Legislation
SECTION 383-D
Alternative retirement benefits for university police officers appointed by the state university
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 10
§ 383-d. Alternative retirement benefits for university police
officers appointed by the state university. a. As used in this section,
the term "university police officer" shall mean a person who is so
appointed pursuant to paragraph l of subdivision two of section three
hundred fifty-five of the education law.
b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any university police officer in the service
of the state university 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, two thousand fifteen. 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 university police officer in the service of the state
university who elects or is required to contribute under this section
shall contribute to the New York state and local police and fire
retirement system on the basis of retirement upon his or her:
1. Completion of twenty-five years of total creditable service; or
2. Attainment of age sixty as a university police officer in the
service of the state university, if prior thereto, on an allowance of
one-fiftieth of his or her final average salary for each year of total
creditable service 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 service as a university
police officer in the service of the state university on or after the
effective date of this section 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 or her compensation similarly determined. Such latter
proportion shall be computed to provide at the time when he or she shall
first become eligible for retirement under this section, an annuity
equal to one-one hundredth of his or her final average salary for each
year of service as a member prior to the attainment of the age when he
or she 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 or her 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 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 or she
shall receive, on retirement, a retirement allowance consisting of:
1. An annuity which shall be the actuarial equivalent of his or her
accumulated contributions at the time of his or her 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 or she may then be entitled, if any, shall equal one-fiftieth
of his or her final average salary for each year of creditable service
in such service. This pension shall not exceed the amount needed to make
the total amount of the benefits provided under this paragraph and
paragraph one 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 as a university police officer in
the service of the state university 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
university police officer in the service of the state university for
which he or she receives credit under this article, and
(ii) Not increase the total allowance to more than he or she would
have received had his or her total service been rendered as a university
police officer in the service of the state university. 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
or her annuity contributions to the retirement system in order to apply
the amount of such reduction in payment of his or her contributions for
old-age and survivors insurance coverage.
g. The increased pensions to a university police officer in the
service of the state university, 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 or her to the
chancellor of the state university. The amount thereof shall be included
in the annual appropriation of the state for the state university. 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
university police officer in the service of the state university, 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 two of this
chapter, provided such member at the time of his of her entrance into
the armed forces was in state service, and full credit and full
allowance shall be made for service as a university peace officer prior
to the effective date of chapter four hundred twenty-four of the laws of
nineteen hundred ninety-eight.
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 agency police 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, two thousand sixteen, 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.
k. Commencing with the effective date of this section and in a manner
determined by the head of the retirement system, the state, as employer,
shall make contributions to the retirement system to fund the past
service liability costs associated with the implementation of this
section as those costs are calculated by the retirement system actuary.
Such contributions may, at the election of the employer, be amortized
over a ten year period.
officers appointed by the state university. a. As used in this section,
the term "university police officer" shall mean a person who is so
appointed pursuant to paragraph l of subdivision two of section three
hundred fifty-five of the education law.
b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any university police officer in the service
of the state university 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, two thousand fifteen. 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 university police officer in the service of the state
university who elects or is required to contribute under this section
shall contribute to the New York state and local police and fire
retirement system on the basis of retirement upon his or her:
1. Completion of twenty-five years of total creditable service; or
2. Attainment of age sixty as a university police officer in the
service of the state university, if prior thereto, on an allowance of
one-fiftieth of his or her final average salary for each year of total
creditable service 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 service as a university
police officer in the service of the state university on or after the
effective date of this section 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 or her compensation similarly determined. Such latter
proportion shall be computed to provide at the time when he or she shall
first become eligible for retirement under this section, an annuity
equal to one-one hundredth of his or her final average salary for each
year of service as a member prior to the attainment of the age when he
or she 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 or her 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 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 or she
shall receive, on retirement, a retirement allowance consisting of:
1. An annuity which shall be the actuarial equivalent of his or her
accumulated contributions at the time of his or her 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 or she may then be entitled, if any, shall equal one-fiftieth
of his or her final average salary for each year of creditable service
in such service. This pension shall not exceed the amount needed to make
the total amount of the benefits provided under this paragraph and
paragraph one 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 as a university police officer in
the service of the state university 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
university police officer in the service of the state university for
which he or she receives credit under this article, and
(ii) Not increase the total allowance to more than he or she would
have received had his or her total service been rendered as a university
police officer in the service of the state university. 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
or her annuity contributions to the retirement system in order to apply
the amount of such reduction in payment of his or her contributions for
old-age and survivors insurance coverage.
g. The increased pensions to a university police officer in the
service of the state university, 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 or her to the
chancellor of the state university. The amount thereof shall be included
in the annual appropriation of the state for the state university. 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
university police officer in the service of the state university, 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 two of this
chapter, provided such member at the time of his of her entrance into
the armed forces was in state service, and full credit and full
allowance shall be made for service as a university peace officer prior
to the effective date of chapter four hundred twenty-four of the laws of
nineteen hundred ninety-eight.
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 agency police 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, two thousand sixteen, 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.
k. Commencing with the effective date of this section and in a manner
determined by the head of the retirement system, the state, as employer,
shall make contributions to the retirement system to fund the past
service liability costs associated with the implementation of this
section as those costs are calculated by the retirement system actuary.
Such contributions may, at the election of the employer, be amortized
over a ten year period.