* § 383-b. Retirement of members of the division of law enforcement in
the department of environmental conservation. a. As used in this
section, the term "member of the division of law enforcement of the
department of environmental conservation" shall mean service in full
time police duty as a sworn police officer of the division of law
enforcement in the department of environmental conservation.

b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any sworn police officer of the division of
law enforcement in the department of environmental conservation who is a
member of the New York state employees' retirement system may transfer
to the New York state and local police and fire retirement system and
shall receive credit pursuant to and be entitled to the retirement
benefits afforded in accordance with this section. Upon any such
transfer the member shall be entitled to the amount of service which
would have been deemed creditable had such member been subject to such
system during the course of his or her membership within such system.
Contributions to such system shall be made in accordance with
appropriate provisions of law relating thereto. Application for such
transfer must be made to the state comptroller on or before December
thirty-first, nineteen hundred eighty-six. The provisions of section
three hundred forty-three of this article shall apply to any member
making application for transfer under this subdivision.

c. Any member of the division of law enforcement in the department of
environmental conservation who elects or is required to contribute under
this section 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 the division of
law enforcement in the department of environmental conservation, or

2. Attainment of age sixty in the division of law enforcement in the
department of environmental conservation, if prior thereto, on an
allowance of one-fiftieth of his final average salary for each year of
total service in the division of law enforcement in the department of
environmental conservation not in excess of twenty-five years. Such
election shall be in writing and shall be duly executed and filed with
the comptroller.

d. Every employee entering or re-entering the division of law
enforcement in the department of environmental conservation on or after
January first, nineteen hundred eighty-seven shall contribute on the
basis provided for by this section.

e. A member who 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 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.

f. 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 paragraph one and this
paragraph 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 the division of law enforcement
in the department of environmental conservation as provided under
paragraphs two and three of subdivision a of section three hundred
seventy-five of this article. This pension shall:

(i) 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 division of law enforcement in the department of
environmental conservation for which he receives credit under this
article, and

(ii) Not increase the total allowance to more than he would have
received had his total service been rendered as a member of the division
of law enforcement in the department of environmental conservation.

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

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

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

(C) 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.

g. The increased pensions to members of the division of law
enforcement in the department of environmental conservation, 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 environmental conservation. The
amount thereof shall be included in the annual appropriation of the
state for the department of environmental conservation. Such amount
shall be paid on the warrant of the comptroller to the pension
accumulation fund of the retirement system.

h. In computing the twenty-five years of completed service of a member
of the division of law enforcement in the department of environmental
conservation, 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.

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

j. Notwithstanding any provision of subdivision d, e or i 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 eighty-seven, 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.

* NB There are 2 § 383-b's