2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 8 - (290) NEW YORK STATE POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM
Title 10 - (381 - 389) SPECIAL RETIREMENT PLANS APPLICABLE TO SPECIFIED CLASSES OF MEMBERS
383 - Retirement of members in regional state park police service.

 
    § 383. Retirement of members in regional state park police service. a.
  As  used  in  this section the term "regional state park police service"
  shall mean service in full time police duty as a park patrolman, officer
  or member of any police force of a regional state park commission.
    b. Any member of the policemen's and firemen's  retirement  system  in
  regional  state  park  police  service  may  elect  to contribute to the
  policemen's and firemen's retirement system on the basis  of  retirement
  upon his
    1.  Completion of twenty-five years of total service in regional state
  park police service, or
    2. Attainment of age sixty in regional state park police  service,  if
  prior thereto,
  on  an  allowance  of  one-fiftieth of his final average salary for each
  year of total service in regional state  park  police  service,  not  in
  excess of twenty-five years. Such election shall be in writing and shall
  be duly executed and filed with the comptroller.
    c.  Every  employee entering or re-entering regional state park police
  service on or after  April  first,  nineteen  hundred  forty-nine  shall
  contribute on the basis provided for by 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 after April first, nineteen hundred forty-nine and
  prior to the attainment of the age when he shall first  become  eligible
  for  retirement.  Such  member's  rate  of contribution pursuant to this
  section shall be appropriately reduced pursuant to section three hundred
  seventy-a of this article for  such  period  of  time  as  his  employer
  contributes       pursuant       to       such       section      toward
  pensions-providing-for-increased-take-home-pay provided,  however,  that
  such  member  may by written notice duly acknowledged and filed with the
  comptroller make an election to waive  such  reduction  as  provided  by
  subdivision  j  of section three hundred twenty-one of this article. One
  year or more after the filing thereof, a member may  withdraw  any  such
  election  by  written  notice  duly  acknowledged  and  filed  with  the
  comptroller. 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  total  creditable service in regional state park
  police service, or upon the  attainment  of  age  sixty,  by  filing  an
  application  therefor  in  a  manner similar to that provided in section
  three hundred seventy of this article. He  thereupon  shall  receive  on
  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
    2.  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
    3. 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 total service in
  regional state park police service, and

    (c) Toward which he and  his  employer  have  contributed  under  this
  section, plus
    4.  An additional pension of one-fiftieth of his final average salary,
  multiplied by the number of years of total  service  in  regional  state
  park  police  service prior to April first, nineteen hundred forty-nine.
  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  rendered  prior  to  April  first,  nineteen  hundred
  forty-nine, shall be limited so that the total service in regional state
  park  police  service  used  as  a  basis  for pension credit under this
  paragraph four and paragraph three  of  this  subdivision  e  shall  not
  exceed twenty-five years, and
    (b)  The  amount  of  the  additional pension payable pursuant to this
  paragraph four shall not exceed the amount needed to increase the  total
  amount  of  the benefits provided under paragraphs one and three of this
  subdivision e to one-half of the final average salary, plus
    5. An additional pension equal  to  the  pension  for  any  creditable
  service  rendered  while  not  employed  in  regional  state park police
  service 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 in regional  state
  park police service 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  regional  state  park
  police service.
    f.  The increased pensions to any member in regional state park police
  service, as provided by this section,  shall  be  paid  from  additional
  contributions  made by the state 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, and  upon  approval
  by  the  comptroller, the additional contributions shall be certified by
  the comptroller and shall be included in the annual appropriation to the
  pension accumulation fund of the policemen's  and  firemen's  retirement
  system  in  the manner provided in section three hundred sixteen of this
  article.
    g. In computing the twenty-five years of completed service in regional
  state park police service 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 the
  regional state park police service or a member of the division of  state
  police in the executive 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
  this state at the time of their entry into the military service  of  the
  United  States,  and the service of members of the national guard in the
  military service of the United States of America pursuant to the call of
  the president for Mexican border service.
    h. Service in the division  of  the  state  police  in  the  executive
  department  shall be considered allowable service in regional state park

  police service, for the purposes of  this  section,  provided  that  the
  member  pays  or  has  paid  the  required  contributions  and provided,
  further, that in the case of employees entering or re-entering  regional
  state  park  police  service  on  or  after July first, nineteen hundred
  fifty-four, only credit for service as a member or officer of the  state
  police  (including  service  granted  pursuant  to subdivision g of this
  section and credited as state police service) shall be so allowable.
    i. The provisions of this section shall be controlling notwithstanding
  any provision of this article to the contrary.
    j. Notwithstanding any provision of subdivision b,  c  or  i  of  this
  section  to  the contrary, a member who is in the collective negotiating
  unit designated as the security services unit and  established  pursuant
  to  article  fourteen of the civil service law and who has elected or is
  required to contribute in accordance with this section may, on or before
  March thirty-first, nineteen hundred seventy-three, elect to come  under
  the  provisions of section three hundred seventy-five-h of this article.
  Such election shall be duly executed and filed with the comptroller.