New York Laws
Title 4 - Funds of the System; Members' Contributions and Employers' Contributions
321 - Members' Contributions and Their Use; Annuity Savings Fund.

(a) His retirement contributions prior to October first, nineteen
hundred forty-three, were based on such higher value of maintenance as
determined by the comptroller and his retirement contributions after
such date were reduced because of the fixation of such lower value of
maintenance, or
(b) His retirement contributions prior to April sixteenth, nineteen
hundred forty-six, were based on such higher value of maintenance as
determined by the board of supervisors of the county of Monroe and his
retirement contributions after such date were reduced because of the
fixation of such lower value of maintenance, or
(c) He was employed by the county of Westchester on March
twenty-ninth, nineteen hundred forty-eight, his retirement contributions
prior to March thirty-first, nineteen hundred forty-seven, were based on
such higher value of maintenance and his retirement contributions after
January first, nineteen hundred forty-eight, were reduced because of the
fixation of such lower value of maintenance, or
(cc) His retirement contributions prior to the initial fixation of the
value of his maintenance pursuant to section two hundred one or section
two hundred five of the county law, were based on such higher value of
maintenance as determined by the comptroller and his retirement
contributions after the date of such fixation were reduced because of
the fixation of such lower value of maintenance, or
(d) He was employed by the county of Onondaga on April twelfth,
nineteen hundred forty-nine, his retirement contributions prior to
December fifteenth, nineteen hundred forty-seven, were based on such
higher value of maintenance and his retirement contributions after
December fifteenth, nineteen hundred forty-seven, were reduced because
of the fixation of such lower value of maintenance, or
(e) He was or shall have been employed in a county or city
tuberculosis hospital which was or shall have been transferred to the
state pursuant to section twenty-two hundred sixty-eight of the public
health law, his retirement contributions prior to such transfer were or
shall have been based on such higher value of maintenance and his
retirement contributions after such transfer were or shall have been
reduced because of the fixation of such lower value of maintenance.
2. Upon filing such election and paying the additional contributions
required thereby, such member shall be entitled to have his pension,
retirement allowance or other rights and privileges in the retirement
system computed in accordance with such gross compensation, provided
that:
(a) In a case covered by subparagraph (a) of paragraph one of this
subdivision h, such election was so filed with the comptroller on or
before April first, nineteen hundred forty-six, and such additional

contributions are paid from and after October first, nineteen hundred
forty-three, or
(b) In a case covered by subparagraph (b) of paragraph one of this
subdivision h, such election was so filed with the comptroller on or
before January first, nineteen hundred forty-eight, and such additional
contributions are paid from and after April sixteenth, nineteen hundred
forty-six, or
(c) In a case covered by subparagraph (c) of paragraph one of this
subdivision h, such election was so filed with the comptroller on or
before January first, nineteen hundred forty-nine, and such additional
contributions are paid from and after March thirty-first, nineteen
hundred forty-seven, or
(cc) In a case covered by subparagraph (cc) of paragraph one of this
subdivision h, such election was so filed with the comptroller on or
before October first, nineteen hundred fifty-five, and such additional
contributions are paid from and after the date of the initial fixation
of the value of his maintenance pursuant to such subparagraph, or
(d) In a case covered by subparagraph (d) or paragraph one of this
subdivision h, such election was so filed with the county auditor on or
before November first, nineteen hundred forty-nine, and such additional
contributions are paid from and after December fifteenth, nineteen
hundred forty-seven, or
(e) In a case covered by subparagraph (e) of paragraph one of this
subdivision h, such election is so filed with the comptroller on or
before April first, nineteen hundred fifty, or within one year after the
date of such transfer, whichever is later, and such additional
contributions are paid from and after the date of such transfer.
3. The gross compensation of such member shall be the amount
established on the basis of such higher value of maintenance.
Contributions based on such gross compensation shall continue to be made
until such member retires or until such election is terminated as
provided in paragraph four of this subdivision h.
4. An election made pursuant to paragraph one of this subdivision h
shall be terminated if and when the compensation of the member,
including cash and the current value of maintenance, shall equal the
gross compensation of such member as fixed on the basis of the higher
value of maintenance described in such paragraph one, provided that:
(a) In a case covered by subparagraph (a) of paragraph one of this
subdivision h, such current value of maintenance shall have been
determined by the director of the budget pursuant to section forty-two
of the civil service law, or
(b) In a case covered by subparagraph (b) of paragraph one of this
subdivision h, such current value of maintenance shall have been
determined by the board of supervisors of the county of Monroe, or
(c) In a case covered by subparagraph (c) of paragraph one of this
subdivision h, such current value of maintenance shall have been
determined by the board of supervisors of the county of Westchester, or
(cc) In a case covered by subparagraph (cc) of paragraph one of this
subdivision h, such current value of maintenance shall have been
determined by the board of supervisors of the county, or
(d) In a case covered by subparagraph (d) of paragraph one of this
subdivision h, such current value of maintenance shall have been
determined by the board of supervisors of Onondaga county, or
(e) In a case covered by subparagraph (e) of paragraph one of this
subdivision h, such current value of maintenance shall have been
determined by the director of the budget pursuant to section one hundred
thirty-five of the civil service law.
i. Additional contributions.

1. Any member of the police and fire retirement system, upon forms
prescribed and furnished by the comptroller, may elect to make
additional contributions at the rate of fifty per centum of his or her
rate of normal contribution for the purpose of purchasing additional
annuity.
2. Additional contributions made pursuant to this subdivision i shall
be included in the member's accumulated contributions, except that in
computing a retirement allowance:
(a) For ordinary disability pursuant to section three hundred
sixty-two of this article, or
(b) In any other case under this article where the inclusion of such
additional contributions in the computation of an annuity would have the
effect of decreasing the amount of a pension that otherwise would be
payable,
such additional contributions shall be treated as excess contributions
and shall be used to provide an annuity in addition to the annuity which
otherwise would be payable in such case. Such additional annuity shall
be computed on the basis of regular interest and the mortality tables
which are used in computing other annuities under this article.
3. One year or more after the filing thereof, a member may withdraw
his election to make additional contributions pursuant to this
subdivision i. Such withdrawal shall be by written notice duly
acknowledged and filed with the comptroller.
j. Where a member's rate of contribution is reduced because his or her
employer contributes toward
pensions-providing-for-increased-take-home-pay pursuant to section three
hundred seventy-a of this article, such member may by written notice
duly acknowledged and filed with the comptroller within one year after
such reduction or within one year after he or she last became a member,
whichever is later, elect to waive such reduction. One year or more
after the filing thereof, a member may withdraw any such waiver by
written notice duly acknowledged and filed with the comptroller. Where a
member makes an election to waive such reduction, he or she shall
contribute to the police and fire retirement system as otherwise
provided in this article.
k. A member in the employ of the state who retires on or after April
first, nineteen hundred seventy-three may elect to withdraw his excess
contributions at the time of his retirement; provided, however, in the
case of persons who last became members on or after July first, nineteen
hundred seventy-three, the provisions of this subdivision shall apply
only to those who retire prior to July first, nineteen hundred
seventy-four. Such election shall be duly executed and filed with the
comptroller. The term excess contributions shall mean accumulated
contributions in excess of the amount thereof necessary to provide the
required pension or retirement allowance specified under the plan
applicable to the member. In no case shall such withdrawal of
contributions result in an increase in the pension benefit. The
provisions of this subdivision shall not apply to a member of the state
police in collective negotiating units established pursuant to article
fourteen of the civil service law.
l. Voluntary contributions. 1. Any member of the police and fire
retirement system who is not otherwise required by law to make
contributions may elect to make voluntary contributions for the purpose
of purchasing additional annuity.
2. Voluntary contributions made pursuant to this subdivision shall be
included in the member's accumulated contributions, except that in
computing a retirement allowance:
(a) For ordinary disability pursuant to section three hundred
sixty-two of this chapter, or
(b) In any other case under this chapter where the inclusion of such
voluntary contributions in the computation of an annuity would have the
effect of decreasing the amount of a pension that otherwise would be
payable,
such voluntary contributions shall be treated as excess contributions
and shall be used to provide an annuity in addition to the annuity which
otherwise would be payable in such case. Such additional annuity shall
be computed on the basis of regular interest and the mortality tables
which are used in computing other annuities under this chapter.
3. Any member electing to make such voluntary contributions shall file
such election with the comptroller on a form prescribed for such purpose
by the comptroller. Such election shall specify a rate of contribution
in a whole number percentage no greater than ten percent of the member's
salary, such contributions to be remitted to the comptroller by regular
payroll deductions from the compensation of the member. The rate of
contribution shall be subject to change by the member only once in any
twelve month period. These contributions may be withdrawn by the member
in accordance with section three hundred fifty-one of this chapter only
once in any twelve month period.
4. Any member electing to make such voluntary contributions may
withdraw his election to make such contributions at any time and thereby
terminate such contributions, provided, however, that such termination
of voluntary contributions shall preclude the member from again electing
to make such contributions for a period of twelve months.
5. Any member electing to make such voluntary contributions pursuant
to this subdivision shall be deemed by such act to have: (a) withdrawn
his election to make additional contributions pursuant to subdivisions i
and j of this section, and (b) made all his excess contributions in
accordance with this subdivision.

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