Section 89-T. Optional twenty-five year retirement plan for county probation officers  


Latest version.
  • a. A member employed by a county shall  be  eligible
      to  retire  pursuant  to  the  provisions  of this section if the county
      elects to make the benefits provided herein  available  as  provided  in
      subdivision  j  of  this  section  and  if  he or she is a peace officer
      employed by a county probation department. Such eligibility shall be  an
      alternative to the eligibility provisions available under any other plan
      of  this  article to which such member is subject. The comptroller shall
      have the authority to include positions herein that comprehend the  same
      duties and responsibilities, but are named differently.
        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 or her final average salary.
        d. As used in this section "creditable service" shall include any  and
      all  services  performed  as  a  peace officer within a county probation
      department.
        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,  or  as  a  probation  assistant  in a county
      probation department, shall also be deemed to be creditable service  and
      shall  be  included  in  computing years of total service for retirement
      pursuant to this section.
        f. The chief executive officer in each county  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
      eligible probation 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  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
      county of his or her employer  that  makes  the  election  provided  for
      herein.
        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.  (1)  Each  county  that  elects pursuant to the provisions of this
      subdivision shall pay the cost attributable therefor.
        (2) The benefits of this section shall  be  available  only  to  those
      members  defined  in subdivisions a and d of this section whose employer
      elects to provide such benefits by adopting a resolution to such  effect
      and   filing  a  certified  copy  thereof  with  the  comptroller.  Such
      resolution may also contain an election that any past  service  cost  be
      paid  over  either a five-year or ten-year period. Such resolution shall
      be accompanied by the affidavit of the chief executive  officer  of  the
      county  that  the  county  has  received an estimate from the retirement
      system of the cost of the benefit provided by this section.
        (3) Such resolution shall apply to all members defined in subdivisions
      a and d of this section, except those already subject  to  a  retirement
      plan  which permits immediate retirement with a benefit upon a specified
      period of service of twenty-five years or less without regard to age.
        k. The provisions of this section shall be controlling notwithstanding
      any other provision in this article to the contrary.
        * NB There are 2 § 89-t's