2006 New York Code - Retirement Of Sheriffs, Undersheriffs, Deputy Sheriffs, Correction Officers And Identification Officers In Albany County.

 
    §  89-h.  Retirement  of  sheriffs,  undersheriffs,  deputy  sheriffs,
  correction officers and identification officers in Albany county.  a.  A
  member employed in Albany county shall be eligible to retire pursuant to
  the  provisions  of  this  section  if:  (1)  he  or she is a sheriff or
  undersheriff, or a deputy sheriff who is engaged  directly  in  criminal
  law  enforcement activities; or (2) he or she is a correction officer or
  identification officer. Such eligibility shall be an alternative to  the
  eligibility provisions available under any other plan of this article to
  which such member is subject.
    b.  Such  member  shall  be  entitled to retire upon the completion of
  twenty-five years of total creditable service by filing  an  application
  therefor in the manner provided for in section seventy of this article.
    c.  Upon  completion  of  twenty-five  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 or her
  accumulated contributions at the time of his or her  retirement  and  an
  additional   pension   which   is   the   actuarial  equivalent  of  the
  reserved-for-increased-take-home-pay to which he  or  she  may  then  be
  entitled  shall  be  sufficient  to provide him or her with a retirement
  allowance equal to one-half of his or her final average salary.
    d. As used in this section "creditable service" shall include  (1)  in
  the   case   of   a   sheriff,   undersheriff,   correction  officer  or
  identification officer any and all  services  performed  as  a  sheriff,
  undersheriff, correction officer and/or identification officer of Albany
  county  and  all criminal law enforcement services performed as a deputy
  sheriff of such county, provided, however, that criminal law enforcement
  service shall only be creditable when it aggregates fifty per centum  or
  more  of his or her service as a deputy sheriff and (2) in the case of a
  deputy sheriff, all criminal  law  enforcement  service  shall  only  be
  creditable  when  it aggregates fifty per centum or more of such service
  and  any  and  all  services  performed  as  a  sheriff,   undersheriff,
  correction officer and/or identification officer of such county.
    e. Credit for service as a member or officer of the state police or as
  a paid fireman, policeman or officer of any organized fire department or
  police  force  or  department  of  any county, city, village, town, fire
  district or police district, or as a criminal investigator in the office
  of a district attorney, provided that service as such investigator shall
  have been rendered prior to January first, nineteen  hundred  sixty  and
  that  credit  therefor shall not exceed five years, shall also be deemed
  to be creditable service and shall be included  in  computing  years  of
  total  service  for  retirement  pursuant to this section, provided such
  service was performed by the member while contributing to the retirement
  system pursuant to the provisions of this article or  article  eight  of
  this chapter.
    f.  The  sheriff shall certify to the comptroller, periodically and at
  such intervals of time as may be required of him  or  her  and  in  such
  fashion  as  may be prescribed, the identity of: (1) the deputy sheriffs
  in the sheriff's  employ  who  are  engaged  directly  in  criminal  law
  enforcement  activities;  and  (2)  the eligible correction officers and
  identification officers.
    g. A member, contributing on the basis of this section at the time  of
  retirement,  shall  retire  after the completion of twenty-five years of
  total creditable service. Application therefor may be filed in a  manner
  similar  to  that  provided  in  section  seventy  of this article. Upon
  completion of twenty-five 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 or her accumulated
  contributions at the time of his or her  retirement  and  an  additional
  pension     which     is     the    actuarial    equivalent    of    the
  reserve-for-increased-take-home-pay to which  he  or  she  may  then  be
  entitled  shall  be  sufficient  to provide him or her with a retirement
  allowance equal to one-half of his or her final average salary.
    h.  In  computing  the  twenty-five years of total service of a member
  pursuant to this section full credit shall be given and  full  allowance
  shall  be made for service of such member in time of war after World War
  I as defined in section two of this chapter, provided such member at the
  time of his or her entrance into the armed forces was in the service  of
  the county of Albany.
    i. Nothing herein shall be construed to prevent a member, who does not
  retire  pursuant  to  the  provisions  of  this  section, from utilizing
  service which is creditable service pursuant to the provisions  of  this
  section  for service credit pursuant to the provisions of any other plan
  of this article to which such member is subject.
    j. The provisions of this section shall be controlling notwithstanding
  any other provision in this article to the contrary.