Section 386. Retirement of members in the Westchester county department of public safety services; closed plan

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. "County." Westchester county.
    2. "Department." Prior to July first, nineteen  hundred  seventy-nine,
  the  Westchester  county  parkway  police force; on or after July first,
  nineteen hundred seventy-nine,  the  Westchester  county  department  of
  public safety services.
    3.  "Service in such department."  Full time police duty as an officer
  or member of such department, or the police department or  police  force
  of  any  city, town, village or police district in the county, or in the
  division of state police in the state executive department.
    b. Any member in service in such department on January first, nineteen
  hundred fifty-eight, who elected, on  or  before  July  first,  nineteen
  hundred  fifty-eight,  to  contribute  to  the New York state employees'
  retirement  system  pursuant  to  the  provisions  of   former   section
  eighty-six  of  this  chapter,  in effect 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 service in such department, or
    2.  Attainment  of  age  sixty in service in such department, if prior
  thereto,
  on all allowance of one-fiftieth of his final average  salary  for  each
  year  of  service in such department not in excess of twenty-five years,
  provided such election was in writing and duly executed and  filed  with
  the comptroller.
    c.  On or after January first, nineteen hundred fifty-eight, but prior
  to  July  first,  nineteen  hundred  seventy,  employees   entering   or
  re-entering service in such department:
    1.  As  members  of  the  police  force  shall contribute on the basis
  provided for by this section.
    2. Other than as members of the police force shall not be eligible  to
  the benefits of this section.
    d.  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  rendered  on  and  after  January  first,
  nineteen  hundred  fifty-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 creditable  service  in  such  department  or  upon

  attainment  of  age  sixty,  if  prior thereto, by filing an application
  therefore in a manner similar to that provided in section three  hundred
  seventy  of this article. He thereupon shall receive, upon 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 service in such
  department, 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 service in such department prior to
  January first, nineteen  hundred  fifty-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  shall  be  limited  so  that  the  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-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, two 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 such  department  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 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.
    f. The increased pensions to members of such department,  as  provided
  by this section, shall be paid from additional contributions made by the
  county  on  account  of such members. The actuary of the policemen's and
  firemen's retirement system shall compute  the  additional  contribution
  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 policemen's and firemen's retirement system
  for such extra pensions. Upon the  approval  by  the  comptroller,  such
  additional  contributions  shall  be  certified  by  him  to  the county
  executive of the county. The amount thereof shall  be  included  in  the
  annual  appropriation  of  the county for the Westchester county parkway
  police force. Such amount shall be paid on the  warrant  of  the  county
  department   of   finance  to  the  pension  accumulation  fund  of  the
  policemen's and firemen's retirement system.
    g. In computing the twenty-five years of  completed  service  in  such
  department,  full credit shall be given and full allowance shall be made
  for service of such member in war  after  world  war  I  as  defined  in
  section  two  of  this  article, provided such member at the time of his

  entrance into the armed forces was in service in  such  department,  and
  for  service  in  time  of  war  during world war I 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  and
  marines  who  were  actual  residents  of the state at the time of their
  entry into the military service of the United States.
    h. 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 of the time of retirement be withdrawn or
  used to provide an annuity in addition to the annuity prescribed by this
  section.
    i. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.