Section 89-I. Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St  


Latest version.
  • Lawrence county.  a. A member employed in St.
      Lawrence 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.  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 or correction officer, any  and  all
      services  performed as a sheriff, undersheriff and/or correction officer
      of St.  Lawrence  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 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.
        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 St.  Lawrence.
        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.