Section 89-G. Retirement of county correction officers, uniformed correction division personnel, sheriffs, deputy sheriffs and undersheriffs in Nassau county  


Latest version.
  • a. A member employed in Nassau county shall  be  eligible
      to  retire  pursuant  to  the provisions of this section if: (1) he is a
      sheriff or undersheriff, or a deputy sheriff who is engaged directly  in
      criminal  law  enforcement activities; or (2) he is a correction officer
      or a uniformed correction division personnel. Such eligibility shall  be
      an  alternative  to the eligibility provisions available under any other
      plan of this article to which such member is subject.
        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 (1) in
      the case of a sheriff, undersheriff,  correction  officer  or  uniformed
      correction  division  personnel,  any  and  all  services performed as a
      sheriff, undersheriff and/or correction officer or uniformed  correction
      division  personnel  of  Nassau  county and all criminal law enforcement
      services performed  as  a  deputy  sheriff  of  such  county,  provided,
      however,  that criminal law enforcement service shall only be creditable
      when it aggregates fifty per centum or more of his service as  a  deputy
      sheriff  and  (2)  in  the  case  of  a deputy sheriff, all criminal law
      enforcement service shall only be creditable when  it  aggregates  fifty
      per centum or more of such service and any and all services performed as
      a   sheriff,   undersheriff   and/or  correction  officer  or  uniformed
      correction division personnel of such county.
        e. Credit for service as a member or officer of the state police or as
      a paid fireman, policeman 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. The sheriff shall certify to the comptroller, periodically  and  at
      such  intervals of time as may be required of him and in such fashion as
      may be prescribed, the identity of:  (1)  the  deputy  sheriffs  in  the
      sheriff's  employ  who  are engaged directly in criminal law enforcement
      activities; and (2)  the  eligible  correction  officers  and  uniformed
      correction division personnel.
        g.  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.
        h.  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 Nassau.
        i. 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.
        j. The provisions of this section shall be controlling notwithstanding
      any other provision in this article to the contrary.