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

 
    §  387.  Retirement of members in the Suffolk county police force.  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. "Department." Suffolk county police department.
    3.  "Service  in such department." 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
  constable 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  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.   Any   member   in  service  in  such  department,  including  the
  commissioner of police, on January first, nineteen  hundred  sixty,  who
  elected,  on or before July first, nineteen hundred sixty, to contribute
  to the New York state  employees'  retirement  system  pursuant  to  the
  provisions  of  former  section  eighty-seven 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 service in such department, or
    2. Attainment of age sixty in service  in  such  department  if  prior
  thereto, on an allowance of one-fiftieth of his final average salary for
  each  year  of  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. On or  after  January  first,  nineteen  hundred  sixty,  employees
  entering or re-entering service in such department:
    1.  As  members  of  the  police  force, including the commissioner of
  police or deputy commissioner of police, 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. 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  on  and after January first,
  nineteen hundred sixty, and prior to the attainment of the age  when  he
  shall  first  become  eligible  for  retirement. 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 creditable  service  in  such  department  or  upon
  attainment  of  age  sixty,  if  prior thereto, 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 consisting of:
    1.  An  annuity  which  shall  be  the  actuarial  equivalent  of  his
  accumulated contributions at the time of his retirement, plus
    1-a.   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
    2. 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 service in such
  department, and
    (c) Toward which he and  his  employer  have  contributed  under  this
  section, plus
    3.  An additional pension of one-fiftieth of his final average salary,
  multiplied by the number of years of service in such department prior to
  January first, nineteen hundred sixty. 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  shall  be  limited  so  that  the  service  in such
  department used as a basis for pension credit under this paragraph three
  and paragraph two of this subdivision e  shall  not  exceed  twenty-five
  years, and
    (b)  The  amount  of  the  additional pension payable pursuant to this
  paragraph three shall not exceed the amount needed to increase the total
  of  the  benefits  provided  under  paragraphs  one  and  two  of   this
  subdivision e to one-half of the final average salary, plus
    4.  An  additional  pension  equal  to  the pension for any creditable
  service rendered while not an employee of such  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 such
  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 such department.
    f. The increased pensions to members of such 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  the  Suffolk  county police
  department. Such amount shall be paid on the warrant of the  comptroller
  of  the  county  to the pension accumulation fund of the policemen's and
  firemen's retirement system.
    g. In computing the twenty-five years of  completed  service  in  such
  department,  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  service  in  such
  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 the state at the time
  of their entry into military service of the United States.
    h.  Upon  retirement  of  any  member  pursuant  to  this section, any
  additional amounts credited to  the  member's  annuity  savings  account
  purusant  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.  A  member  who  elected or is required to contribute in accordance
  with this section, who does not apply for retirement upon completion  of
  twenty-five  years  of service in such department, may, at the option of
  the commissioner of police of Suffolk county, be separated from  service
  at any time subsequent to the completion of twenty-five years of service
  in such department.
    j. The provisions of this section shall be controlling notwithstanding
  any provisions in this article to the contrary.