New York Laws
Title 10 - Special Retirement Plans Applicable to Specified Classes of Members
381 - Retirement of Members in the Division of State Police; Closed Plan.

(a) Since he last became a member, and
(b) Prior to the completion of twenty-five years of total service in
the division, 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 such department
prior to April sixteenth, nineteen hundred thirty-eight. 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 sixteenth, nineteen hundred
thirty-eight, shall be limited so that the total service in such
division 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 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 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 of service in the
division 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 the division.
f. 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 of 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 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 state police. Such amount shall be paid
on the warrant of the comptroller to the pension accumulation fund of
the retirement system.
g. 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.
h. The provisions of this section shall be controlling notwithstanding
any provision in this chapter to the contrary.
i. Notwithstanding any provisions of subdivision b of this section to
the contrary, an employee who is required to contribute in accordance
with this section, but is not a member of the state police, may, on or
before March thirty-first, nineteen hundred seventy-three, elect to come
under the provisions of section seventy-five-h of this chapter. Such
election shall be duly executed and filed with the comptroller.