Section 381. Retirement of members in the division of state police; closed plan

a. Any member in the division of state  police  in  the  executive
  department  who  elected  on  or  before January first, nineteen hundred
  forty-nine, to contribute to the New York  state  employees'  retirement
  system  pursuant  to the provisions of former section eighty-one of this
  chapter in force prior to April  first,  nineteen  hundred  sixty-seven,
  shall  contribute  to the policemen's and firemen's retirement system on
  the basis of retirement upon his:
    1. Completion of twenty-five years of total service in such  division,
  or
    2.  Attainment  of age sixty in the service of such division, if prior
  thereto,
  on an allowance of one-fiftieth of his final  average  salary  for  each
  year  of  total  service  in  such division not in excess of twenty-five
  years, provided such election was in writing and duly executed and filed
  with the comptroller.
    b. Every employee who entered or re-entered service in the division on
  or after April sixteenth, nineteen hundred thirty-eight, and before July
  first, nineteen  hundred  fifty-four,  shall  contribute  on  the  basis
  provided  for  by this section. Every employee who entered or re-entered
  service in such division  on  or  after  July  first,  nineteen  hundred
  fifty-four and before May first, nineteen hundred sixty-one, and who, at
  such time undertakes employment therein:
    1.  As a member or officer of the state police shall contribute on the
  basis provided for by this section and, (in addition to credit  pursuant
  to  subdivision g of this section and for service in war after world war
  I, as defined in section three hundred two of this article, credited  as
  service  as  such  a  member  or  officer), only credit for service as a
  member or officer of the state police shall  be  included  in  computing
  years of state police service for retirement pursuant to this section.
    2.  Other  than  as a member or officer of the state police, shall not
  contribute on the basis provided for by this section and  shall  not  be
  eligible  to  the  benefits  of  this section on the basis of service so
  rendered.
    c. Subject to the provisions of subdivisions a and b of this  section,
  every  employee  in  the service of such division who is not a member of
  the policemen's and firemen's retirement system may elect  to  become  a
  member. He thereupon shall contribute to the retirement system under the
  provisions  of  this  section and be entitled to benefits as provided in
  this section. No such employee,  however,  shall  be  given  credit  for
  service   rendered   prior   to   April   sixteenth,   nineteen  hundred
  thirty-eight,  unless  he  became  a  member  of  the  state  employees'
  retirement   system   on  or  before  January  first,  nineteen  hundred
  forty-nine. Any such employee who becomes a member on or before  January
  first, nineteen hundred forty-nine, shall be entitled to credit for past
  service  in  the  division  as  if  he  had  become  a member when first
  eligible. Such employee, however, shall pay the contributions  he  would
  have  made  prior to such date had he been a member during such service.
  The amount of such contributions shall be paid in a lump sum or in  such
  installments  as the comptroller shall approve. In lieu of such payment,
  however, such employee may receive on retirement the  benefit  otherwise
  provided  by  this  section,  less  such  annuity  as  is  the actuarial
  equivalent of such unpaid contributions.
    d. A member who elected or is required  to  contribute  in  accordance
  with  this  section,  shall  contribute,  in  lieu  of the proportion of
  compensation as provided in section three  hundred  twenty-one  of  this
  article,  a  proportion  of  his compensation similarly determined. Such
  latter proportion shall be computed to provide,  at  the  time  when  he

  shall  first  become  eligible  for  retirement  under  this section, an
  annuity equal to one-one hundredth of his final average salary for  each
  year  of  service  as  a member rendered after April sixteenth, nineteen
  hundred  thirty-eight,  and  prior  to the attainment of the age when he
  shall first become  eligible  for  retirement.  Such  member's  rate  of
  contribution  pursuant  to  this  section shall be appropriately reduced
  pursuant to section three hundred seventy-a of  this  article  for  such
  period  of  time  as  his  employer contributes pursuant to such section
  toward pensions-providing-for-increased-take-home-pay provided, however,
  that such member may by written notice duly acknowledged and filed  with
  the  comptroller make an election to waive such reduction as provided by
  subdivision j of section three hundred twenty-one of this  article.  One
  year  or  more  after the filing thereof, a member may withdraw any such
  election  by  written  notice  duly  acknowledged  and  filed  with  the
  comptroller.  No such member shall be required to continue contributions
  after completing twenty-five years of such service.
    e. A member contributing on the basis of this section at the  time  of
  retirement,  shall  be  entitled  to  retire  after  the  completion  of
  twenty-five years of total creditable service in such division, or  upon
  the  attainment  of  age  sixty,  by filing an application therefor in a
  manner similar to that provided in section three hundred seventy of this
  article.  He  thereupon  shall  receive,  on  retirement,  a  retirement
  allowance consisting of:
    1.  An  annuity  which  shall  be  the  actuarial  equivalent  of  his
  accumulated contributions at the time of his retirement, plus
    2.  A   pension   which   is   the   actuarial   equivalent   of   the
  reserve-for-increased-take-home-pay to which he may then be entitled, if
  any, plus
    3. A pension of one-one hundredth of his final average salary for each
  year of service rendered:
    (a) Since he last became a member, and
    (b)  Prior  to the completion of twenty-five years of total service in
  the division, and
    (c) Toward which he and  his  employer  have  contributed  under  this
  section, plus
    4.  An additional pension of one-fiftieth of his final average salary,
  multiplied by the number of years of total service  in  such  department
  prior  to  April  sixteenth, nineteen hundred thirty-eight. This pension
  shall be payable only if such member  has  had  one  or  more  years  of
  service as a member. The computation of this pension shall be subject to
  the further conditions that:
    (a)  The  service  rendered prior to April sixteenth, nineteen hundred
  thirty-eight, shall be  limited  so  that  the  total  service  in  such
  division  used  as  a basis for pension credit under this paragraph four
  and paragraph three of this subdivision e shall not  exceed  twenty-five
  years, and
    (b)  The  amount  of  the  additional pension payable pursuant to this
  paragraph four shall not exceed the amount needed to increase the  total
  amount  of  the benefits provided under paragraphs one and three of this
  subdivision e to one-half of the final average salary, plus
    5. An additional pension equal  to  the  pension  for  any  creditable
  service rendered while not an employee of the division as provided under
  paragraphs  three  and  four  of  subdivision a of section three hundred
  seventy-five of this article. This pension shall:
    (a) Be payable only if such member has attained age sixty at the  time
  of  retirement and has not completed twenty-five years of service in the
  division for which he receives credit under this article, and

    (b) Not increase the total  allowance  to  more  than  he  would  have
  received had his total service been rendered in the division.
    f.  The  increased pensions to members of the division, as provided by
  this section, shall be paid from additional contributions  made  by  the
  state  on  account  of  such members. The actuary of the policemen's and
  firemen's retirement system shall compute the additional contribution of
  each member who elects the special benefits provided under this section.
  Such  additional  contributions  shall  be  computed  on  the  basis  of
  contributions  during  the prospective service of such member which will
  cover the liability of the policemen's and firemen's  retirement  system
  for  such  extra  pensions.  Upon  approval  by  the  comptroller,  such
  additional contributions shall be certified by him to the superintendent
  of state police. The amount thereof shall  be  included  in  the  annual
  appropriation  of  the state for state police. Such amount shall be paid
  on the warrant of the comptroller to the pension  accumulation  fund  of
  the retirement system.
    g. In computing the twenty-five years of completed service of a member
  in  the division, full credit shall be given and full allowance shall be
  made for service of such member in time of  war  and  service  with  the
  American  expeditionary forces subsequent to November eleventh, nineteen
  hundred  eighteen,  and  prior  to  June  thirtieth,  nineteen   hundred
  nineteen,  of  honorably discharged officers, soldiers, sailors, marines
  and army nurses, who were actual residents of the state at the  time  of
  their  entry  into  the  military  service of the United States, and the
  service of members of the national guard in the military service of  the
  United  States  of  America  pursuant  to  the call of the president for
  Mexican border service.
    h. The provisions of this section shall be controlling notwithstanding
  any provision in this chapter to the contrary.
    i. Notwithstanding any provisions of subdivision b of this section  to
  the  contrary,  an  employee who is required to contribute in accordance
  with this section, but is not a member of the state police, may,  on  or
  before March thirty-first, nineteen hundred seventy-three, elect to come
  under  the  provisions  of  section seventy-five-h of this chapter. Such
  election shall be duly executed and filed with the comptroller.