(i) Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five years of service as a
member of the division of law enforcement in the department of
environmental conservation for which he receives credit under this
article, and
(ii) Not increase the total allowance to more than he would have
received had his total service been rendered as a member of the division
of law enforcement in the department of environmental conservation.
For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
(A) if not reduced by the actuarial equivalent of any outstanding
loan, and
(B) if not increased by the actuarial equivalent of any additional
contributions, and
(C) if not reduced by reason of the member's election to decrease his
annuity contributions to the retirement systems in order to apply the
amount of such reduction in payment of his contributions for old-age and
survivors insurance coverage.
g. The increased pensions to members of the division of law
enforcement in the department of environmental conservation, as provided
by this section, shall be paid from additional contributions made by the
state on account of such members. The actuary of the retirement system
shall compute the additional contribution of 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 retirement system for such extra pensions. Upon
approval by the comptroller, such additional contributions shall be
certified by him to the commissioner of environmental conservation. The
amount thereof shall be included in the annual appropriation of the
state for the department of environmental conservation. Such amount
shall be paid on the warrant of the comptroller to the pension
accumulation fund of the retirement system.
h. In computing the twenty-five years of completed service of a member
of the division of law enforcement in the department of environmental
conservation, 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 or
Mexican border service.
i. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
j. Notwithstanding any provision of subdivision d, e 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 eighty-seven, 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.
* NB There are 2 ยง 383-b's
Structure New York Laws
RSS - Retirement and Social Security
Article 8 - New York State and Local Police and Fire Retirement System
Title 10 - Special Retirement Plans Applicable to Specified Classes of Members
381 - Retirement of Members in the Division of State Police; Closed Plan.
381-A - Retirement of Members or Officers of the State Police; New Plan.
381-B - Retirement of Members or Officers of the State Police; Twenty Year Retirement Plan.
382 - Optional Retirement of Members in the Division of State Police After Twenty Years of Service.
383 - Retirement of Members in Regional State Park Police Service.
383-A - Retirement of Members of the Regional State Park Police; New Plan.
383-B*2 - Retirement of Members of the Capital Police Force in the Office of General Services.
384 - Optional Retirement of Certain Police Officers and Firefighters.
384-A - Additional Pension Benefits for Certain Police Officers After Twenty-Five Years Service.
384-C - Additional Pension Benefits for Certain Police Officers After Twenty-Five Years of Service.
384-E - Additional Pension Benefit for Members of Optional Twenty Year Retirement Plan.
385 - Retirement of Members in the Nassau County Police Department.
385-A - Retirement of Members of the Nassau County Police Force; New Plan.
387 - Retirement of Members in the Suffolk County Police Force.
387-A - Retirement of Members of the Suffolk County Police Force; New Plan.
388 - Retirement of Members in the City of Yonkers Police Force and Fire Department.