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This entry was published on 2019-01-11
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SECTION 383
Retirement of members in regional state park police service
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 10
§ 383. Retirement of members in regional state park police service. a.
As used in this section the term "regional state park police service"
shall mean service in full time police duty as a park patrolman, officer
or member of any police force of a regional state park commission.

b. Any member of the police and fire retirement system in regional
state park police service may elect to contribute to the police and fire
retirement system on the basis of retirement upon his or her

1. Completion of twenty-five years of total service in regional state
park police service, or

2. Attainment of age sixty in regional state park police service, if
prior thereto,
on an allowance of one-fiftieth of his final average salary for each
year of total service in regional state park police service, not in
excess of twenty-five years. Such election shall be in writing and shall
be duly executed and filed with the comptroller.

c. Every employee entering or re-entering regional state park police
service on or after April first, nineteen hundred forty-nine shall
contribute on the basis provided for by 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 after April first, nineteen hundred forty-nine 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 regional state park
police service, 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
regional state park police service, 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 regional state
park police service prior to April first, nineteen hundred forty-nine.
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 first, nineteen hundred
forty-nine, shall be limited so that the total service in regional state
park police service 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 employed in regional state park police
service 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 in regional state
park police service 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 regional state park
police service.

f. The increased pensions to any member in regional state park police
service, as provided by this section, shall be paid from additional
contributions made by the state on account of such members. The actuary
of the police and fire 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 police and fire retirement system
for such extra pensions, and upon approval by the comptroller, the
additional contributions shall be certified by the comptroller and shall
be included in the annual appropriation to the pension accumulation fund
of the police and fire retirement system in the manner provided in
section three hundred sixteen of this article.

g. In computing the twenty-five years of completed service in regional
state park police service 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 three hundred two of this article, provided such
member at the time of his entrance into the armed forces was in the
regional state park police service or a member of the division of state
police in the executive 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
this 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. Service in the division of the state police in the executive
department shall be considered allowable service in regional state park
police service, for the purposes of this section, provided that the
member pays or has paid the required contributions and provided,
further, that in the case of employees entering or re-entering regional
state park police service on or after July first, nineteen hundred
fifty-four, only credit for service as a member or officer of the state
police (including service granted pursuant to subdivision g of this
section and credited as state police service) shall be so allowable.

i. The provisions of this section shall be controlling notwithstanding
any provision of this article to the contrary.

j. Notwithstanding any provision of subdivision b, c or i of this
section to the contrary, a member who is in the collective negotiating
unit designated as the security services unit and established pursuant
to article fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come under
the provisions of section three hundred seventy-five-h of this article.
Such election shall be duly executed and filed with the comptroller.