New York Laws
Title 9 - Special Retirement Plans Applicable to Specified Classes of Members
89-E - Retirement of Correction Officers of the Westchester County Correction Department; Alternative Eligibility for Retirement.

§ 89-e. Retirement of correction officers of the Westchester county
correction department; alternative eligibility for retirement. a. Any
member who is a correction officer of the Westchester county correction
department shall be eligible to retire pursuant to the provisions of
this section. In addition, any correction officer who is appointed to
the title of deputy commissioner and who, while a correction officer and
prior to such appointment to the title of deputy commissioner, elected
to participate in the plan established pursuant to this section may
elect, upon such appointment to the title of deputy commissioner, to
continue to participate in the plan established pursuant to this
section. Such eligibility shall be an alternative to the eligibility
provisions available under any other plan of this article to which such
member is subject. The chief executive officer of such county shall
certify to the comptroller, in a manner and at such intervals as the
comptroller may require, the identity of such eligible correction
officers, including any eligible deputy commissioners.

b. Such member shall be entitled to retire upon the completion of
twenty-five years of total creditable service by filing an application
therefor in the manner provided for in section seventy of this article.

c. 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
reserved-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.

d. As used in this section "creditable service" shall include any and
all services performed as a correction officer of Westchester county.

e. 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 criminal investigator in
the office of a district attorney, provided that service as such
investigator shall have been rendered prior to January first, nineteen
hundred sixty and that credit therefor shall not exceed five years,
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 the provisions of this
article or article eight of this chapter.

f. A member contributing on the basis of this section at the time of
retirement, shall retire after the completion of twenty-five years of
total creditable service. Application therefor may be filed in a manner
similar to that provided in section seventy of this article. 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.

g. In computing the twenty-five years of total service of a member
pursuant to this section full credit shall be given and full allowance
shall be made for service of such member in time of war after World War
I as defined in section two of this chapter, provided such member at the
time of his entrance into the armed forces was in the service of the
county of Westchester.

h. Nothing herein shall be construed to prevent a member, who does not
retire pursuant to the provisions of this section, from utilizing
service which is creditable service pursuant to the provisions of this
section for service credit pursuant to the provisions of any other plan
of this article to which such member is subject.

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

j. As used in this section, "correction officer" of the Westchester
county correction department means a correction officer, correction
officer-sergeant, correction officer-captain, assistant warden,
associate warden or warden.

k. Notwithstanding any provision of law to the contrary, where a
correction officer would have been entitled to retire pursuant to this
section at the time of his or her death and where his or her death
occurs on or after the effective date of the chapter of the laws of two
thousand twenty-three that added this subdivision, the beneficiary or
beneficiaries may elect to receive, in a lump sum, an amount payable
which shall be equal to the pension reserve that would have been
established had the member retired on the date of his or her death, or
the value of the death benefit and the
reserve-for-increased-take-home-pay, if any, whichever is greater.