§ 387-a. Retirement of members of the Suffolk 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." Suffolk county.

2. "Police force." All members of the police department excepting
those members appointed to render clerical or stenographic, mechanical,
chauffeur or laboring service exclusively. Such term, however, shall
also include every employee of the police department who entered such
service prior to January first, nineteen hundred sixty and who has been
contributing since that date in accordance with the provisions of
section eighty-seven of this article.

3. "Creditable service." 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 constabulary
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 or
full time police duty as a police officer in any city of the state of
New York 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. Every member of the police force, including the commissioner, who
enters or re-enters service on the police force on or after January
first, nineteen hundred sixty-eight, shall contribute to the retirement
system in the manner provided for by this section. On and after January
first, nineteen hundred seventy-nine no person may elect to be covered
under the provisions of this section.

c. Any member of the police force who is contributing on the basis of
retirement at age sixty or under sections three hundred seventy-one,
three hundred seventy-one-a, three hundred seventy-two, three hundred
seventy-five, three hundred eighty-four or three hundred eighty-seven of
this article, may, on or after September first, nineteen hundred
sixty-seven, and before January first, nineteen hundred sixty-nine,
elect to come under the provisions of this section. Such election shall
be in writing and shall be duly executed and filed with the comptroller.
By such election, such member shall waive any and all rights and
benefits to which he was previously entitled under sections three
hundred seventy-one, three hundred seventy-one-a, three hundred
seventy-two, three hundred seventy-five, three hundred eighty-four or
three hundred eighty-seven of this article, and shall accept instead,
the rights and benefits of this section as of January first, nineteen
hundred sixty-nine. He thereupon shall be given credit for such service
and contributions as he was otherwise credited with under sections three
hundred seventy-one, three hundred seventy-one-a, three hundred
seventy-two, three hundred seventy-five, three hundred eighty-four or
three hundred eighty-seven of this article.

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 d of section eighty-seven of this chapter,
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 d of section
eighty-seven 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 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 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 Suffolk 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
or deputy commissioner of police contributing under this section shall
leave the service on the last day of the calendar month in which he
attains age sixty-two, which shall be his mandatory retirement age. The
commissioner or deputy commissioner after age sixty-two 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.