Section 89-L. Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Orleans county  


Latest version.
  • a. A member employed in  Orleans
      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 Orleans 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 Orleans.
        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.