Legislation

§ 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 December thirty-first, two thousand
twenty-six 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
member of a retirement plan established pursuant to section three
hundred eighty-one-b of this title, 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, provided, however, that
beginning on and after July first, two thousand twenty-five, any member
currently enrolled pursuant to this section shall have no such employee
contributions.

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