Section 89-M. Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Broome county  


Latest version.
  • a. A member  employed  in  Broome
      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  this  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  Broome 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 firemen, 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 Broome.
        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.