* § 383-b. Retirement of members of the capital police force in the
office of general services. a. As used in this section, the term
"members of the capital police force in the office of general services"
shall mean service in full time police duty as a sworn police officer of
the capital police force in the office of general services.

b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any sworn police officer of the capital
police force in the office of general services who is a member of the
New York state and local 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 capital police force in the office of general
services 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 capital
police force in the office of general services, or

2. Attainment of age sixty in the capital police force in the office
of general services, if prior thereto, on an allowance of one-fiftieth
of his final average salary for each year of total service in the
capital police force in the office of general services 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 capital police force in
the office of general services 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; and

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 of
this subdivision 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 capital police force in the
office of general services 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 capital police force in the office of general services 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 capital
police force in the office of general services.

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 capital police force in
the office of general services, 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 the office of general services. The amount thereof shall be included
in the annual appropriation of the office of general services. 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 capital police force in the office of general services, 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 of 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-f of this article.
Such election shall be duly executed and filed with the comptroller.

* NB There are 2 § 383-b's