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This entry was published on 2025-05-16
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SECTION 383-E
Retirement of officers of state law enforcement; twenty year retirement plan
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 10
* § 383-e. Retirement of officers of state law enforcement; twenty
year retirement plan. a. Membership. Every non-seasonally appointed
sworn member or officer of the division of law enforcement in the
department of environmental conservation, a forest ranger in the service
of the department of environmental conservation, which shall mean a
person who serves on a full-time basis in the title of forest ranger I,
forest ranger II, forest ranger III, assistant superintendent of forest
fire control, superintendent of forest fire control or any successor
titles or new titles in the forest ranger title series in the department
of environmental conservation, a police officer in the department of
environmental conservation, the regional state park police, and
university police officers whose date of membership is on or after July
first, two thousand twenty-five shall be covered by the provisions of
this section. Every member described in this subdivision in such service
whose date of membership is on or after January ninth, two thousand ten,
but before July first, two thousand twenty-five may irrevocably elect to
be covered by the provisions of this section by filing an election
therefor with the comptroller. The deadline to make such election for
every member described in this subdivision in such service shall be
within one year of the effective date of this section or within one year
of employment in an eligible title, whichever is later. To be effective,
such election must be duly executed and acknowledged on a form prepared
by the comptroller for that purpose.

b. Retirement allowance. A member, covered by the provisions of this
section at the time of retirement, shall be entitled to retire upon
completion of twenty years of total creditable service in such titles,
and shall retire upon the attainment of the mandatory retirement age
prescribed by this section, 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 years of such service and upon
retirement, each such member shall receive a pension which, together
with an annuity for such years of service as provided in paragraph four
of this subdivision, shall be sufficient to provide such member with a
retirement allowance of one-half of such member's final average salary.

2. Upon completion of more than twenty years of such service and upon
retirement, each such member shall receive, for each year of service in
excess of twenty, an additional pension which, together with an annuity
for each such year as provided in paragraph four of this subdivision,
shall be equal to one-hundredth of such member's final average salary,
provided, however, that the pension payable pursuant to this section
shall not exceed sixty-five per centum of final average salary.

3. Upon attainment of the mandatory retirement age without completion
of twenty years of such service, each such member shall receive a
pension which, together with an annuity for such years of service as
provided in paragraph four of this subdivision, shall be equal to
one-fortieth of such member's final average salary for each year of
creditable service in such titles. Every such member shall also be
entitled to an additional pension equal to the pension for any
creditable service rendered while not an employee in such titles 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 such member's
final average salary.

4. The annuity provided under paragraphs one, two and three of this
subdivision shall be the actuarial equivalent, at the time of
retirement, of the member's accumulated contributions based upon the
rate of contribution fixed under section three hundred eighty-three of
this title and upon the salaries earned while in such service. Such
annuity shall be computed as it would be if it were not reduced by the
actuarial equivalent of any outstanding loan nor by reason of the
member's election to decrease such member's contributions toward
retirement in order to apply the resulting amount toward payment of
contributions for old age and survivor's insurance. Any accumulated
contributions in excess of the amount required to provide the annuity
computed pursuant to this paragraph shall be used to increase the
member's retirement allowance.

c. Credit for previous service. In computing the years of total
creditable service for each member described herein, full credit shall
be given and full allowance shall be made for service rendered as a
police officer or state university peace officer or member of a police
force or department of a state park authority or commission or an
organized police force or department of a county, city, town, village,
police district, authority or other participating employer or member of
the capital police force in the office of general services while a
member of the New York state and local police and fire retirement
system, of the New York state and local employees' retirement system or
of the New York city police pension fund and for all service for which
full credit has been given and full allowance made pursuant to the
provisions of section three hundred seventy-five-h of this article
provided, however, that full credit pursuant to the provisions of such
section shall mean only such service as would be creditable service
pursuant to the provisions of section three hundred eighty-three, three
hundred eighty-three-a, three hundred eighty-three-b, as added by
chapter six hundred seventy-four of the laws of nineteen hundred
eighty-six, three hundred eighty-three-b, as added by chapter six
hundred seventy-seven of the laws of nineteen hundred eighty-six, three
hundred eighty-three-c or three hundred eighty-three-d of this title or
pursuant to the provisions of title thirteen of the administrative code
of the city of New York for any member contributing pursuant to this
section who transferred to the jurisdiction of the department of
environmental conservation including but not limited to environmental
conservation officers and forest rangers, regional state park police or
state university of New York peace officers.

d. Retirement for cause. Upon receipt of a certificate from the head
of the entity where such member is employed or such member's designee, a
member as described in subdivision a of this section, who has accrued
twenty-five or more years of service credit under this section shall be
retired on the first day of the second month next succeeding the date
such certificate was filed with the comptroller.

e. Credit for military service. In computing the years of total
creditable 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 such member's entrance into the armed forces was in police
service as defined in subdivision eleven of section three hundred two of
this article.

f. Transfer of membership to employees' retirement system. Any member
currently enrolled pursuant to this section and who previously
transferred service credit from the New York state and local employees'
retirement system to the New York state and local police and fire
retirement system, may elect to transfer such previously transferred
service credit back to the New York state and local employees'
retirement system, and such member shall have the option to
retroactively transfer such member's membership into such employees'
retirement system.

g. Employee contributions. Notwithstanding any provisions of this
chapter to the contrary, any member currently enrolled pursuant to this
section shall be required to make employee contributions equal to the
amounts identified in this section. No other employee contributions
shall be required. Upon the date of enrollment in the plan provided by
this section, the rate at which each such member shall make basic member
contributions in any plan year (April first to March thirty-first) shall
be determined by reference to the wages of such member in the second
plan year (April first to March thirty-first) preceding such current
plan year as follows:

1. members with wages of forty-five thousand dollars per annum or less
shall contribute four and one-half per centum of annual wages;

2. members with wages greater than forty-five thousand per annum, but
not more than fifty-five thousand per annum shall contribute five per
centum of annual wages;

3. members with wages greater than fifty-five thousand per annum, but
not more than seventy-five thousand per annum shall contribute six per
centum of annual wages;

4. members with wages greater than seventy-five thousand per annum but
not more than one hundred thousand per annum shall contribute seven and
one-quarter per centum of annual wages; and

5. members with wages greater than one hundred thousand per annum
shall contribute seven and one-half per centum of annual wages.

Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local police and fire
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which members enrolled in the plan provided
by this section shall contribute for any plan year (April first to March
thirty-first) between April first, two thousand twenty-two and April
first, two thousand twenty-six, such rate shall be determined by
reference to employees annual base wages of such member in the second
plan year (April first to March thirty-first) preceding such current
plan year. Base wages shall include regular pay, shift differential pay,
location pay, and any increased hiring rate pay, but shall not include
any overtime payments.

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

* NB Effective July 1, 2025