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This entry was published on 2014-09-22
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SECTION 384-B
Retirement of members of the police department of the city of Glen Cove, after twenty years of service
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 10
§ 384-b. Retirement of members of the police department of the city of
Glen Cove, after twenty years of service. a. As used in this section,
the following words and phrases shall have the following meanings unless
a different meaning is plainly required by the context:

1. "Police department". Members of the city of Glen Cove police
department.

2. "Service in such department". Full time police duty as an officer
or member of the organized police department in the above mentioned
city.

b. Every member in the police department who enters or re-enters
service in the department on or after July first, nineteen hundred
sixty-five, and who is contributing under former section eighty-four-a
of this chapter and members entering or re-entering service in the
department on and after April first, nineteen hundred sixty-seven and
prior to September first, nineteen hundred eighty, shall contribute to
the retirement system in the manner provided for by this section.

c. Every member in the police department who entered such service
prior to July first, nineteen hundred sixty-five and who elected to
contribute under former section eighty-four-a of this chapter shall
contribute on the basis provided for by this section.

d. A member who elected to contribute under former section
eighty-four-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-eightieth of his final average salary for each year of service as a
member rendered after July first, nineteen hundred sixty-five and prior
to the attainment of the age when he shall first become eligible for
retirement. No such member shall be required to continue contributions
after completing twenty years of service.

e. A member contributing on the basis of this section at the time of
retirement, shall be entitled to retire after the completion of twenty
years of total creditable service in such department, or upon the
attainment of age sixty-two, by filing an application therefore in a
manner similar to that provided in section 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 is the actuarial equivalent of the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, plus

3. A pension of one-eightieth of his final average salary for each
year of service rendered:

(a) Since he last became a member, and

(b) Prior to the completion of twenty years of total service in such
department, and

(c) Toward which he and his employer have contributed under this
section, plus

4. An additional pension, if required, of such amount as shall be
necessary to increase the total amount of the benefits provided under
paragraphs one, two and three of this subdivision e to at least one-half
of his final average salary. The computation of this pension shall be
limited so that the total service in such department used as a basis for
pension credit under this paragraph four and paragraph three of this
subdivision e, shall not exceed twenty years, plus

5. An additional pension equal to the pension for any creditable
service rendered while not an employee of such department as provided
under paragraphs three and four of subdivision (a) of section three
hundred seventy-five of this article. This pension shall be based on
member's final average salary, and

(a) Be payable only if such member has attained age sixty-two at the
time of retirement and has not completed twenty years of service in such
department 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 in such department.

For the purpose only of determining the amount of the pension provided
in this subdivision, the annuity shall be computed as it would be if it
were not reduced by the actuarial equivalent of any outstanding loan,
and if it were not increased by the actuarial equivalent of any
additional contributions, and if it were not reduced by reason of the
member's election to decrease his annuity contributions to the
retirement system in order to apply the amount of such reduction in
payment of his contributions for old-age survivors insurance coverage.

f. A member who elects or is required to contribute in accordance with
this section shall retire on the first day of the calendar month next
succeeding his attainment of age sixty-two.

g. The increased pensions to any member in such department, as
provided by this section, shall be paid from additional contributions
made by the appropriate participating employer on account of such
member. The actuary of the retirement system shall compute the
additional contributions for each member who elects 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 of the comptroller, such additional
contributions shall be certified by him to the fiscal officer of the
participating employer. The amount thereof shall be included in the
annual appropriation of the participating employer for its police
department. Such amount shall be paid on the warrant of the fiscal
officer of the participating employer to the pension accumulation fund
of the retirement system.

h. In computing the twenty years of completed service of a member in
the police department, 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 for
Mexican border service.

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