
  paid in a lump sum or in such  installments  as  the  comptroller  shall
  approve.  In lieu of such payment, however, such employee may receive on
  retirement the benefit otherwise provided by  this  section,  less  such
  annuity as is the actuarial equivalent of such unpaid contributions.
    e.  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 esrvice as a member rendered after May sixth,  nineteen  hundred
  forty-six,  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.
    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 department, 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
  the department, 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  such  department
  prior  to  May  sixth, nineteen hundred forty-six. 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  May  sixth,  nineteen  hundred
  forty-six, shall be limited so that the total service in such department
  used  as  a  basis  for  pension  credit  under  this paragraph four and
  paragraph three of this  subdivision  f  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, two and three of
  this subdivision f to one-half of the final average salary, plus
    5. An additional pension equal  to  the  pension  for  any  creditable
  service  rendered  while  not  an employee of the department 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 of service in  the
  department 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 the department.
    6. In the event a member shall continue in service  after  twenty-five
  years of total creditable service in the department 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.
    7.  An  additional  pension,  if  required, of such amount as shall be
  necessary to increase the total  amount  of  the  benefits  provided  by
  paragraphs  one,  two,  three,  four  and five of this subdivision f, to
  one-half of his final average  salary.  The  pension  provided  by  this
  paragraph  shall  be payable only if a member retires from service prior
  to attaining age fifty-nine, provided, however, that in the case of  any
  member  who  has  attained  the age of fifty-nine on or before September
  first, nineteen hundred sixty-eight, to be eligible for  the  additional
  pension  provided by this paragraph, his service shall be terminated and
  he shall be retired on or before December thirty-first, nineteen hundred
  sixty-eight. For the  purpose  of  determining  the  amount  of  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 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.
    g. The increased pensions to members of the department, as provided by
  this  section,  shall  be paid from additional contributions made by the
  county 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.  Upon  approval  by  the  comptroller,  such
  additional contributions  shall  be  certified  by  him  to  the  county
  executive  of  the  county.  The amount thereof shall be included in the
  annual appropriation of the county for county police. Such amount  shall
  be  paid  on  the  warrant  of  the  county  comptroller  to the pension
  accumulation fund of the policemen's and  firemen's  retirement  system.
  Every  member  entering  or  re-entering the department on and after May
  sixth, nineteen hundred forty-six, shall retire on the first day of  the
  calendar month next succeeding his attainment of age fifty-nine.
    h. In computing the twenty-five years of completed service of a member
  in  the  department, 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  dischargd 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 call of the president for Mexican
  border service.
    i.  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 f 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.
    j. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.