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This entry was published on 2019-01-11
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SECTION 89-Q
Retirement of traffic officers with the town of Elmira
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 9
§ 89-q. Retirement of traffic officers with the town of Elmira. a. A
member employed as a traffic officer with the town of Elmira traffic
district number one shall be eligible to retire pursuant to the
provisions of this section if he is a traffic officer or holds a job
with responsibilities similar to those of a traffic officer, in the
event that the job title of traffic officer shall be abolished. Such
eligibility shall be an alternative to the eligibility provisions
available under any other plan of this article to which such member is
subject.

b. Such member shall be entitled to retire upon the completion of
twenty-five years of total creditable service by filing an application
therefor in the manner provided for in section seventy of this article.

c. Upon completion of twenty-five years of such service and upon
retirement, each such member shall receive a pension which, together
with an annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement and an
additional pension which is the actuarial equivalent of the
reserved-for-increased-take-home-pay to which he may then be entitled
shall be sufficient to provide him with a retirement allowance equal to
one-half of his final average salary.

d. As used in this section "creditable service" shall include any and
all services performed as a traffic officer with the town of Elmira
traffic district number one.

e. Credit for service as a member or officer of the state police or as
a paid firefighter, police officer or officer of any organized fire
department or police force or department of any county, city, village,
town, fire district or police district, shall also be deemed to be
creditable service and shall be included in computing years of total
service for retirement pursuant to this section, provided such service
was performed by the member while contributing to the retirement system
pursuant to the provisions of this article or article eight of this
chapter.

f. The town of Elmira shall certify to the comptroller, periodically
and at such intervals of time as may be required and in such fashion as
may be prescribed, the identity of the traffic officers in its employ.

g. A member contributing on the basis of this section at the time of
retirement, may retire after the completion of twenty-five years of
total creditable service. Application therefor may be filed in a manner
similar to that provided in section seventy of this article. Upon
completion of twenty-five years of such service and upon retirement,
each such member shall receive a pension which, together with an annuity
which shall be the actuarial equivalent of his accumulated contributions
at the time of his retirement and an additional pension which is the
actuarial equivalent of the reserved-for-increased-take-home-pay to
which he may then be entitled shall be sufficient to provide him with a
retirement allowance equal to one-half of his final average salary.

h. In computing the twenty-five years of total service of a member
pursuant to this section full credit shall be given and full allowance
shall be made for service of such member in time of war after World War
I as defined in section two of this chapter, provided such member at the
time of his entrance into the armed forces was in the service of the
town of Elmira.

i. Nothing herein shall be construed to prevent a member, who does not
retire pursuant to the provisions of this section, from utilizing
service which is creditable service pursuant to the provisions of this
section for service credit pursuant to the provisions of any other plan
of this article to which such member is subject.

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