* § 89-y. Twenty-five year retirement plan for firefighters employed
by the division of military and naval affairs. a. A member who serves as
an airport firefighter apprentice, airport firefighter I, airport
firefighter II, airport firefighter III, or training and safety officer
and is employed by the division of military and naval affairs 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.

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 their
accumulated contributions at the time of their retirement and an
additional pension which is the actuarial equivalent of the
reserved-for-increased-take-home-pay to which they may then be entitled
shall be sufficient to provide them with a retirement allowance equal to
one-half of their final average salary.

d. As used in this section, "creditable service" shall include any and
all services performed as a firefighter apprentice, airport firefighter
I, airport firefighter II, airport firefighter III, or training and
safety officer employed by the division of military and naval affairs.

e. Credit for service as a paid firefighter or officer of any
organized fire department 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 their accumulated
contributions at the time of their retirement and an additional pension
which is the actuarial equivalent of the
reserved-for-increased-take-home-pay to which they may then be entitled
shall be sufficient to provide them with a retirement allowance equal to
one-half of their final average salary; for service beyond twenty-five
years and for non-firefighter 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 article, provided such member at the
time of their entrance into the armed forces was in the service of the
state.

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. Any member who, on or before the effective date of this section, is
a firefighter apprentice, airport firefighter I, airport firefighter II,
airport firefighter III, or training and safety officer employed by the
division of military and naval affairs may, by filing an election within
one year after the effective date of this section, elect to be subject
to the provisions of this section. Such election shall be in writing,
shall be duly executed and filed with the comptroller and shall be
irrevocable.

* NB Effective January 1, 2026