§ 385-a. Retirement of members of the Nassau county police force; new
plan. 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. "County." Nassau county.

2. "Police force." The term "police force" shall include only those
members of the police department who are appointed as police officers.
Such term, however, shall also include every employee of the police
department who entered such service prior to January first, nineteen
hundred forty-eight and who has been contributing since that date in
accordance with the provisions of section three hundred eighty-five of
this article.

3. "Creditable service." Full time duty as an officer or member of the
police force or full time police duty as an officer or member of the
police force of any town, village, city or police district in the
county, in the office of the sheriff of the county prior to April
sixteenth, nineteen hundred twenty-five, as sheriff of the county prior
to December thirty-first, nineteen hundred sixty-five, as a Long Island
state park patrolman, or in the division of state police in the state
executive department.

b. Every member of the police force, including the commissioner who
entered or re-entered service on the police force on and after January
first, nineteen hundred sixty-six and members entering or re-entering
service on the police force on and after April first, nineteen hundred
sixty-seven, and prior to September first, nineteen hundred
seventy-eight, shall contribute on the basis provided for by this
section.

c. Any member of the police force who elected to contribute under
former section eighty-five-a of this chapter shall contribute on the
basis provided for by this section.

d. A member of the police force who elects or is required to
contribute in accordance with this section, shall contribute, in lieu of
the proportion of compensation as provided in section twenty-one of this
article, a proportion of his compensation similarly determined. Such
latter proportion shall be the same as that which was or which would be
computed under subdivision e of section eighty-five of this article,
notwithstanding the fact that such member will be eligible for
retirement after twenty years of creditable service. In no event shall a
member contribute under this section at a higher rate than he was or
would be required to contribute under subdivision e of section
eighty-five of this article had this section not been enacted.

Such member's rate of contribution pursuant to this section shall be
appropriately reduced pursuant to section 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 provided, however,
that such member may by written notice duly acknowledged and filed with
the comptroller, make an election to waive such reduction as provided by
subdivision j of section twenty-one of this article. One year or more
after the filing thereof, a member may withdraw any such election by
written notice duly acknowledged and filed with the comptroller.

e. No member of the police force shall continue to make contributions
after completing twenty years of creditable service.

f. A member of the police force, contributing on the basis of this
section shall be entitled to retire after the completion of twenty years
of creditable service, or on the first day of the month following the
attainment of the mandatory retirement age, by filing an application
therefor in a manner similar to that provided in section seventy of this
article.

(1) Upon completion of twenty years of such service and upon
retirement, each such member shall receive a pension which, together
with an annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement and an
additional pension which is the actuarial equivalent of the
reserve-for-increased-take-home-pay to which he may then be entitled
shall be sufficient to provide him with a retirement allowance equal to
one-half of his final average salary.

(2) Upon attainment of the mandatory retirement age and upon
retirement without completion of twenty years of such service, each such
member shall receive a pension which together with an annuity which
shall be the actuarial equivalent of his accumulated contributions at
the time of his retirement and an additional pension which is the
actuarial equivalent of the reserve-for-increased-take-home-pay to which
he may then be entitled, shall be sufficient to provide him with a
retirement allowance equal to one-fortieth of his final average salary
for each year of creditable service.

Only for the purpose 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 or contributions pursuant to waiver under
subdivision j of section twenty-one of this article, and if it were not
reduced by reason of the members 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 and survivors
insurance coverage.

g. The increased pensions to members of the police force, together
with all other expenses of this retirement plan exceeding the
contribution required to be made by members pursuant to subdivision d of
this section, shall be paid from contributions made by the county on
account of such members. The actuary of the retirement system shall
compute the additional contribution for each member who participates
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 county executive of the
county. The amount thereof shall be included in the annual
appropriation of the county for the Nassau county police. Such amount
shall be paid on the warrant of the county comptroller to the pension
accumulation fund of the retirement system.

h. Every member of the police force except the commissioner of police
contributing under this section shall leave the service on the last day
of the calendar month in which he attains age fifty-nine, which shall be
his mandatory retirement age. The commissioner after age fifty-nine and
before age seventy may elect to retire and if he does so the date of his
retirement shall for the purpose of this section be deemed his mandatory
retirement age.

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