2013 New York Consolidated Laws
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-O - Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Greene county.

 
    §  89-o.  Retirement  of  sheriffs, undersheriffs, deputy sheriffs and
  correction officers in Greene county.  a. A member  employed  in  Greene
  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
  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.
    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  Greene 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 Greene.
    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.