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This entry was published on 2019-01-11
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SECTION 89-S*3
Retirement of members who serve as peace officers in the Nassau county probation department
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 9
* § 89-s. Retirement of members who serve as peace officers in the
Nassau county probation department. a. Any member who serves as a peace
officer and is employed in the Nassau county probation department shall
be eligible to retire pursuant to the provisions of this section. Such
eligibility shall be an alternative to the eligibility provisions
available under any other plan of this article to which such member is
subject. The chief executive officer of the Nassau county probation
department shall certify to the comptroller, periodically and at such
intervals of time as may be required of him and in such fashion as may
be prescribed, the identity of the eligible peace officers in his
employ.

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 peace officer, a probation officer trainee
or a probation assistant in the Nassau county probation department.

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, or as a criminal investigator in
the office of a district attorney, shall also be deemed to be creditable
service and shall be included in computing years of total service for
retirement pursuant to this section.

f. 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; for
service beyond twenty-five years and for non-probation county service
the benefit is increased by one-sixtieth of final average salary for
each year of additional service credit.

g. 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
county of Nassau.

h. Nothing in this section 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.

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

j. Notwithstanding any provision of this section or of any other
provision of law to the contrary, peace officers must serve five years
within the Nassau county probation department after the effective date
of this section before they are eligible to retire under the provisions
of the twenty-five year retirement plan.

* NB There are 3 § 89-s's