2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 14-B - (550 - 560) SPECIAL RETIREMENT PLANS FOR SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS ENGAGED IN LAW ENFORCEMENT ACTIVITIES
552 - Optional twenty year retirement plan for certain members whose employer elects to provide same.

 
    §  552. Optional twenty year retirement plan for certain members whose
  employer elects to provide same.  a. Any member of the retirement system
  may elect to become a member pursuant to the provisions of this  section
  within one year after he or she becomes a member, if his or her employer
  has  elected  to make the benefits provided herein available to members,
  or within one year after his or her employer elects to make the benefits
  provided herein available to its members.
    b. Elections made pursuant to this section shall  be  in  writing  and
  shall  be  duly acknowledged and filed with the comptroller.  Any member
  who files such an election pursuant to  this  section  may  withdraw  it
  after it has been filed for at least a year. Such withdrawal shall be by
  written notice duly acknowledged and filed with the comptroller.
    c.  A member participating on the basis of this section at the time of
  retirement, shall be entitled to retire after the completion  of  twenty
  years  of  total  creditable  service  or  upon  the  attainment  of age
  sixty-two, by filing an application therefor in a manner similar to that
  provided in this chapter.
    1.  Upon  completion  of  twenty  years  of  such  service  and   upon
  retirement,  each  such  member  shall  receive  a pension sufficient to
  provide him or her with a retirement allowance equal to one-fortieth  of
  his  or  her  final  average  salary  for  each year of total creditable
  service for which he or she is otherwise entitled but not  exceeding  in
  the aggregate one-half of his or her final average salary.
    2.  Upon  attainment  of  age  sixty-two  and  upon retirement without
  completion of twenty years of  such  service,  each  such  member  shall
  receive  a  pension  sufficient  to provide him or her with a retirement
  allowance equal to one-fortieth of his or her final average  salary  for
  each  year  of  creditable  service.  Every  such  member  shall also be
  entitled to an additional pension equal to the  pension  for  any  other
  creditable  service  rendered as otherwise provided for in this chapter.
  This latter pension shall not increase the total allowance to more  than
  one-half of his or her final average salary.
    d.  The  increased  pensions  to  such  members,  as  provided by this
  section, shall  be  paid  from  additional  contributions  made  by  the
  participating  employer  on  account of such members. The actuary of the
  retirement system shall compute the additional contribution required for
  each member who elects to receive 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 retirement system for such extra
  pensions.  Upon   approval   of   the   comptroller,   such   additional
  contributions  shall  be  certified  by  him  or her to the chief fiscal
  officer of the participating  employer.  The  amount  thereof  shall  be
  included in the annual appropriation of the participating employer. Such
  amount  shall  be paid on the warrant of the chief fiscal officer of the
  participating  employer  to  the  pension  accumulation  fund   of   the
  retirement system.
    e.  In  computing  the  twenty years of completed service of a member,
  full  credit  shall  be  given  for  military  service  as  defined   in
  subdivisions  twenty-nine-a  and  thirty of section three hundred two of
  this chapter.
    f. Every member participating on the basis of this  section  shall  be
  separated  from  the  service on the last day of the calendar month next
  succeeding the calendar month in which he or she attains age  sixty-two,
  provided,  however, that such a member who attained the age of sixty-two
  before his or her employer elected to make the benefits provided  herein
  available  to him or her, or who attains the age of sixty-two within one
  month after his or her employer makes such  benefits  available,  to  be

  eligible  for  a  pension  computed in accordance with the provisions of
  this section, shall be separated from the service  within  three  months
  after his or her employer makes such benefits available.
    g. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.
    h.  The  benefits  of  this  section  shall be available only to those
  members whose employer elects to provide such  benefits  by  adopting  a
  resolution  to  such effect and filing a certified copy thereof with the
  comptroller.
    i. The benefits hereinabove provided shall be  payable  to  a  member,
  unless  at  the  date  of  retirement,  such  member  would otherwise be
  entitled to a greater benefit under other provisions of this chapter had
  he or she withdrawn from this  section,  in  which  event  such  greater
  benefits shall be payable.
    j. As used in this section "creditable service" shall include, any and
  all  services  performed  as  a sheriff, undersheriff or deputy sheriff,
  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. 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.
    k.  As  used  in this section, "creditable service" shall also include
  any and all services performed as an employee  of  the  Columbia  county
  sheriff's  department, provided that such employment was performed on or
  before December thirty-first, nineteen hundred ninety-five and  provided
  that  on  that date the employee was performing criminal law enforcement
  duties in the Columbia county sheriff's department.