New York Laws
Title 9 - Special Retirement Plans Applicable to Specified Classes of Members
89-D - Optional Twenty Year Retirement Plan for Detective Investigators, Criminal Investigators, Senior Criminal Investigators, Confidential Criminal Investi

(b) On and after a county elects to make the benefits provided herein
available, every detective investigator, criminal investigator, senior
criminal investigator, confidential criminal investigator, assistant
criminal investigator and criminal investigator/arson in the office of a
district attorney, entering or re-entering service as such and within
one year from the date of entry or re-entry, may elect to contribute to
the retirement system pursuant to this section. 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.
(c) Elections shall be in writing and shall be duly executed and filed
with the comptroller.
(e) A member who elects or is required to contribute in accordance
with subdivision (a) of this section shall contribute, in lieu of the
proportion of compensation as provided in section 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-eightieth of his final average salary for each year
of creditable service and as a member rendered after the county wherein
he is engaged elected the provisions of this section 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 seventy-a of this
article for such period of time as the county wherein he is engaged
contributes pursuant to such section towards
pensions-providing-for-increased-take-home-pay. Such member's
contribution, reduced as aforesaid, shall also be appropriately further
reduced by any multiple of twenty-five percentum of such contribution,
reduced as aforesaid, which the county wherein he is engaged has elected
to contribute on his behalf in lieu of such member's contributions
pursuant to this subdivision. No such member shall be required to make
contributions after completing twenty years of such service, except as
is provided in subdivision (m) of this section.
(f) (1) A member then covered by the provisions of this section shall
be entitled to retire after the completion of twenty years of total
creditable service and shall retire upon attainment of age sixty-two by
filing an application therefor with the comptroller.
(2) Upon completion of twenty years of such service and upon
retirement, each such member shall receive a pension which, together
with an annuity which is the actuarial equivalent of his accumulated
contributions, if any, 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, if
any, shall be sufficient to provide him with a retirement allowance
equal to one-half of his final average salary.
(3) Upon attainment of the mandatory retirement age of sixty-two
years, and upon retirement without completion of twenty years of such
service, each such member shall receive a pension which together with an
annuity which is 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-fortieth of his final average salary for each year of creditable
service in a district attorney's office. Every such member shall also
be entitled to an additional pension for other service as provided under
paragraphs three and four of subdivision a of section seventy-five of
this article. This latter pension shall not increase the total allowance
to more than one-half of his final average salary.
(4) For the purpose only of determining the amount of the pension
provided in subdivisions (f) and (m) of this section, 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 annuity
contributions to the retirement system in order to apply the amount of
such reduction in payment of his contributions for old-age and survivors
insurance coverage.
(g) The entire additional cost for the increased pensions to members,
as provided by this section, shall be paid from additional contributions
made by the participating employer on account of such members. The
actuary of the 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 retirement
system for such extra pensions. Upon approval of the comptroller, such
additional contributions shall be certified by him to the fiscal officer
of the participating employer. The amount thereof shall be included in
the annual appropriation of the participating employer for its district
attorney's office. Such amount shall be paid to the pension accumulation
fund of the retirement system.
(h) As used in this section "creditable service" shall include all
criminal law enforcement services performed as a detective investigator,
criminal investigator, senior criminal investigator, confidential
criminal investigator, assistant criminal investigator or criminal
investigator/arson in the office of a district attorney, provided,
however, that criminal law enforcement service shall only be creditable
when it aggregates fifty percentum or more of such service.
(i) Credit for service as a member or officer of the state police, or
as a paid firefighter, police officer or officer of any organized fire
department or police force or department of any county, city, village,
town, fire district or police district or as a sheriff, undersheriff or
regular deputy sheriff or as a criminal investigator in the office of a
district attorney, shall also be deemed to be creditable service and
shall be included in computing years of total service for retirement
pursuant to this section, provided such service was performed by the
member while contributing to the retirement system pursuant to this
article or article eight of this chapter.
(j) The county wherein the member is engaged may, in its initial
action taken under this section or subsequent thereto, elect to assume
and pay all or part of the additional cost on account of service
rendered to the county prior to the effective date of such election and,
in addition, may in its initial action taken under this section or
subsequent thereto, elect to assume and pay all or any multiple of
twenty-five per centum of the additional cost on account of service
rendered on and after the effective date of such election. The county
shall pay the additional cost so assumed by any such election by means
of annual contributions which shall be determined by the actuary.
(k) A member contributing on the basis of this section at the time of
retirement, shall be retired on December thirty-first of the year in
which he attains sixty-two years of age. Application therefor may be
filed in a manner similar to that provided in section seventy of this
article.
(l) The benefits of this section shall be available only to those
members whose employer elects to provide such benefits by adopting a
resolution to such effect and filing a certified copy thereof with the
comptroller.
(m) Upon completion of twenty years of total creditable service and
upon retirement, each member covered by the plan provided by this
section shall receive, for each year of creditable service in excess of
twenty, but not more than ten such years, an additional retirement
allowance equal to one-sixtieth of his final average salary for each
such year of such service; provided, however, that this benefit shall be
available only after the county employing such member elects
specifically to provide this benefit. Member contributions, if any,
shall be computed in a manner consistent with subdivision (e) of this
section so as to provide an annuity of one hundred twentieth of final
average salary for each such year of service and employers shall have
the further option to reduce contributions in a manner similar to that
provided in said subdivision (e).
(n) Notwithstanding the provisions of article eleven of this chapter,
a detective investigator, criminal investigator, senior criminal
investigator, confidential criminal investigator, assistant criminal
investigator and criminal investigator/arson in the office of district
attorney that otherwise qualifies for retirement under this section may
retire after the completion of twenty years total creditable service
without regard to age with a retirement allowance equal to one-half of
such persons final average salary.
(o) The provisions of this section shall, subject to the provisions of
section seventy-six of this article, apply to members who, on and after
June first, nineteen hundred eighty-three retire or separate in vested
status from service with a participating employer who has elected to
provide the benefits hereunder.