New York Laws
Title 10 - Special Retirement Plans Applicable to Specified Classes of Members
381-A - Retirement of Members or Officers of the State Police; New Plan.

§ 381-a. Retirement of members or officers of the state police; new
plan. a. Every member or officer of the division of state police in the
executive department who enters or re-enters service in the division on
or after May first, nineteen hundred sixty-one shall contribute to the
police and fire retirement system in the manner provided for by this
section.

b. Every member or officer of the division of state police who entered
such service prior to May first, nineteen hundred sixty-one and who
contributed under former section eighty-one-a of this chapter, in effect
prior to April first, nineteen hundred sixty-seven shall contribute on
the basis provided for by this section.

c. 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 or her compensation similarly determined.
Such latter proportion shall be computed to provide, at the time when he
or she shall first become eligible for retirement under this section, an
annuity equal to one-one hundredth of his or her final average salary
for each year of service as a member of the state employees' retirement
system or the police and fire retirement system rendered after April
sixteenth, nineteen hundred thirty-eight, and prior to the attainment of
the age when he or she 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 or her employer contributes
pursuant to such section toward
pensions-providing-for-increased-take-home-pay. No such member shall
continue to make contributions after completing twenty-five years of
such service.

d. 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 such division, 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.

1. 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.

2. Upon attainment of age sixty and upon retirement without completion
of twenty-five years of such service, 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-fiftieth of his final average salary for each year of
creditable service in such division. Every such member shall also be
entitled to an additional pension equal to the pension for any
creditable service rendered while not an employee of the division as
provided under paragraphs three and four of subdivision a of section
three hundred seventy-five of this article. This latter pension shall
not increase the total allowance to more than one-half of his final
average salary.

For the purpose only of determining the amount of the pension provided
in this subdivision, the annuity shall be computed as it would be if it
were not reduced by the actuarial equivalent of any outstanding loan,
and if it were not increased by the actuarial equivalent of any
additional contributions, and if it were not reduced by reason of the
member's election to decrease his or her annuity contributions to the
police and fire retirement system in order to apply the amount of such
reduction in payment of his or her contributions for old-age and
survivors insurance coverage.

e. The increased pensions to members of the division, as provided by
this section, shall be paid from additional contributions made by the
state on account of such members. The actuary of the police and fire
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 police and fire retirement system
for such extra pensions. Upon approval by the comptroller, such
additional contributions shall be certified by him or her to the
superintendent of state police. The amount thereof shall be included in
the annual appropriation of the state for the division of state police.
Such amount shall be paid on the warrant of the comptroller to the
pension accumulation fund of the police and fire retirement system.

f. In computing the twenty-five years of completed service of a member
in the division, full credit shall be given and full allowance shall be
made for service of such member in time of war 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, marines
and army nurses, who were actual residents of the 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.

g. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.