Section 89. Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of correctional services or who are security hospital treatment assistants; new plan

a. Any member in
  the uniformed personnel in institutions under the  jurisdiction  of  the
  department  of correctional services, as hereinafter defined, who enters
  or re-enters service on or after the effective date of this section,  or
  who  is  a  security hospital treatment assistant who enters or reenters
  service on or after the  effective  date  of  the  amendment  permitting
  security  hospital  treatment  assistants to be covered by this section,
  shall contribute on the basis provided for by this section.
    b. Any member in the uniformed personnel  in  institutions  under  the
  jurisdiction  of the department of correctional services, as hereinafter
  defined, who entered such service prior to the effective  date  of  this
  section  may,  on or before September first, nineteen hundred sixty-six,
  elect to come under the provisions of this section. Such election  shall
  be in writing and shall be duly executed and filed with the comptroller.
    c.  Any  member  in  the uniformed personnel in institutions under the
  jurisdiction of the department of correctional services, as  hereinafter
  defined,  who  entered  such service prior to the effective date of this
  section, may, on  or  before  December  thirty-first,  nineteen  hundred
  sixty-six,  elect  to  come  under  the provisions of this section. Such
  election shall be in writing and shall be duly executed and  filed  with
  the  comptroller.  Any such member who has made an election as set forth
  herein on or before December thirty-first, nineteen hundred  sixty-five,
  shall  be  permitted  to withdraw the same and in like manner make a new
  election on or before December thirty-first, nineteen hundred sixty-six.
    d. 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 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-one hundredth of
  his final average salary for each year of service as a  member  rendered
  after   May  first,  nineteen  hundred  sixty-five,  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 his employer contributes pursuant to
  such section toward pensions-providing-for-increased-take-home  pay.  No
  such member shall be required to continue contributions after completing
  twenty-five years of such service.
    e.  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 as defined in subdivision
  i of this section, or upon the attainment of age  sixty,  by  filing  an
  application  therefor  in  a  manner similar to that provided in section
  seventy of this article. He thereupon shall  receive,  on  retirement  a
  retirement allowance consisting of:
    1.  An  annuity,  which  shall  be  the  actuarial  equivalent  of his
  accumulated contributions at the time of his retirement, plus,
    2. A pension which, together with such annuity and a pension which  is
  the  actuarial equivalent of the reserves for-increased-take-home pay to
  which he may then be entitled, if any, shall equal one-fiftieth  of  his
  final  average  salary  for  each  year  of  creditable  service  in the
  uniformed personnel  in  institutions  under  the  jurisdiction  of  the
  department  of  correctional  services  or  for  each year of creditable
  service  as  a  security  hospital   treatment   assistant   under   the
  jurisdiction  of  the  office  of mental health, as hereinafter defined.

  This pension shall not exceed the amount needed to make the total amount
  of  the  benefits  provided  under  paragraphs  one  and  two  of   this
  subdivision e equal to one-half of his final average salary.
    3.  An  additional  pension  equal  to  the pension for any creditable
  service rendered while not in the uniformed  personnel  in  institutions
  under  the  jurisdiction  of the department of correctional services and
  rendered while not serving as a security  hospital  treatment  assistant
  under  the  jurisdiction  of the office of mental health, as hereinafter
  defined, as provided under paragraphs two and three of subdivision a  of
  section 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  for
  which he receives credits under this article, and
    (b)  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
  herein, the annuity shall be computed as it would be:
    (aa) if not reduced by the actuarial  equivalent  of  any  outstanding
  loan, and
    (bb)  if  not  increased by the actuarial equivalent of any additional
  contributions, and
    (cc) if 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.
    f.  The  increased  pensions  to members of the uniformed personnel in
  institutions under the jurisdiction of the  department  of  correctional
  services  or  to  members who are security hospital treatment assistants
  under the jurisdiction of the office of mental health,  as  provided  by
  this  section,  shall  be paid from additional contributions made by the
  state on account of such member. 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.
    g. In computing the twenty-five years of completed service of a member
  in the uniformed personnel in institutions under the jurisdiction of the
  department of correctional services or of a member  who  is  a  security
  hospital  treatment  assistant  under  the jurisdiction of the office of
  mental health, as hereinafter defined, full credit shall  be  given  and
  full  allowance  shall  be  made for service of such member in war after
  world war 1 as defined in section two of  this  chapter,  provided  such
  member  at  the  time of his entrance into the armed forces was in state
  service.
    h. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.
    i.  As  used  in  this  section,  "uniformed  persons"  or  "uniformed
  personnel"  in  institutions under the jurisdiction of the department of
  correctional services or "security hospital treatment assistants"  under
  the  jurisdiction  of  the  office  of  mental  health  mean officers or
  employees holding the titles hereinafter set forth in institutions under
  the jurisdiction of the department of correctional services or under the
  jurisdiction  of  the  office  of  mental  health,  namely:   correction
  officers,  prison  guards, correction sergeants, correction lieutenants,
  correction captains, deputy assistant superintendent or  warden,  deputy
  warden  or deputy superintendent, superintendents and wardens, assistant
  director and  director  of  correction  reception  center,  director  of

  correctional   program,  assistant  director  of  correctional  program,
  director of community correctional center, community correctional center
  assistant, correction hospital  officers,  male  or  female,  correction
  hospital senior officers, correction hospital charge officer, correction
  hospital  supervising  officer, correction hospital security supervisor,
  correction  hospital  chief  officer,  correction  youth  camp  officer,
  correction  youth  camp  supervisor,  assistant supervisor, correctional
  camp  superintendent,  assistant   correctional   camp   superintendent,
  director  of  crisis  intervention  unit,  assistant  director of crisis
  intervention unit,  security  hospital  treatment  assistants,  security
  hospital  treatment  assistants  (Spanish  speaking),  security hospital
  senior treatment assistants,  security  hospital  supervising  treatment
  assistants  and  security  hospital  treatment  chiefs. Previous service
  rendered  under  the  titles  by  which  such  positions  were  formerly
  designated and previous service rendered as a narcotic addiction control
  commission  officer shall constitute creditable service. Notwithstanding
  any provision of law to the contrary, any employee of the department  of
  correctional  services  who became enrolled under this section by reason
  of employment  as  a  uniformed  person  in  an  institution  under  the
  jurisdiction  of  the  department  of  correctional  services  shall  be
  entitled to full retirement credit for, and full allowance shall be made
  under this section for the service  of  such  employee,  not  to  exceed
  twelve  years, while assigned to the training academy or central office,
  in  the  following  titles,  namely:  correction   officer,   correction
  sergeant,   correction   lieutenant,  correction  captain,  correctional
  services   investigator,   senior   correctional    services    employee
  investigator,   correctional   services  fire  and  safety  coordinator,
  director of special housing and inmate disciplinary  program,  assistant
  director  of  special housing and inmate disciplinary program, assistant
  chief of  investigations,  director  of  CERT  operations,  correctional
  facility  operations  specialist, director of security staffing project,
  correctional   security   technical   services   specialist,   assistant
  commissioner and deputy commissioner.
    j.  Notwithstanding  any  provisions  of subdivision a, b 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 seventy-three, elect to come under
  the provisions of section seventy-five-h of this article. Such  election
  shall be duly executed and filed with the comptroller.
    k.  Any member who, on or before the effective date of this provision,
  is a security hospital treatment assistant under the jurisdiction of the
  office of mental health may, by filing an election within one year after
  the effective date of  this  provision,  elect  to  be  subject  to  the
  provisions  of this section. Such election shall be in writing, shall be
  duly executed and filed with the comptroller and shall be irrevocable.