Section 384-B. Retirement of members of the police department of the city of Glen Cove, after twenty years of service  


Latest version.
  • a. As used in this section,
      the following words and phrases shall have the following meanings unless
      a different meaning is plainly required by the context:
        1. "Police department".   Members of the  city  of  Glen  Cove  police
      department.
        2.  "Service in such department".  Full time police duty as an officer
      or member of the organized police  department  in  the  above  mentioned
      city.
        b.  Every  member  in  the  police  department who enters or re-enters
      service in the department on  or  after  July  first,  nineteen  hundred
      sixty-five,  and  who is contributing under former section eighty-four-a
      of this chapter and members  entering  or  re-entering  service  in  the
      department  on  and  after April first, nineteen hundred sixty-seven and
      prior to September first, nineteen hundred eighty, shall  contribute  to
      the retirement system in the manner provided for by this section.
        c.  Every  member  in  the  police department who entered such service
      prior to July first, nineteen hundred  sixty-five  and  who  elected  to
      contribute  under  former  section  eighty-four-a  of this chapter shall
      contribute on the basis provided for by this section.
        d.  A  member  who  elected  to  contribute   under   former   section
      eighty-four-a  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-eightieth of his final average salary for each year of service as  a
      member  rendered after July first, nineteen hundred sixty-five and prior
      to the attainment of the age when he shall  first  become  eligible  for
      retirement.   No such member shall be required to continue contributions
      after completing twenty years of 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
      years of total creditable  service  in  such  department,  or  upon  the
      attainment  of  age  sixty-two,  by filing an application therefore in a
      manner similar to that provided in section 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-eightieth 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 years of total service in such
      department, and
        (c) Toward which he and  his  employer  have  contributed  under  this
      section, plus
        4.  An  additional  pension,  if  required, of such amount as shall be
      necessary to increase the total amount of the  benefits  provided  under
      paragraphs one, two and three of this subdivision e to at least one-half
      of  his  final  average salary. The computation of this pension shall be
      limited so that the total service in such department used as a basis for
      pension credit under this paragraph four and  paragraph  three  of  this
      subdivision e, shall not exceed twenty years, plus
    
        5.  An  additional  pension  equal  to  the pension for any creditable
      service rendered while not an employee of such  department  as  provided
      under  paragraphs  three  and  four  of subdivision (a) of section three
      hundred seventy-five of this article. This pension  shall  be  based  on
      member's final average salary, and
        (a)  Be  payable only if such member has attained age sixty-two at the
      time of retirement and has not completed twenty years of service in such
      department 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 such department.
        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
      retirement system in order to apply the  amount  of  such  reduction  in
      payment of his contributions for old-age survivors insurance coverage.
        f. A member who elects or is required to contribute in accordance with
      this  section  shall  retire on the first day of the calendar month next
      succeeding his attainment of age sixty-two.
        g. The increased  pensions  to  any  member  in  such  department,  as
      provided  by  this  section, shall be paid from additional contributions
      made by the  appropriate  participating  employer  on  account  of  such
      member.    The  actuary  of  the  retirement  system  shall  compute the
      additional contributions for 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 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
      department.  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. In computing the twenty years of completed service of a  member  in
      the  police  department,  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.
        i.  The   provisions   of   this   section   shall   be   controlling,
      notwithstanding any provision in this article to the contrary.