§ 381. Retirement of members in the division of state police; closed
plan. a. Any member in the division of state police in the executive
department who elected on or before January first, nineteen hundred
forty-nine, to contribute to the New York state employees' retirement
system pursuant to the provisions of former section eighty-one of this
chapter in force prior to April first, nineteen hundred sixty-seven,
shall contribute to the police and fire retirement system on the basis
of retirement upon his or her:

1. Completion of twenty-five years of total service in such division,
or

2. Attainment of age sixty in the service of such division, if prior
thereto,
on an allowance of one-fiftieth of his final average salary for each
year of total service in such division not in excess of twenty-five
years, provided such election was in writing and duly executed and filed
with the comptroller.

b. Every employee who entered or re-entered service in the division on
or after April sixteenth, nineteen hundred thirty-eight, and before July
first, nineteen hundred fifty-four, shall contribute on the basis
provided for by this section. Every employee who entered or re-entered
service in such division on or after July first, nineteen hundred
fifty-four and before May first, nineteen hundred sixty-one, and who, at
such time undertakes employment therein:

1. As a member or officer of the state police shall contribute on the
basis provided for by this section and, (in addition to credit pursuant
to subdivision g of this section and for service in war after world war
I, as defined in section three hundred two of this article, credited as
service as such a member or officer), only credit for service as a
member or officer of the state police shall be included in computing
years of state police service for retirement pursuant to this section.

2. Other than as a member or officer of the state police, shall not
contribute on the basis provided for by this section and shall not be
eligible to the benefits of this section on the basis of service so
rendered.

c. Subject to the provisions of subdivisions a and b of this section,
every employee in the service of such division who is not a member of
the police and fire retirement system may elect to become a member. He
or she thereupon shall contribute to the retirement system under the
provisions of this section and be entitled to benefits as provided in
this section. No such employee, however, shall be given credit for
service rendered prior to April sixteenth, nineteen hundred
thirty-eight, unless he or she became a member of the state employees'
retirement system on or before January first, nineteen hundred
forty-nine. Any such employee who becomes a member on or before January
first, nineteen hundred forty-nine, shall be entitled to credit for past
service in the division as if he or she had become a member when first
eligible. Such employee, however, shall pay the contributions he or she
would have made prior to such date had he or she been a member during
such service. The amount of such contributions shall be paid in a lump
sum or in such installments as the comptroller shall approve. In lieu of
such payment, however, such employee may receive on retirement the
benefit otherwise provided by this section, less such annuity as is the
actuarial equivalent of such unpaid contributions.

d. A member who elected or is required to contribute in accordance
with this section, shall contribute, in lieu of the proportion of
compensation as provided in section three hundred twenty-one of this
article, a proportion of his compensation similarly determined. Such
latter proportion shall be computed to provide, at the time when he
shall first become eligible for retirement under this section, an
annuity equal to one-one hundredth of his final average salary for each
year of service as a member rendered after April sixteenth, nineteen
hundred thirty-eight, and prior to the attainment of the age when he
shall first become eligible for retirement. Such member's rate of
contribution pursuant to this section shall be appropriately reduced
pursuant to section three hundred seventy-a of this article for such
period of time as his employer contributes pursuant to such section
toward pensions-providing-for-increased-take-home-pay provided, however,
that such member may by written notice duly acknowledged and filed with
the comptroller make an election to waive such reduction as provided by
subdivision j of section three hundred twenty-one of this article. One
year or more after the filing thereof, a member may withdraw any such
election by written notice duly acknowledged and filed with the
comptroller. No such member shall be required to continue contributions
after completing twenty-five years of such service.

e. A member contributing on the basis of this section at the time of
retirement, shall be entitled to retire after the completion of
twenty-five years of total creditable service in such division, or upon
the attainment of age sixty, by filing an application therefor in a
manner similar to that provided in section three hundred seventy of this
article. He thereupon shall receive, on retirement, a retirement
allowance consisting of:

1. An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, plus

2. A pension which is the actuarial equivalent of the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, plus

3. A pension of one-one hundredth of his final average salary for each
year of service rendered:

(a) Since he last became a member, and

(b) Prior to the completion of twenty-five years of total service in
the division, and

(c) Toward which he and his employer have contributed under this
section, plus

4. An additional pension of one-fiftieth of his final average salary,
multiplied by the number of years of total service in such department
prior to April sixteenth, nineteen hundred thirty-eight. This pension
shall be payable only if such member has had one or more years of
service as a member. The computation of this pension shall be subject to
the further conditions that:

(a) The service rendered prior to April sixteenth, nineteen hundred
thirty-eight, shall be limited so that the total service in such
division used as a basis for pension credit under this paragraph four
and paragraph three of this subdivision e shall not exceed twenty-five
years, and

(b) The amount of the additional pension payable pursuant to this
paragraph four shall not exceed the amount needed to increase the total
amount of the benefits provided under paragraphs one and three of this
subdivision e to one-half of the final average salary, plus

5. An additional pension equal to the pension for any creditable
service rendered while not an employee of the division as provided under
paragraphs three and four of subdivision a of section three hundred
seventy-five of this article. This pension shall:

(a) Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five years of service in the
division for which he receives credit under this article, and

(b) Not increase the total allowance to more than he would have
received had his total service been rendered in the division.

f. The increased pensions to members of the division, as provided by
this section, shall be paid from additional contributions made by the
state on account of such members. The actuary of the police and fire
retirement system shall compute the additional contribution of each
member who elects the special benefits provided under this section. Such
additional contributions shall be computed on the basis of contributions
during the prospective service of such member which will cover the
liability of the police and fire retirement system for such extra
pensions. Upon approval by the comptroller, such additional
contributions shall be certified by him or her to the superintendent of
state police. The amount thereof shall be included in the annual
appropriation of the state for state police. Such amount shall be paid
on the warrant of the comptroller to the pension accumulation fund of
the retirement system.

g. In computing the twenty-five years of completed service of a member
in the division, full credit shall be given and full allowance shall be
made for service of such member in time of war and service with the
American expeditionary forces subsequent to November eleventh, nineteen
hundred eighteen, and prior to June thirtieth, nineteen hundred
nineteen, of honorably discharged officers, soldiers, sailors, marines
and army nurses, who were actual residents of the state at the time of
their entry into the military service of the United States, and the
service of members of the national guard in the military service of the
United States of America pursuant to the call of the president for
Mexican border service.

h. The provisions of this section shall be controlling notwithstanding
any provision in this chapter to the contrary.

i. Notwithstanding any provisions of subdivision b of this section to
the contrary, an employee who is required to contribute in accordance
with this section, but is not a member of the state police, may, on or
before March thirty-first, nineteen hundred seventy-three, elect to come
under the provisions of section seventy-five-h of this chapter. Such
election shall be duly executed and filed with the comptroller.