* § 389. Twenty year retirement plan for LIRR police officers. a. As
used in this section, the following words and phrases shall have the
following meaning unless a different meaning is plainly required by the
context:

1. "LIRR". The Long Island Railroad Company.

2. "LIRR police officer." A person who on or after the effective date
of this section holds an appointment as a police officer in the LIRR
police department pursuant to section eighty-eight of the railroad law
as well as any probationary police officer in that department who is
expected to hold such an appointment after completing the requisite
training, but not including any such person unless the person's initial
employment with that department was in the position of such probationary
police officer or as a patrolman, policewoman, sergeant, lieutenant or
detective, or any successor title to any of the foregoing positions.

3. "LIRR police service." Service rendered prior to or on or after the
effective date of this section by any LIRR police officer while serving
only as a LIRR police officer.

4. "Twenty-year plan." The twenty year retirement plan for LIRR police
officers as provided in this section.

b. Except as otherwise provided in this article, a LIRR police officer
referred to in paragraph three of subdivision b of section three hundred
forty of this article or a LIRR police officer referred to in paragraph
one of subdivision c of such section who files an election pursuant to
subdivision d of this section shall be entitled to all retirement system
benefits provided to a member who participates in sections three hundred
eighty-four-d and three hundred eighty-four-e of this article and who
joins or rejoins the retirement system on the same date as such LIRR
police officer joins or rejoins the retirement system (subject to the
provisions of subdivision c of section four hundred forty of this
chapter).

c. Except as otherwise provided in this article, any provision of law
and any regulation promulgated by the head of the retirement system,
including, but not limited to, any such provision or regulation
pertaining to contributions, membership rights, benefits, service
credit, and procedures which are applicable to a member who joins or
rejoins the retirement system on the same date as a LIRR police officer
joins or rejoins the retirement system (subject to the provisions of
subdivision c of section four hundred forty of this chapter), as such
member is referred to in subdivision b of this section, and by virtue of
such member's membership in the retirement system, shall, to the extent
that any such provision or regulation is found applicable by the head of
the retirement system, apply to a LIRR police officer who contributes to
the retirement system referred to in subdivision b of this section.

d. A LIRR police officer referred to in paragraph three of subdivision
b of section three hundred forty of this article shall contribute to the
retirement system pursuant to the schedule provided in this paragraph
upon becoming a LIRR police officer, which rate shall thereafter not be
changed. A LIRR police officer referred to in paragraph one of
subdivision c of such section shall contribute to the retirement system
at the rate determined pursuant to the schedule provided in this
paragraph commencing with the effective date of this section but based
on his age when LIRR police service commenced, which rate shall
thereafter not be changed. Except as otherwise provided in this article,
such contributions shall be calculated, collected, credited and
otherwise treated by the retirement system in the same manner as are
member contributions and accumulated contributions under this chapter. A
member of the twenty year plan shall not, however, be required to
contribute pursuant to this paragraph after he has completed twenty
years of LIRR police service, nor shall such a member be permitted to
make contributions thereafter except as otherwise provided in this
section prior to the completion of twenty years of LIRR police service.
In the event of termination of employment with the LIRR as a LIRR police
officer, a member of the twenty year plan who is not vested or entitled
to any other benefit under this section or any other provision of this
chapter may withdraw an amount equal to his accumulated contributions
with interest credited thereon. In the event such membership shall
terminate other than as a result of transfer to a public employer, any
contributions and interest thereon remaining to the credit of the member
shall be refunded. For the purpose of such withdrawal or refund, the
contributions shall be credited with interest at the rate of five
percent per annum. Upon withdrawal of contributions by a member pursuant
to this paragraph, membership in the retirement system shall cease. A
former member who thereafter returns to employment with the LIRR as a
LIRR police officer shall not receive any credit for previous service to
which such withdrawn or refunded contributions applied unless such
member applies therefor and repays the amounts so withdrawn or refunded,
together with interest through the date of repayment at the rate of five
percent per annum.

Age at commencement of

LIRR police service Percentage rate

18 5.90

19 5.70

20 5.55

21 5.35

22 5.15

23 5.00

24 4.80

25 4.65

26 4.45

27 4.30

28 4.15

29 3.95

30 3.80

31 3.65

32 3.50

33 3.35

34 3.15

35 or older 3.00

e. In addition to such other sections of this chapter, as may pursuant
to subdivision b of this section, apply in accordance with their terms
(including, but not limited to, sections three hundred sixty-one, three
hundred sixty-one-a, three hundred sixty-three, three hundred
sixty-three-c and three hundred sixty-four), sections three hundred
sixty-two, three hundred seventy-six, three hundred eighty-four-d, three
hundred eighty-four-e and four hundred forty-eight of this chapter shall
apply to a LIRR police officer who is a member of the retirement system
in accordance with this section except as otherwise provided herein, and
provided that LIRR police service shall be substituted for total service
credit, as that latter term is used in section three hundred sixty-two,
for total service as that term is used in section three hundred
seventy-six, for total creditable service as that term is used in
section three hundred eighty-four-d, and for service as that term is
used in sections three hundred eighty-four-e and four hundred
forty-eight. Notwithstanding any other provision of the foregoing
sections or of this article to the contrary, member contributions under
subdivision d of this section shall not entitle the member to any
benefit pursuant to section three hundred eighty-four-d of this article
greater than one-half of his final average salary after twenty years of
LIRR police service, or, in the case of a member who has more than
twenty years of LIRR police service at retirement, any benefit pursuant
to subdivision b of section three hundred eighty-four-e of this article
for such additional years of LIRR police service not exceeding ten, or,
in the case of a member who has ten or more years but less than twenty
years of LIRR police service upon termination of service as a LIRR
police officer, any benefit pursuant to section three hundred
seventy-six of this article greater than the vested retirement allowance
described in subdivision b of section three hundred seventy-six of this
article.

f. Within one hundred twenty days after the effective date of this
section, the sum of (a) the balance held under The Long Island Rail Road
Company Money Purchase Plan for the account of all LIRR police officers
who as of the effective date become members of the retirement system
pursuant to section three hundred forty of this article and (b) the
amount of any contributions under The Long Island Rail Road Company
Pension Plan or The Long Island Rail Road Company Plan for Additional
Pensions made by any such LIRR police officer, together with interest on
such contributions in the same amount as interest would be credited
thereto under such plans if the amount of these contributions were
refunded thereunder to the member involved on the date of the transfer,
shall be transferred to the pension accumulation fund of the retirement
system by the LIRR and the amount so transferred other than the account
balance under The Long Island Rail Road Company Money Purchase Pension
Plan deriving from contributions thereunder by the LIRR shall be
considered contributions for purposes of subdivision d of this section.

g. Commencing on the effective date of this section and in a manner
determined by the head of the retirement system, the LIRR shall make
contributions to the retirement system to fund the normal cost to the
extent not funded by member contributions and the past service liability
cost associated with the implementation of this section to the extent
not funded by the amounts referred to in subdivision f of this section
as those costs are calculated by the retirement system actuary. Such
contributions to fund the past service liability shall be made in level
dollar installments over a period equal to (a) the average remaining
working lifetime of the members of the twenty year plan or (b) ten
years, at the election of the LIRR, by notice of such election to the
retirement system together with the notice by the LIRR provided for in
subdivision b of section three hundred thirty-one of this article.

** h. Notwithstanding any other provision of law, the LIRR shall pick
up the member contributions required on and after the effective date of
this subdivision to be made under this section by LIRR police officers
and shall do so by reducing the salary of each of its employees to which
this section is applicable by that amount which each such employee is
required to contribute under this section. The contributions so picked
up shall be paid by the LIRR in lieu of the member contributions to be
paid by its employees under this section and shall be treated as
employer contributions in determining income tax treatment under section
four hundred fourteen (h) of the Internal Revenue Code. With the
exception of federal income tax treatment, the employee contributions
picked up or paid pursuant to this subdivision shall for all other
purposes, including computation of retirement benefits and contributions
by the LIRR and its employees, be deemed employee salary. Nothing
contained in this subdivision shall be construed as superseding the
provisions of section four hundred thirty-one of this chapter or any
similar provision of law which limits the salary base for computing
retirement benefits payable by a public retirement system.

** NB Effective the first day of the calendar month following receipt
by the comptroller of the election by The Long Island Rail Road Company
and shall remain in full force and effect only so long as such treatment
of employee contributions is authorized pursuant to the provisions of
the Internal Revenue Code

* NB Effective the first day of the calendar month following receipt
by the comptroller of the election by The Long Island Rail Road Company