Section 381-A. Retirement of members or officers of the state police; new plan  


Latest version.
  • a. Every member or officer of the division of state police in  the
      executive  department who enters or re-enters service in the division on
      or after May first, nineteen hundred sixty-one shall contribute  to  the
      policemen's  and  firemen's retirement system in the manner provided for
      by this section.
        b. Every member or officer of the division of state police who entered
      such service prior to May first,  nineteen  hundred  sixty-one  and  who
      contributed under former section eighty-one-a of this chapter, in effect
      prior  to  April first, nineteen hundred sixty-seven shall contribute on
      the basis provided for by this section.
        c. A member who elects 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 of the state employees' retirement system or
      the policemen's and firemen's retirement  system  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.  No  such  member  shall
      continue  to  make  contributions  after completing twenty-five years of
      such service.
        d. 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.
        1. 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.
        2. Upon attainment of age sixty and upon retirement without completion
      of  twenty-five  years of such service, 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-fiftieth of his final  average  salary  for  each  year  of
      creditable  service  in  such  division. Every such member shall also be
      entitled  to  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 latter pension shall
      not increase the total allowance to more  than  one-half  of  his  final
      average salary.
    
        For the purpose only of determining the amount of the pension provided
      in  this subdivision, the annuity shall be computed as it would be if it
      were not reduced by the actuarial equivalent of  any  outstanding  loan,
      and  if  it  were  not  increased  by  the  actuarial  equivalent of any
      additional  contributions,  and  if it were not reduced by reason of the
      member's  election  to  decrease  his  annuity  contributions   to   the
      policemen's and firemen's retirement system in order to apply the amount
      of  such  reduction  in  payment  of  his  contributions for old-age and
      survivors insurance coverage.
        e. 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
      required for each member who elects  to  receive  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 the division of
      state  police.  Such  amount  shall  be  paid  on  the  warrant  of  the
      comptroller  to  the  pension  accumulation  fund of the policemen's and
      firemen's retirement system.
        f. 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.
        g. The provisions of this section shall be controlling notwithstanding
      any provision in this article to the contrary.