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This entry was published on 2014-09-22
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SECTION 383-A
Retirement of members of the regional state park police; new plan
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 10
§ 383-a. Retirement of members of the regional state park police; new
plan. a. Every member or officer of the regional state park police who
enters or re-enters service on or after June twenty-eighth, nineteen
hundred sixty-five shall contribute on the basis provided for by this
section.

b. Every member or officer in the regional state park police who
entered such service prior to June twenty-eighth, nineteen hundred
sixty-five, and who elected to contribute under former section
eighty-three-a of this chapter shall contribute on the basis provided
for by this section, if he so elected on or before December
thirty-first, nineteen hundred sixty-five.

c. A member who elected to contribute under former section
eighty-three-a 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 March twenty-eighth, nineteen hundred
forty-nine, 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. No such member shall be
required to continue contributions after completing twenty-five years of
such service.

d. 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 service 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, together with such annuity and a pension which is
the actuarial equivalent of the reserve-for-increased-take-home-pay to
which he may then be entitled, if any shall equal one-fiftieth of his
final average salary for each year of creditable service in such
division. This pension shall not exceed the amount needed to make the
total amount of the benefits provided under paragraphs one and two--
this subdivision d equal to one-half of final average salary.

3. An additional pension equal to the pension for any creditable
service rendered while not employed in regional state park police
service as provided under paragraphs two and three 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 as a
member of the regional state park police 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 as a member of the regional
state park police.

For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:

(aa) if not reduced by the actuarial equivalent of any outstanding
loan, and

(bb) if not increased by the actuarial equivalent of any additional
contributions, and

(cc) if not reduced by reason of the member's election to decrease his
annuity contributions to the retirement systems in order to apply the
amount of such reduction in payment of his contributions for old-age and
survivors insurance coverage.

e. The increased pensions to members of the regional state park
police, as provided by this section, shall be paid from additional
contributions made by the state on account of such members. The actuary
of the retirement system shall compute the additional contribution of
each member who elects to receive 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 retirement system for such extra
pensions. Upon approval by the comptroller, such additional
contributions shall be certified by him to the commissioner of
conservation. The amount thereof shall be included in the annual
appropriation of the state for the conservation department. Such amount
shall be paid on the warrant of the comptroller to the pension
accumulation fund of the retirement system.

f. In computing the twenty-five years of completed service of a member
of the regional state park police, 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 or Mexican border service.

g. Service in the division of the state police in the executive
department shall be considered allowable service in regional state park
police service, for the purposes of this section, provided that the
member pays or has paid the required contributions and provided,
further, that in the case of employees entering or re-entering regional
state park police service on or after July first, nineteen hundred
fifty-four, only credit for service as a member or officer of the state
police shall be so allowable.

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

i. Notwithstanding any provision of subdivision a, b or h of this
section to the contrary, a member who is in the collective negotiating
unit designated as the security services unit and established pursuant
to article fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come under
the provisions of section three hundred seventy-five-h of this article.
Such election shall be duly executed and filed with the comptroller.