Legislation
SECTION 383-F
Retirement of officers of state law enforcement; alternative twenty-five year retirement plan
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 10
* § 383-f. Retirement of officers of state law enforcement;
alternative twenty-five 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, 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 prior to January
ninth, two thousand ten 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. Upon completion of twenty-five
years of such service and upon retirement, each such member shall
receive a pension which, together with an annuity, if any, which shall
be the actuarial equivalent of such member's accumulated contributions
at the time of their retirement and an additional pension which is the
actuarial equivalent of the reserve-for-increased-take-home-pay to which
such member may then be entitled, if any, shall be sufficient to provide
such member with a retirement allowance equal to fifty-five percent of
their final average salary. To be effective, such election must be duly
executed and acknowledged on a form prepared by the comptroller for such
purpose.
b. Retirement allowance. 1. A member, covered by the provisions of
this section at the time of retirement, shall be entitled to retire upon
completion of twenty-five years of total creditable service in such
titles by filing an application therefor in a manner similar to that
provided in section three hundred seventy of this article.
2. Upon completion of more than twenty-five years of such service and
upon retirement, each such member shall receive, for each year of
service in excess of twenty-five, an additional pension which, together
with an annuity for each such year as provided in paragraph three of
this subdivision, shall be equal to one-hundredth of their final average
salary, provided, however, that the pension payable pursuant to this
section shall not exceed sixty-five per centum of such member's final
average salary.
3. The annuity provided under paragraph two of this subdivision shall
be the actuarial equivalent, at the time of retirement, of the member's
accumulated contributions based upon the rate of contributions 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 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. 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 one
and one-half per centum of annual wages.
e. The provisions of this section shall be controlling,
notwithstanding any provision of this article to the contrary.
* NB Effective July 1, 2025
alternative twenty-five 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, 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 prior to January
ninth, two thousand ten 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. Upon completion of twenty-five
years of such service and upon retirement, each such member shall
receive a pension which, together with an annuity, if any, which shall
be the actuarial equivalent of such member's accumulated contributions
at the time of their retirement and an additional pension which is the
actuarial equivalent of the reserve-for-increased-take-home-pay to which
such member may then be entitled, if any, shall be sufficient to provide
such member with a retirement allowance equal to fifty-five percent of
their final average salary. To be effective, such election must be duly
executed and acknowledged on a form prepared by the comptroller for such
purpose.
b. Retirement allowance. 1. A member, covered by the provisions of
this section at the time of retirement, shall be entitled to retire upon
completion of twenty-five years of total creditable service in such
titles by filing an application therefor in a manner similar to that
provided in section three hundred seventy of this article.
2. Upon completion of more than twenty-five years of such service and
upon retirement, each such member shall receive, for each year of
service in excess of twenty-five, an additional pension which, together
with an annuity for each such year as provided in paragraph three of
this subdivision, shall be equal to one-hundredth of their final average
salary, provided, however, that the pension payable pursuant to this
section shall not exceed sixty-five per centum of such member's final
average salary.
3. The annuity provided under paragraph two of this subdivision shall
be the actuarial equivalent, at the time of retirement, of the member's
accumulated contributions based upon the rate of contributions 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 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. 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 one
and one-half per centum of annual wages.
e. The provisions of this section shall be controlling,
notwithstanding any provision of this article to the contrary.
* NB Effective July 1, 2025