2006 New York Code - Retirement Of Members Of The Suffolk County Police Force; New Plan.

 
    § 387-a. Retirement of members of the Suffolk county police force; new
  plan.  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." Suffolk county.
    2.  "Police  force."  All  members  of the police department excepting
  those members appointed to render clerical or stenographic,  mechanical,
  chauffeur  or  laboring service exclusively.   Such term, however, shall
  also include every employee of the police department  who  entered  such
  service  prior to January first, nineteen hundred sixty and who has been
  contributing since that  date  in  accordance  with  the  provisions  of
  section eighty-seven of this article.
    3. "Creditable service." Full time police duty as an officer or member
  of such department, or full time police duty or bay constable duty as an
  officer or member of the police force, police department or constabulary
  of  any town, village or police district in the county, or as a criminal
  investigator in the office of the district attorney of Suffolk county or
  full time police duty as a police officer in any city of  the  state  of
  New  York  prior  to  January first, nineteen hundred sixty or as a Long
  Island state park patrolman or a member of the division of state  police
  in the state executive department.
    b.  Every  member of the police force, including the commissioner, who
  enters or re-enters service on the police  force  on  or  after  January
  first,  nineteen hundred sixty-eight, shall contribute to the retirement
  system in the manner provided for by this section. On and after  January
  first,  nineteen  hundred seventy-nine no person may elect to be covered
  under the provisions of this section.
    c. Any member of the police force who is contributing on the basis  of
  retirement  at  age  sixty  or under sections three hundred seventy-one,
  three hundred seventy-one-a, three hundred  seventy-two,  three  hundred
  seventy-five, three hundred eighty-four or three hundred eighty-seven of
  this  article,  may,  on  or  after  September  first,  nineteen hundred
  sixty-seven, and before  January  first,  nineteen  hundred  sixty-nine,
  elect  to come under the provisions of this section. Such election shall
  be in writing and shall be duly executed and filed with the comptroller.
  By such election, such  member  shall  waive  any  and  all  rights  and
  benefits  to  which  he  was  previously  entitled  under sections three
  hundred  seventy-one,  three  hundred   seventy-one-a,   three   hundred
  seventy-two,  three  hundred  seventy-five, three hundred eighty-four or
  three hundred eighty-seven of this article, and  shall  accept  instead,
  the  rights  and  benefits of this section as of January first, nineteen
  hundred sixty-nine. He thereupon shall be given credit for such  service
  and contributions as he was otherwise credited with under sections three
  hundred   seventy-one,   three   hundred  seventy-one-a,  three  hundred
  seventy-two, three hundred seventy-five, three  hundred  eighty-four  or
  three hundred eighty-seven of this article.
    d.  A  member  of  the  police  force  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 twenty-one of this
  article, a proportion of his  compensation  similarly  determined.  Such
  latter  proportion shall be the same as that which was or which would be
  computed under subdivision d of section eighty-seven  of  this  chapter,
  notwithstanding   the  fact  that  such  member  will  be  eligible  for
  retirement after twenty years of creditable service. In no event shall a
  member contribute under this section at a higher rate  than  he  was  or
  would   be  required  to  contribute  under  subdivision  d  of  section
  eighty-seven of this article had this section not been enacted.
    Such member's rate of contribution pursuant to this section  shall  be
  appropriately  reduced pursuant to section 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 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.
    e. No member of the police force shall continue to make  contributions
  after completing twenty years of creditable service.
    f.  A  member  of  the police force, contributing on the basis of this
  section shall be entitled to retire after the completion of twenty years
  of creditable service, or on the first day of the  month  following  the
  attainment  of  the  mandatory  retirement age, by filing an application
  therefor in a manner similar to that provided in section 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  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
  shall be sufficient to provide him with a retirement allowance equal  to
  one-half of his final average salary.
    (2)   Upon  attainment  of  the  mandatory  retirement  age  and  upon
  retirement without completion of twenty years of such service, each such
  member shall receive a pension which  together  with  an  annuity  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,  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.
    Only for the purpose of determining the amount of the pension provided
  in  this subdivision, 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  or  contributions  pursuant  to  waiver  under
  subdivision  j of section twenty-one of this article, 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  police  force,  together
  with   all   other  expenses  of  this  retirement  plan  exceeding  the
  contribution required to be made by members pursuant to subdivision d of
  this section, shall be paid from contributions made  by  the  county  on
  account  of  such  members.  The  actuary of the retirement system shall
  compute the additional contribution for  each  member  who  participates
  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 county executive  of  the
  county.      The   amount  thereof  shall  be  included  in  the  annual
  appropriation of the county for the Suffolk county police.  Such  amount
  shall  be  paid  on the warrant of the county comptroller to the pension
  accumulation fund of the retirement system.
    h.  Every member of the police force except the commissioner of police
  or deputy commissioner of police contributing under this  section  shall
  leave  the  service  on  the  last day of the calendar month in which he
  attains age sixty-two, which shall be his mandatory retirement age.  The
  commissioner  or  deputy commissioner after age sixty-two and before age
  seventy may elect to retire and if he does so the date of his retirement
  shall for the purpose of this section be deemed his mandatory retirement
  age.
    i. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.