Section 384. Optional retirement of certain policemen and firemen  


Latest version.
  • a. Any
      member of the policemen's and firemen's  retirement  system  who  is  an
      officer  or  member of any organized fire department or organized police
      force or police department of any  county,  city,  town,  village,  fire
      district,  police  district  or  participating  employer  may  elect  to
      contribute to the policemen's and firemen's  retirement  system  on  the
      basis  of retirement upon his completion of twenty-five years of service
      as an officer or member of any such force or department on an  allowance
      of:
        1.  One-fiftieth  of  his  final average salary for each year of total
      service as such officer or member, and
        2. One-seventieth of his final average salary for each year  of  total
      service  for  which  he  otherwise  shall be entitled to credit, but not
      exceeding in the aggregate one-half of his final average salary.
        b. Any officer or member of  such  an  organized  fire  department  or
      organized  police  force  or  department  may elect to contribute to the
      policemen's and firemen's retirement system  pursuant  to  this  section
      within  one  year  after  he becomes such an officer or member, or on or
      before January first, nineteen hundred seventy, or within one year after
      his employer assumed, or assumes in whole or  in  part,  the  additional
      cost  to  the policemen's and firemen's retirement system resulting from
      an election pursuant to this section.
        bb. On and  after  April  first,  nineteen  hundred  sixty-seven  only
      firemen, policemen or officers of such a fire department or police force
      may  elect  to  contribute  to  the policemen's and firemen's retirement
      system on the basis of retirement pursuant to this section  and,  as  to
      members so electing, in addition to service in war after world war I, as
      defined  in  section  three hundred two of this article, only credit for
      service:
        1. As such a fireman, policeman or officer, or
        2. As a member or officer of the state police, or
        3. In the regional state park police service,
      shall be included in computing years  of  police  or  fire  service  for
      retirement pursuant to this section.
        c.  Elections  made  pursuant  to this section shall be in writing and
      shall be duly acknowledged and filed with the  comptroller.  Any  member
      who  files  such  an  election  pursuant to this section may withdraw it
      after it has been filed for at least one year. Such withdrawal shall  be
      by  written  notice  duly  acknowledged  and filed with the comptroller.
      After such withdrawal such member shall contribute  to  the  policemen's
      and  firemen's  retirement system as otherwise provided in this article.
      Any member who  has  contributed  the  entire  additional  cost  to  the
      policemen's  and  firemen's retirement system resulting from an election
      pursuant to this section, may withdraw such entire additional amount  in
      the event that he so withdraws such election.
        d.  Contributions  for  additional  costs  of  elections to contribute
      pursuant to this section shall be payable as follows:
        1. Except as otherwise provided in this subdivision, a member electing
      to  contribute  to  the  policemen's  and  firemen's  retirement  system
      pursuant  to  this  section  shall pay the entire additional cost to the
      policemen's and firemen's retirement system resulting from such election
      by means of a rate of contribution.  Such  rate  shall  be  computed  to
      provide,  upon  his  completion  of  twenty-five  years of service as an
      officer or member of any such department or force, the  portion  of  the
      retirement  allowance  for  which  he is required to provide pursuant to
      this section. Such rate of contribution shall be determined in a  manner
      similar  to  that provided in section three hundred twenty-three of this
      article and  subject  to  the  provisions  of  paragraph  four  of  this
    
      subdivision,  the  contributions  based thereon shall be paid while such
      member is an officer or member of any such department or force.
        2.  The  member's employer, however, by appropriate action, may (a) in
      its initial action under this  section,  elect  to  assume  all  of  the
      additional  cost  on  account  of service as an officer or member of any
      such department or force rendered prior to the effective  date  of  such
      election and (b) in any subsequent action, as hereafter provided in this
      paragraph,  elect  to  assume  all  of the additional cost on account of
      service as an officer or member of any such other  prior  department  or
      force  rendered  prior to the effective date of such subsequent election
      and, in addition may in its initial action under this section, elect  to
      assume any multiple of twenty-five per centum of such additional cost on
      account  of such service for such current employer rendered on and after
      the effective date of such initial  election.  Any  subsequent  election
      changing  the percentage of additional cost assumed by an employer shall
      apply only to service rendered  for  such  employer  on  and  after  the
      effective  date  of such subsequent election. The employer shall pay the
      additional cost so assumed by any  such  election  by  means  of  annual
      contributions  which  shall be determined by the actuary and paid by the
      employer in the same manner as the contributions required under  section
      three  hundred  twenty-three  of this article. An employer, which in its
      initial action elected to assume all of the additional cost  on  account
      of service only as an officer or member of its police or fire department
      rendered  prior to the effective date of such election may, on or before
      April first, nineteen hundred sixty-nine, elect to  assume  all  of  the
      additional   cost,   including  the  cost  of  the  necessary  actuarial
      re-evaluation on account of service rendered prior to the effective date
      of the initial action hereunder, as an officer or  member  of  any  such
      organized fire department or organized police force or department of any
      county,   city,  town,  village,  fire  district,  police  district,  or
      participating employer other than such  employer.  Such  rate  shall  be
      computed to provide the appropriate pension benefits under paragraph two
      of subdivision e of this section.
        3.  Where the employer elected or elects to assume fifty per centum of
      the additional cost on account of service  rendered  on  and  after  the
      effective  date  of  any  such  election,  the  member  shall thereafter
      contribute at a rate computed by the actuary to provide, upon retirement
      after twenty-five years of service as an officer or member of  any  such
      department  or  force or upon the attainment of age sixty with less than
      twenty-five years of such service, an annuity of  one-one  hundredth  of
      final average salary for each year of such service rendered on and after
      the  effective date of such election. If the employer assumed or assumes
      a percentage other than fifty per  centum  of  the  additional  cost  on
      account  of service rendered on and after the effective date of any such
      election, the member's rate of contribution shall be modified so that it
      is computed to provide the portion of the retirement allowance for which
      he is required to provide.
        Such member's rate of contribution  pursuant  to  this  subdivision  d
      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.
    
        4. No such member shall be required to  continue  contributions  after
      completing twenty-five years of such service.
        5.   For   actuarial   purposes   relative  to  rates  or  amounts  of
      contributions to the funds of the policemen's and  firemen's  retirement
      system,  service of a member making an election pursuant to this section
      shall, as to his  service  and  status  subsequent  thereto,  be  deemed
      continuous   and   constant.  If  the  continuity  of  such  service  be
      interrupted or such status be changed, however, appropriate  changes  as
      may  be necessary for actuarial purposes shall be made in such rates and
      amounts.
        e. Computation of retirement allowances pursuant to this section.
        1. Computation of retirement allowance where member has elected to pay
      the entire additional cost:
        A member who has elected to contribute pursuant to  this  section  and
      who  has  made  the  contributions  required  by  this  section shall be
      entitled to retire on or after his completion of  twenty-five  years  of
      service  as  an  officer  or  member of any such fire department, police
      force or police department, or upon the attainment  of  age  sixty  with
      less  than  twenty-five  years of such service, by filing an application
      therefor in a manner similar to that provided in section  three  hundred
      seventy  of this article. He thereupon shall receive, upon retirement, a
      retirement allowance which  shall  not  exceed  one-half  of  his  final
      average salary.  Such retirement allowance shall consist of:
        (a)  An  annuity  which  shall  be  the  actuarial  equivalent  of his
      accumulated contributions at the time of his retirement, and
        (b)  A  pension   which   is   the   actuarial   equivalent   of   the
      reserve-for-increased-take-home-pay to which he may then be entitled, if
      any, and
        (c)  A  pension  of  one-one hundredth of his final average salary for
      each year  of  service  as  an  officer  or  member  of  any  such  fire
      department, police force or police department, and
        (d)  An  additional  pension  of one-one hundred fortieth of his final
      average salary for each year of member service for  which  he  otherwise
      shall  be  entitled  to credit and which was earned by him since he last
      become a member, and
        (e) If he has had one or  more  years  of  service  as  a  member,  an
      additional  pension  which  shall  be equal to one-fiftieth of his final
      average salary for each year of prior service as an officer or member of
      any such fire  department,  police  force  or  police  department,  plus
      one-seventieth  of  his  final  average  salary  for  each year of prior
      service to which he otherwise shall be entitled to credit.
        (f) Upon  completion  of  twenty-five  years  service,  an  additional
      pension,  if  required, of such amount as shall be necessary to increase
      the total amount of the benefits provided  herein  to  one-half  of  his
      final  average  salary. The pension provided by this sub-paragraph shall
      be payable only if a member retires from service on or before  the  last
      day of the calendar month next succeeding the calendar month in which he
      attains age sixty-two. Provided, however, that in the case of any member
      who  attained  the  age  of  sixty-two on or before July first, nineteen
      hundred sixty-six, to be eligible for additional  pension  credit  under
      this  sub-paragraph, his service shall be terminated and he shall retire
      on or before December thirty-first, nineteen  hundred  sixty-seven.  For
      the  purpose  only  of determining the amount of the pension provided in
      this paragraph, 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 retirement  system
    
      in  order  to  apply  the  amount  of  such  reduction in payment of his
      contributions for old-age and survivors insurance coverage.
        2.  Computation  of retirement allowance where employer has elected to
      pay all or part of the additional cost:
        A member who has elected to contribute pursuant to  this  section  and
      who  has  made  the  contributions  required  by this section, and whose
      employer has by appropriate action elected to pay all  or  part  of  the
      additional  cost  of  the  benefits  provided  by this section, shall be
      entitled to retire on or after his completion of  twenty-five  years  of
      service  as  an  officer  or  member of any such fire department, police
      force or police department, or upon the attainment  of  age  sixty  with
      less  than  twenty-five  years of such service, by filing an application
      therefor in a manner similar to that provided in section  three  hundred
      seventy  of this article. He thereupon shall receive, upon retirement, a
      retirement allowance which  shall  not  exceed  one-half  of  his  final
      average salary.  Such retirement allowance shall consist of:
        (a)  An  annuity  which  shall  be  the  actuarial  equivalent  of his
      accumulated contributions at the time of his retirement, and
        (b)   A   pension   which   the   actuarial    equivalent    of    the
      reserve-for-increased-take-home-pay to which he may then be entitled, if
      any, and
        (c)  A pension for each year of service as an officer or member of any
      such fire department, police force or police department, rendered on and
      after the effective date of the employer's election under this  section,
      computed  pursuant  to  the  one of the following four formulae which is
      appropriate:
        (1) If his employer elected to  pay  twenty-five  per  centum  of  the
      additional  cost  on  account  of such service rendered on and after the
      effective date  of  such  election,  such  pension  shall  be  six-seven
      hundredths  (6/700)  of  his  final average salary for each year of such
      service after such date, or
        (2) If his employer elected to pay fifty per centum of the  additional
      cost on account of such service rendered on and after the effective date
      of such election, such pension shall be one-one hundredth (1/100) of his
      final average salary for each year of such service after such date, or
        (3)  If  his  employer  elected  to pay seventy-five per centum of the
      additional cost on account of such service rendered  on  and  after  the
      effective  date  of  such  election,  such  pension shall be eight-seven
      hundredths (8/700) of his final average salary for  each  year  of  such
      service after such date, or
        (4)  If  his  employer  elected  to  pay one hundred per centum of the
      additional cost on account of such service rendered  on  and  after  the
      effective  date  of  such  election,  such  pension  shall be nine-seven
      hundredths (9/700) of his final average salary for  each  year  of  such
      service after such date, and
        (d)  An  additional  pension  for  such  service,  exclusive  of prior
      service, rendered before the effective date of  the  employer's  initial
      election under this section, of one-fiftieth of his final average salary
      for each year of such service, minus a sum equal to the annuity provided
      out of the normal contributions, with accumulated interest thereon, made
      by  the member during such period and minus a sum which is the actuarial
      equivalent of  the  reduction  in  his  contributions  pursuant  to  the
      provisions  of  section three hundred seventy-a of this article, if any,
      during such period, with regular interest thereon, and
        (e) An additional pension of one-one hundred  fortieth  of  his  final
      average  salary  for  each year of member service for which he otherwise
      shall be entitled to credit and which was earned by him  since  he  last
      became a member, and
    
        (f)  If  he  has  had  one  or  more  years of service as a member, an
      additional pension which shall be equal to  one-fiftieth  of  his  final
      average salary for each year of such service, which is credited as prior
      service,  plus  one-seventieth of his final average salary for each year
      of prior service for which he otherwise shall be entitled to credit.
        (g)  Upon  completion  of  twenty-five  years  service,  an additional
      pension, if required, of such amount as shall be necessary  to  increase
      the  total  amount  of  the  benefits provided herein to one-half of his
      final average salary. The pension provided by this  sub-paragraph  shall
      be  payable  only if a member retires from service on or before the last
      day of the calendar month next succeeding the calendar month in which he
      attains age sixty-two. Provided, however, that in the case of any member
      who attained the age of sixty-two before or within one month  after  his
      employer  first  elected to assume all or part of the additional cost of
      service as provided by paragraph two of subdivision d of  this  section,
      to  be  eligible for additional pension credit under this sub-paragraph,
      his service shall be terminated and he shall retire within three  months
      after  his  employer  so  elects  or on or before December thirty-first,
      nineteen hundred sixty-eight, whichever shall last occur.
        For the purpose only of determining the amount of the pension provided
      in this paragraph, 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
      retirement  system  in  order  to  apply the amount of said reduction in
      payment  of  his  contributions  for  old-age  and  survivors  insurance
      coverage.
        f.  In  the event a member shall continue in service after twenty-five
      years of total creditable service, as defined in subdivision bb of  this
      section, there shall be added to his pension upon retirement a sum equal
      to   one-sixtieth  of  his  final  average  salary  for  each  completed
      additional year of service after twenty-five years.
        g. The increased pension provided for in subdivision f hereof shall be
      conditioned upon the participating employer electing in a manner similar
      to that provided in subdivision a of section  three  hundred  thirty  of
      this  article  to provide this added benefit and assuming the additional
      cost thereof on account of all  of  the  officers  and  members  of  its
      organized  fire  department  or organized police force or department who
      are contributing under the provisions of this  section.  Such  increased
      pensions  to  the  members  in  either  department  shall  be  paid from
      additional contributions made by the appropriate participating  employer
      on  account  of such members. The actuary of the retirement system shall
      compute the additional contributions for each  employer  who  elects  to
      provide  the  special  benefits  provided  under  subdivision  f of this
      section. Such additional contributions shall be computed on the basis of
      contributions during the prospective service of such members which  will
      cover  the  liability  of the retirement system for such extra pensions.
      Upon approval of the comptroller, such additional contributions shall be
      certified by him to the fiscal officer of  the  participating  employer.
      The  amount thereof shall be included in the annual appropriation of the
      participating employer for its police and fire departments. Such  amount
      shall  be paid on the warrant of the fiscal officer of the participating
      employer to the pension accumulation fund of the retirement system.
        h. Any  officer  or  member  of  such  organized  fire  department  or
      organized  police  force  or  department,  may, within one year after he
      becomes such officer or member or within one  year  after  his  employer
      assumes  the additional cost therefor, whichever shall last occur, elect
    
      to receive the additional benefits provided for by subdivision f hereof.
      Any officer or member who elects  to  receive  such  benefits  shall  be
      separated  from  service  on  the  first  day of the calendar month next
      succeeding  his  attainment  of  age  sixty-two  and  the  completion of
      twenty-five years of service, provided, however, that in the case of any
      officer or member who attained the age of sixty-two before his  employer
      assumed  the  additional  cost  therefor,  or  who  attains  the  age of
      sixty-two within one month after his  employer  assumes  the  additional
      cost  therefor,  to  be  eligible  for  additional  pension credit under
      subdivision f of this section, his service shall be  terminated  and  he
      shall  be  retired  within  three  months after his employer assumes the
      additional cost therefor or on or before December thirty-first, nineteen
      hundred sixty-eight, whichever shall last occur,  and  provided  further
      that  a  member  who  is  a  chief  or  commanding  officer  of a police
      department or police force shall retire on the first day of the calendar
      month next succeeding his attainment of age sixty-five; a member who  is
      a  chief  or  commanding officer of a police department or police force,
      who attained age sixty-five before his employer elected to provide  this
      added  benefit  and  has  rendered twenty-five years of total creditable
      service, shall retire  on  or  before  December  thirty-first,  nineteen
      hundred  sixty-eight,  or within one year after his employer assumes the
      additional cost therefor, whichever shall last occur.
        i. In lieu of the provisions of subdivisions f, g and  h  and  in  the
      event  a  member  shall  continue  in service after twenty-five years of
      total creditable service, as defined in subdivision bb of this  section,
      there  shall  be  added  to  his  pension upon retirement a sum equal to
      one-one hundred twentieth of his final average salary for each completed
      additional year of service after twenty-five years.
        j. The increased pension provided for in subdivision i hereof shall be
      conditioned upon the participating employer electing in a manner similar
      to that provided in subdivision a of section  three  hundred  thirty  of
      this  article  to provide this added benefit and assuming the additional
      cost thereof on account of all  of  the  officers  and  members  of  its
      organized  fire  department  or organized police force or department who
      are contributing under the provisions of this  section.  Such  increased
      pensions  to  the  members  in  either  department  shall  be  paid from
      additional contributions made by the appropriate participating  employer
      on  account  of such members. The actuary of the retirement system shall
      compute the additional contributions for each  employer  who  elects  to
      provide  the  special  benefits  provided  under  subdivision  i of this
      section. Such additional contributions shall be computed on the basis of
      contributions during the prospective service of such members which  will
      cover  the  liability  of the retirement system for such extra pensions.
      Upon approval of the comptroller, such additional contributions shall be
      certified by him to the fiscal officer of  the  participating  employer.
      The  amount thereof shall be included in the annual appropriation of the
      participating employer for its police and fire departments. Such  amount
      shall  be paid on the warrant of the fiscal officer of the participating
      employer to the pension accumulation fund of the retirement system.
        k. Any  officer  or  member  of  such  organized  fire  department  or
      organized  police  force  or  department,  may, within one year after he
      becomes such officer or member or within one  year  after  his  employer
      assumes  the additional cost therefor, whichever shall last occur, elect
      to receive the additional benefits provided for by subdivision i hereof.
      Any officer or member who elects  to  receive  such  benefits  shall  be
      separated  from  service  on  the  first  day of the calendar month next
      succeeding his  attainment  of  age  sixty-two  and  the  completion  of
      twenty-five years of service, provided, however, that in the case of any
    
      officer  or member who attained the age of sixty-two before his employer
      assumed the  additional  cost  therefor,  or  who  attains  the  age  of
      sixty-two  within  one  month  after his employer assumes the additional
      cost  therefor,  to  be  eligible  for  additional  pension credit under
      subdivision i of this section, his service shall be  terminated  and  he
      shall  be  retired  within  three  months after his employer assumes the
      additional  cost  therefor,  or  on  or  before  December  thirty-first,
      nineteen  hundred  sixty-eight, whichever shall last occur, and provided
      further that a member who is a chief or commanding officer of  a  police
      department or police force shall retire on the first day of the calendar
      month  next succeeding his attainment of age sixty-five; a member who is
      a chief or commanding officer of a police department  or  police  force,
      who  attained age sixty-five before his employer elected to provide this
      added benefit and has rendered twenty-five  years  of  total  creditable
      service,  shall  retire  on  or  before  December thirty-first, nineteen
      hundred sixty-eight, or within one year after his employer  assumes  the
      additional cost therefor, whichever shall last occur.
        l.  Upon  retirement  of  any  member  pursuant  to  this section, any
      additional amounts credited to  the  member's  annuity  savings  account
      pursuant  to  subdivision  b  of  section  three  hundred thirty of this
      article shall be treated as excess contributions and shall  be  used  to
      provide  an  annuity  in  addition  to  the  annuity  prescribed by this
      section. Any other amounts credited  to  the  member's  annuity  savings
      account,  except  the  amounts contributed or required to be contributed
      under this section and except such amounts as are  required  to  produce
      the  retirement allowance provided by subdivision e of this section, may
      at the option of the member at the time of retirement  be  withdrawn  or
      used to provide an annuity in addition to the annuity prescribed by this
      section.
        m. Service in the division of state police in the executive department
      shall be considered allowable service in an organized fire department or
      an  organized  police force or police department for the purpose of this
      section, provided  that  the  member  pays  or  has  paid  the  required
      contributions.
        n.  Notwithstanding  any  provision  of  subdivision  bb  or g of this
      section, service as a fire chief-airport, firefighter-airport, and  fire
      captain-airport  of  the  county  of  Monroe  shall  be included for the
      purpose of computing police or fire service for retirement  pursuant  to
      this  section,  provided the county of Monroe has elected to participate
      in the New York state and local police and fire retirement system on the
      behalf  of  its  fire  chief-airport,  firefighters-airport,  and   fire
      captains-airport and elects to provide the benefit of this section.
        * o.  The  benefits hereinabove provided shall be payable to a member,
      unless at the  date  of  retirement,  such  member  would  otherwise  be
      entitled to a greater benefit under other provisions of this article had
      he  withdrawn  from  this  section, in which event such greater benefits
      shall be payable.
        * NB There are 2 sb o's
        * o. Any member of the New  York  state  and  local  police  and  fire
      retirement  system  who  was  a  member  of the New York city employees'
      retirement system while employed as a New York  city  police  department
      trainee  or a New York city transit officer trainee and whose membership
      therein was terminated by his attaining membership in the New York state
      and local police and fire retirement system, may purchase credit in  the
      New  York  state  and  local police and fire retirement system for prior
      creditable service in the New York  city  employees'  retirement  system
      earned  while employed as a police department trainee or transit officer
      trainee and shall have the period of such prior service  credit  counted
    
      as  police  service  for  the  purpose  of determining the amount of his
      pension and retirement  allowance  and  period  of  service  needed  for
      retirement.  In  order  to purchase credit pursuant to this subdivision,
      the member shall pay into the pension accumulation fund the contribution
      amount  as  determined  by  the  comptroller, either in a lump sum or in
      installments, necessary to  pay  in  full  the  cost  of  such  previous
      service. If such payment be made in installments, the same shall be paid
      within  a  period  no  greater  than the number of months of such member
      service granted.
        * NB There are 2 sb o's
        p. Notwithstanding any  provision  of  this  section,  service  as  an
      aircraft   rescue   firefighter   employed   by   the  Niagara  frontier
      transportation authority shall be included for the purpose of  computing
      police or fire service for retirement pursuant to this section, provided
      such  authority  has  elected  to  participate in the New York state and
      local police and fire retirement system on the behalf  of  its  aircraft
      rescue firefighters and elects to provide the benefit of this section.
        q. The provisions of this section shall be controlling notwithstanding
      any provision of this article to the contrary.