Section 89-Q. Retirement of traffic officers with the town of Elmira  


Latest version.
  • a. A
      member employed as a traffic officer with the  town  of  Elmira  traffic
      district  number  one  shall  be  eligible  to  retire  pursuant  to the
      provisions of this section if he is a traffic officer  or  holds  a  job
      with  responsibilities  similar  to  those  of a traffic officer, in the
      event that the job title of traffic officer  shall  be  abolished.  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 any  and
      all  services  performed  as  a  traffic officer with the town of Elmira
      traffic district number one.
        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,  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 town of Elmira shall certify to the  comptroller,  periodically
      and  at such intervals of time as may be required and in such fashion as
      may be prescribed, the identity of the traffic officers in its employ.
        g. A member contributing on the basis of this section at the  time  of
      retirement,  may  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  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.
        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
      town of Elmira.
        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.