§ 387. Retirement of members in the Suffolk county police force. 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." Suffolk county.

2. "Department." Suffolk county police department.

3. "Service in such department." Full time police duty as an officer
or member of such department, or full time police duty or bay constable
duty as an officer or member of the police force, police department or
constable of any town, village or police district in the county, or as a
criminal investigator in the office of the district attorney of Suffolk
county prior to January first, nineteen hundred sixty or as a Long
Island state park patrolman or a member of the division of state police
in the state executive department.

b. Any member in service in such department, including the
commissioner of police, on January first, nineteen hundred sixty, who
elected, on or before July first, nineteen hundred sixty, to contribute
to the New York state employees' retirement system pursuant to the
provisions of former section eighty-seven 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 an 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 sixty, employees
entering or re-entering service in such department:

1. As members of the police force, including the commissioner of
police or deputy commissioner of police, 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 sixty, 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-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
therefor 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

1-a. 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

2. 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

3. 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 sixty. 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 three
and paragraph two of this subdivision e shall not exceed twenty-five
years, and

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

4. 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 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 Suffolk county police department.
Such amount shall be paid on the warrant of the comptroller of the
county 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 three hundred 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 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
purusant 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 at the time of retirement be withdrawn or
used to provide an annuity in addition to the annuity prescribed by this
section.

i. A member who elected or is required to contribute in accordance
with this section, who does not apply for retirement upon completion of
twenty-five years of service in such department, may, at the option of
the commissioner of police of Suffolk county, be separated from service
at any time subsequent to the completion of twenty-five years of service
in such department.

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