§ 381-b. Retirement of members or officers of the state police; twenty
year retirement plan. a. Membership. Every member or officer of the
division of state police in the executive department who enters or
re-enters service in the division on or after April first, nineteen
hundred sixty-nine, and every investigator or sworn officer employed by
the commission created by section six of chapter eight hundred
eighty-two of the laws of nineteen hundred fifty-three, constituting the
waterfront commission act, as amended, on or after July first, two
thousand twenty-three, and every investigator or sworn officer employed
by the New York Waterfront Commission in the executive department shall
be covered by the provisions of this section, and every member or
officer of the division of state police in the executive department in
such service on such date may elect to be covered by the provisions of
this section by filing an election therefor with the comptroller on or
before March thirty-first, nineteen hundred seventy-two. To be
effective, such election must be duly executed and acknowledged on a
form prepared by the comptroller for that purpose.

b. Retirement allowance. A member, covered by the provisions of this
section at the time of retirement, shall be entitled to retire upon
completion of twenty years of total creditable service in such division,
and shall retire upon the attainment of the mandatory retirement age
prescribed by this section, by filing an application therefor in a
manner similar to that provided in section three hundred seventy of this
article.

(1) Upon completion of twenty years of such service and upon
retirement, each such member shall receive a pension which, together
with an annuity for such years of service as provided in paragraph four
of this subdivision, shall be sufficient to provide him with a
retirement allowance of one-half of his final average salary.

(2) Upon completion of more than twenty years of such service and upon
retirement, each such member shall receive, for each year of service in
excess of twenty, an additional pension which, together with an annuity
for each such year as provided in paragraph four of this subdivision,
shall be equal to one-sixtieth of his final average salary, provided,
however, that the pension payable pursuant to this section shall not
exceed three-quarters of final average salary.

(3) Upon attainment of the mandatory retirement age without completion
of twenty years of such service, each such member shall receive a
pension which, together with an annuity for such years of service as
provided in paragraph four of this subdivision, shall be equal to
one-fortieth of his final average salary for each year of creditable
service in such division. Every such member shall also be entitled to 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 latter pension shall not increase the
total allowance to more than one-half of his final average salary.

(4) The annuity provided under paragraphs one, two and three of this
subdivision shall be the actuarial equivalent, at the time of
retirement, of the member's accumulated contributions based upon the
rate of contribution fixed under the provisions of subdivision c of
section three hundred eighty-one-a of this article and upon the salaries
earned while in such service rendered after April sixteenth, nineteen
hundred thirty-eight and prior to April first, nineteen hundred sixty.
Such annuity shall be computed as it would be if it were not reduced by
the actuarial equivalent of any outstanding loan nor by reason of the
member's election to decrease his contributions toward retirement in
order to apply the resulting amount toward payment of contributions for
old age and survivor's insurance. Any accumulated contributions in
excess of the amount required to provide the annuity computed pursuant
to this paragraph shall be used to increase the member's retirement
allowance.

(5) Notwithstanding the provisions of this subdivision, members
transferred to the division of state police pursuant to a chapter of the
laws of nineteen hundred ninety-seven, upon retirement shall receive
either the allowances provided by this subdivision or those provided
under the retirement system to which they participated prior to such
transfer whichever allowance shall be the higher.

c. Credit for previous police service. (1) Police service. In
computing the years of total creditable service in such division, full
credit shall be given and full allowance shall be made:

(i) for service rendered as a police officer or member of a police
force or department of a state park authority or commission or an
organized police force or department of a county, city, town, village,
police district, authority or other participating employer or member of
the capital police force in the office of general services while a
member of the New York state and local police and fire retirement
system, of the New York state and local employees' retirement system or
of the New York city police pension fund;

(ii) for service rendered as an investigator or sworn officer of the
waterfront commission of New York harbor, for service rendered as an
investigator or sworn officer of the New York Waterfront Commission, for
service rendered as an investigator-trainee of the waterfront commission
of New York harbor, and for service rendered as an investigator-trainee
of the New York Waterfront Commission, that was creditable under
subdivision w of section three hundred eighty-four-d of this article;
and

(iii) for all service for which full credit has been given and full
allowance made pursuant to the provisions of section three hundred
seventy-five-h of this chapter provided, however, that full credit
pursuant to the provisions of such section shall mean only such service
as would be creditable service pursuant to the provisions of section
three hundred eighty-three or section three hundred eighty-three-a or
three hundred eighty-three-b enacted by chapter six hundred
seventy-seven of the laws of nineteen hundred eighty-six of this chapter
or pursuant to the provisions of title thirteen of the administrative
code of the city of New York for any member contributing pursuant to
this section who transferred to the division of state police.

(2) State university police officer service. Upon completion of more
than twenty years of service, and upon retirement, each such member who
was previously credited with service credit in the New York state and
local employees' retirement system or the New York state and local
police and fire retirement system as an officer appointed by the state
university pursuant to paragraph l of subdivision two of section three
hundred fifty-five of the education law and who has successfully
completed a course of law enforcement training as provided in such
section of the education law or for any such officer who retires on and
after January first, two thousand eighteen who has successfully
completed such course of law enforcement training within two years of
his or her date of appointment shall receive for each such year of
previous service, up to a total of no greater than five years of
previous service, additional service credit equal to one-sixtieth of his
or her final average salary.

d. Retirement for cause. Upon receipt of a certificate of the
superintendent of state police, pursuant to section two hundred
twenty-nine of the executive law, a member who has accrued twenty-five
or more years of service credit under this section shall be retired on
the first day of the second month next succeeding the date such
certificate was filed with the comptroller.

e. Mandatory retirement. A member subject to the provisions of this
section shall be retired on December thirty-first of the year in which
he or she attains sixty years of age.

Notwithstanding the foregoing, any member in service in the division
on August fifteenth, two thousand seven, and who on that date was
entitled to receive retirement benefits on the thirty-first day of
December in the year in which he or she attained fifty-seven years of
age as provided in paragraph three of subdivision b of this section, may
elect to retain such entitlement, provided the member remains in service
on the thirtieth day of December in the year in which he or she attains
fifty-seven years of age. The provisions of this subdivision shall not
apply to the superintendent.

f. Credit for military service. In computing the years of total
creditable service in the division of state police 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 section three hundred two of this
article, provided such member at the time of his entrance into the armed
forces was in police service as defined in subdivision eleven of section
three hundred two of this article.

g. Transfer of membership to employees' retirement system. Any member
currently enrolled pursuant to this section and who previously
transferred service credit from the New York state and local employees'
retirement system to the New York state and local police and fire
retirement system, may elect to transfer such previously transferred
service credit back to the New York state and local employees'
retirement system, and such member shall have the option to
retroactively transfer his or her membership into such employees'
retirement system.