2010 New York Code
RSS - Retirement & Social Security
Article 2 - NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM
Title 9 - (80 - 89-W) SPECIAL RETIREMENT PLANS APPLICABLE TO SPECIFIED CLASSES OF MEMBERS
89-I - Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St. Lawrence county.

§  89-i.  Retirement  of  sheriffs, undersheriffs, deputy sheriffs and
  correction officers in St. Lawrence county.  a. A member employed in St.
  Lawrence county shall be eligible to retire pursuant to  the  provisions
  of  this  section  if:  (1) he is a sheriff or undersheriff, or a deputy
  sheriff who is engaged directly in criminal law enforcement  activities;
  or  (2)  he  is  a  correction  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
  accumulated   contributions  at  the  time  of  his  retirement  and  an
  additional  pension  which  is   the   actuarial   equivalent   of   the
  reserved-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.
    d.  As used in this section "creditable service" shall include: (1) in
  the case of a sheriff, undersheriff or correction officer, any  and  all
  services  performed as a sheriff, undersheriff and/or correction officer
  of St.  Lawrence  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 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 and/or correction 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 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.
    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 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.

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  entrance  into the armed forces was in the service of the
  county of St.  Lawrence.
    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.

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