§ 386. Retirement of members in the Westchester county department of
public safety services; closed 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." Westchester county.

2. "Department." Prior to July first, nineteen hundred seventy-nine,
the Westchester county parkway police force; on or after July first,
nineteen hundred seventy-nine, the Westchester county department of
public safety services.

3. "Service in such department." Full time police duty as an officer
or member of such department, or the police department or police force
of any city, town, village or police district in the county, or in the
division of state police in the state executive department.

b. Any member in service in such department on January first, nineteen
hundred fifty-eight, who elected, on or before July first, nineteen
hundred fifty-eight, to contribute to the New York state employees'
retirement system pursuant to the provisions of former section
eighty-six of this chapter, in effect prior to April first, nineteen
hundred sixty-seven, 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 service in such department, or

2. Attainment of age sixty in service in such department, if prior
thereto,
on all allowance of one-fiftieth of his final average salary for each
year of service in such department not in excess of twenty-five years,
provided such election was in writing and duly executed and filed with
the comptroller.

c. On or after January first, nineteen hundred fifty-eight, but prior
to July first, nineteen hundred seventy, employees entering or
re-entering service in such department:

1. As members of the police force shall contribute on the basis
provided for by this section.

2. Other than as members of the police force shall not be eligible to
the benefits of this section.

d. A member, 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 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 rendered on and after January first,
nineteen hundred fifty-eight, and 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 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 three hundred 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. No such member shall be required to continue contributions
after completing twenty-five years of such 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-five years of creditable service in such department or upon
attainment of age sixty, if prior thereto, by filing an application
therefore in a manner similar to that provided in section three hundred
seventy of this article. He thereupon shall receive, upon 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-one hundredth 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-five years of service in such
department, and

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

4. An additional pension of one-fiftieth of his final average salary,
multiplied by the number of years of service in such department prior to
January first, nineteen hundred fifty-eight. This pension shall be
payable only if such member has had one or more years of service as a
member. The computation of this pension shall be subject to the further
conditions that:

(a) The service shall be limited so that the 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-five
years, and

(b) The amount of the additional pension payable pursuant to this
paragraph four shall not exceed the amount needed to increase the total
amount of the benefits provided under paragraphs one, two and three of
this subdivision e to one-half of the final average salary, 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:

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

f. The increased pensions to members of such department, as provided
by this section, shall be paid from additional contributions made by the
county on account of such members. The actuary of the police and fire
retirement system shall compute the additional contribution 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 police and fire retirement system for such extra
pensions. Upon the approval by the comptroller, such additional
contributions shall be certified by him or her to the county executive
of the county. The amount thereof shall be included in the annual
appropriation of the county for the Westchester county parkway police
force. Such amount shall be paid on the warrant of the county department
of finance to the pension accumulation fund of the police and fire
retirement system.

g. In computing the twenty-five years of completed service in such
department, 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 article, provided such member at the time of his
entrance into the armed forces was in service in such department, and
for service in time of war during world war I 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 and
marines who were actual residents of the state at the time of their
entry into the military service of the United States.

h. Upon retirement of any member pursuant to this section, any
additional amounts credited to the member's annuity savings account
pursuant to subdivision b of section three hundred thirty of this
article shall be treated as excess contributions and shall be used to
provide an annuity in addition to the annuity prescribed by this
section. Any other amounts credited to the member's annuity savings
account, except the amounts contributed or required to be contributed
under this section and except such amounts as are required to produce
the retirement allowance provided by subdivision e of this section, may
at the option of the member of the time of retirement be withdrawn or
used to provide an annuity in addition to the annuity prescribed by this
section.

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