Legislation

Search OpenLegislation Statutes

This entry was published on 2019-01-11
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 89-T*2
Alternative retirement benefits for safety officers
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 9
* § 89-t. Alternative retirement benefits for safety officers. a.
Definitions. For purposes of this section:

1. "Qualifying member" shall mean any member who is in service as a
safety officer under the jurisdiction of the office of mental health or
the office for people with developmental disabilities, an institutional
safety officer, or a special police officer designated by the director
of a state hospital.

2. "Qualifying creditable service" shall mean creditable service
rendered while a member is a qualifying member.

b. Eligibility. 1. Any qualifying member, as defined in subdivision a
of this section, 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 comptroller may request certifications
from agency officials, as appropriate, to identify such eligible
members.

2. Any such qualifying member shall be entitled to retire after the
completion of twenty-five years of qualifying creditable service by
filing an application therefor in a manner similar to that provided in
section seventy of this article; provided, however, no such member shall
be eligible to retire until he or she has a minimum of ten years of
qualifying creditable service.

c. Retirement allowance. A member retiring under the provisions of
this section shall receive a retirement allowance consisting of a
pension equal to one-fiftieth of his or her final average salary for
each year of qualifying creditable service. This retirement allowance
shall not exceed fifty percent of such member's final average salary.

d. Computation of service. In computing the twenty-five years of
completed service of a qualifying member for purposes of this section,
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 subdivision
thirty of section two of this chapter, provided such member at the time
of his or her entrance into the armed forces was in state service.

e. 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 the service credit pursuant to any other plan of this
article to which such member is subject.

f. The increased costs of the benefits provided for in this section
shall be paid from additional contributions made by the employer.

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

* NB There are 2 § 89-t's