Section 89-W. Optional twenty-five year retirement plan for county fire marshals in the county of Nassau

a. A member who  serves  as  a  county
  fire  marshal,  supervising  fire  marshal, fire marshal, assistant fire
  marshal, assistant chief fire marshal  or  chief  fire  marshal  and  is
  employed by the county of Nassau shall be eligible to retire pursuant to
  the provisions of this section. 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  county  executive  of  the
  county  of  Nassau shall certify to the comptroller, periodically and at
  such intervals of time as may be required of him  or  her  and  in  such
  fashion  as  may be prescribed, the identity of the eligible county fire
  marshal,  supervising  fire  marshals,  fire  marshals,  assistant  fire
  marshals,  assistant  chief fire marshals and chief fire marshals in his
  or her employ.
    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  or  her
  accumulated  contributions  at  the time of his or her retirement and an
  additional  pension  which  is   the   actuarial   equivalent   of   the
  reserved-for-increased-take-home-pay  to  which  he  or  she may then be
  entitled shall be sufficient to provide him or  her  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  county  fire  marshal,  supervising  fire
  marshal,  fire  marshal,  assistant  fire  marshal, assistant chief fire
  marshal or chief fire marshal employed by the county of Nassau.
    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 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. 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 or her accumulated
  contributions at the time of his or her  retirement  and  an  additional
  pension     which     is     the    actuarial    equivalent    of    the
  reserved-for-increased-take-home-pay to which he  or  she  may  then  be
  entitled  shall  be  sufficient  to provide him or her with a retirement
  allowance equal to one-half of his or  her  final  average  salary;  for
  service beyond twenty-five years and for non-fire marshal county service
  the  benefit  is  increased  by one-sixtieth of final average salary for
  each year of additional service credit.
    g. 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.

    h. Nothing in this section 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.
    i. The provisions of this section shall be controlling notwithstanding
  any other provision in this article to the contrary.
    j.  Notwithstanding  any  provision  of  this  section or of any other
  provision of law to the contrary, county fire marshals, supervising fire
  marshals, fire marshals, assistant fire marshals, assistant  chief  fire
  marshals and chief fire marshals must serve five years within the Nassau
  county  fire marshal department after the effective date of this section
  before  they  are  eligible  to  retire  under  the  provisions  of  the
  twenty-five year retirement plan.