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This entry was published on 2023-12-15
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SECTION 604
Service retirement benefits
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 15
§ 604. Service retirement benefits. a. The service retirement benefit
at normal retirement age for a member with less than twenty years of
credited service, or less than twenty-five years credited service for a
member who joins the New York state teachers' retirement system on or
after January first, two thousand ten, shall be a retirement allowance
equal to one-sixtieth of final average salary times years of credited
service. Normal retirement age for members who first become members of a
public retirement system of the state on or after April first, two
thousand twelve shall be age sixty-three.

b. The service retirement benefit at normal retirement age for a
member with twenty years or more of credited service, or with
twenty-five or more years credited service for a member who first joins
the New York state teachers' retirement system on or after January
first, two thousand ten, shall be a retirement allowance equal to
one-fiftieth of final average salary times years of credited service not
in excess of thirty years.

Credited service in excess of thirty years shall provide an additional
retirement allowance equal to three-two hundredths of the final average
salary for each year of credited service in excess of thirty years.

b-1. Notwithstanding any other provision of law to the contrary, the
service retirement benefit for members with twenty or more years of
credit service who first become a member of a public retirement system
of the state on or after April first, two thousand twelve at age
sixty-three shall be a pension equal to the sum of thirty-five per
centum and one-fiftieth of final average salary for each year of service
in excess of twenty times final average salary times years of credited
service. In no event shall any retirement benefit payable without
optional modification be less than the actuarially equivalent annuitized
value of the member's contributions accumulated with interest at five
percent per annum compounded annually to the date of retirement.

c. The early service retirement benefit for a member who is a
correction officer of the Westchester county correction department as
defined in section eighty-nine-e of this chapter shall be a pension
equal to one-fiftieth of final average salary times years of credited
service at the completion of twenty-five years of service as such
correction officer, but not exceeding one-half of his or her final
average salary.

d. The early service retirement for a member who is employed in
Suffolk county as a correction officer as defined in section
eighty-nine-f of this chapter, shall be a pension equal to one-fiftieth
of final average salary times years of credited service at the
completion of twenty-five years of service as such correction officer,
but not exceeding one-half of his or her final average salary.

e. The early service retirement for a member who is employed in Nassau
county as a correction officer, uniformed correction division personnel,
sheriff, undersheriff or deputy sheriff, as defined in section
eighty-nine-g of this chapter, shall be a pension equal to one-fiftieth
of final average salary times years of credited service at the
completion of twenty-five years of service as such correction officer,
uniformed correction division personnel, sheriff, undersheriff or deputy
sheriff, but not exceeding one-half of his or her final average salary.

f. The early service retirement for a member who is employed in Albany
county as a sheriff, undersheriff, deputy sheriff, correction officer or
identification officer as defined in section eighty-nine-h of this
chapter shall be a pension equal to one-fiftieth of final average salary
times years of credited service at the completion of twenty-five years
of service as such sheriff, undersheriff, deputy sheriff, correction
officer or identification officer, but not exceeding one-half of his or
her final average salary.

** g. The early service retirement benefit for a member who is
employed in St. Lawrence county as a sheriff, undersheriff, deputy
sheriff or correction officer as defined in section eighty-nine-i of
this chapter shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service as such sheriff, undersheriff, deputy sheriff or
correction officer, but not exceeding one-half of his or her final
average salary.

** NB There are 3 sb g's

** g. The early service retirement benefit for a member who is
employed in Orleans county as a sheriff, undersheriff, deputy sheriff or
correction officer as defined in section eighty-nine-l of this chapter
shall be a pension equal to one-fiftieth of final average salary times
years of credited service at the completion of twenty-five years of
service as such sheriff, undersheriff, deputy sheriff or correction
officer, but not exceeding one-half of his or her final average salary.

** NB There are 3 sb g's

** g. The early service retirement benefit for a member who is
employed in Jefferson county as a sheriff, undersheriff, deputy sheriff
or correction officer as defined in section eighty-nine-j of this
chapter shall be a pension equal to one-fiftieth of final average salary
times years of credited service at the completion of twenty-five years
of service as such sheriff, undersheriff, deputy sheriff or correction
officer, but not exceeding one-half of his or her final average salary.

** NB There are 3 sb g's

h. The early service retirement benefit for a member who is employed
in Onondaga county as a deputy sheriff-jail division competitively
appointed or as a correction officer as defined in section eighty-nine-k
of this chapter shall be a pension equal to one-fiftieth of final
average salary times years of credited service at the completion of
twenty-five years of service as such deputy sheriff-jail division
competitively appointed or as such correction officer, but not exceeding
one-half of his or her final average salary.

i. 1. The early service retirement benefit for a member who is
employed in the office of the district attorney of Westchester county as
a chief criminal investigator, deputy chief criminal investigator,
criminal investigator, senior criminal investigator, confidential
criminal investigator, assistant criminal investigator or criminal
investigator/arson shall be a pension equal to one-fiftieth of final
average salary times years of credited service at the completion of
twenty-five years of service as such chief criminal investigator, deputy
chief criminal investigator, criminal investigator, senior criminal
investigator, confidential criminal investigator, assistant criminal
investigator or criminal investigator/arson, but not exceeding one-half
of his or her final average salary.

2. Notwithstanding the provisions of paragraph one of this
subdivision, if the county of Westchester elects to provide the
retirement benefit pursuant to this paragraph by adopting a resolution
to such effect and filing a certified copy thereof with the comptroller,
the early service retirement benefit for a member who is employed in the
office of the district attorney of Westchester county as a chief
criminal investigator, deputy chief criminal investigator, criminal
investigator, senior criminal investigator, confidential criminal
investigator, assistant criminal investigator or criminal
investigator/arson shall be a pension equal to one-fortieth of final
average salary times years of credited service at the completion of
twenty years of service as such chief criminal investigator, deputy
chief criminal investigator, criminal investigator, senior criminal
investigator, confidential criminal investigator, assistant criminal
investigator or criminal investigator/arson, but not exceeding one-half
of his or her final average salary.

j. The early service retirement benefit for a member who is employed
in Broome county as a sheriff, undersheriff, deputy sheriff or
correction officer as defined in section eighty-nine-m of this chapter
shall be a pension equal to one-fiftieth of final average salary times
years of credited service at the completion of twenty-five years of
service as such sheriff, undersheriff, deputy sheriff or correction
officer, but not exceeding one-half of his or her final average salary.

k. The early service retirement benefit for a member who is a Monroe
county deputy sheriff-court security, or deputy sheriff-jailor as
defined in section eighty-nine-n of this chapter shall be a pension
equal to one-fiftieth of final average salary times years of credited
service at the completion of twenty-five years of service as such deputy
sheriff-court security, or deputy sheriff-jailor, but not exceeding
one-half of his or her final average salary.

l. The early service retirement for a member who is employed in Greene
county as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in section eighty-nine-o of this chapter shall be a pension
equal to one-fiftieth of final average salary times years of credited
service at the completion of twenty-five years of service as such
sheriff, undersheriff, deputy sheriff or correction officer, but not
exceeding one-half of his or her final average salary.

m. The early service retirement benefit for a member who is employed
in a county that makes the election provided for in subdivision j of
section eighty-nine-p of this chapter as a sheriff, undersheriff, deputy
sheriff or correction officer as defined in section eighty-nine-p of
this chapter shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service as such sheriff, undersheriff, deputy sheriff or
correction officer, but not exceeding one-half of his or her final
average salary.

n. The early service retirement benefit for a member who is a traffic
officer with the town of Elmira as defined in section eighty-nine-q of
this chapter shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service as such traffic officer, but not exceeding one-half of
his or her final average salary.

o. The early service retirement for a member who is employed by
Suffolk county as a park police officer as defined in section
eighty-nine-r of this chapter, shall be a pension equal to one-fiftieth
of final average salary times years of credited service at the
completion of twenty-five years of service as such park police officer,
but not exceeding one-half of his or her final average salary. As used
in this section "creditable service" shall include any and all services
performed as a park police officer of the Suffolk county department of
parks, and any and all services performed as a park ranger of the
Suffolk county department of parks.

** p. The early service retirement for a member who is employed as a
peace officer as defined in section eighty-nine-s of this chapter, shall
be a pension equal to one-fiftieth of final average salary times years
of credited service at the completion of twenty-five years of service as
such probation officer, but not exceeding one-half of his or her final
average salary.

** NB There are 4 sb p's

* p. The early service retirement for a member who is employed as an
ambulance medical technician, ambulance medical technician/supervisor or
a member who performs ambulance medical technician related services, or
a police medic, police medic supervisor or a member who performs police
medic related services as defined in section eighty-nine-s of this
chapter, shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service, but not exceeding one-half of his or her final average
salary; for service beyond twenty-five years the benefits shall increase
by one-sixtieth of final average salary for each year of additional
service credit provided, however, that the total allowance payable
pursuant to this section shall not exceed three-fourths of such member's
final average salary.

** NB There are 4 sb p's

** p. The early service retirement for a member who is employed as a
peace officer as defined in section eighty-nine-s of this chapter, shall
be a pension equal to one-fiftieth of final average salary times years
of credited service at the completion of twenty-five years of service as
such probation officer, but not exceeding one-half of his or her final
average salary.

** NB There are 4 sb p's

** p. If the county of Rockland elects to provide the retirement
benefit pursuant to this subdivision by adopting a resolution to such
effect and filing a certified copy thereof with the comptroller, the
early service retirement benefit for a member who is employed in the
office of the district attorney of Rockland county as a chief
investigator/detective, criminal investigator-electronics, criminal
investigator-child abuse, senior criminal investigator or criminal
investigator shall be a pension equal to one-fortieth of final average
salary times years of credited service for the first twenty years of
service plus an additional one-sixtieth of final average salary times
years of credited service for each year beyond the first twenty years of
service as such chief investigator/detective, criminal
investigator-electronics, criminal investigator-child abuse, senior
criminal investigator or criminal investigator, but not exceeding
three-fourths of his or her final average salary.

** NB There are 4 sb p's

** q. The early service retirement benefit for a member who is
employed in a county that makes the election provided for in subdivision
j of section eighty-nine-t of this chapter as a peace officer as defined
in section eighty-nine-t of this chapter shall be a pension equal to
one-fiftieth of final average salary times years of credited service at
the completion of twenty-five years of service as such peace officer in
a county probation department, but not exceeding one-half of his or her
final average salary.

** NB There are 2 sb q's

** q. The early service retirement benefit for a member who is a
qualifying member as defined in subdivision a of section eighty-nine-t
of this chapter shall be a pension equal to one-fiftieth of final
average salary times years of qualifying service, as defined in section
eighty-nine-t of this chapter, at the completion of twenty-five years of
such service, but not exceeding one-half of his or her final average
salary.

** NB There are 2 sb q's

r. If the county of Suffolk elects to provide the retirement benefit
pursuant to this subdivision by adopting a resolution to such effect and
filing a certified copy thereof with the comptroller, the early service
retirement benefit for a member which is employed in the office of the
district attorney of Suffolk county as a detective investigator, senior
detective investigator, principal detective investigator, special
investigator, or district attorney investigator, shall be a pension
equal to one-fortieth of final average salary times years of credited
service for the first twenty years of service plus an additional
one-sixtieth of final average salary times years of credited service
beyond the first twenty years of service as such detective investigator,
senior detective investigator, principal detective investigator, special
investigator, or district attorney investigator, but not exceeding three
fourths of his or her final average salary.

** s. The early service retirement benefit for a member who is a
paramedic employed by the police department in the town of Tonawanda as
defined in section eighty-nine-v of this chapter shall be a pension
equal to one-fiftieth of final average salary times years of credited
service at the completion of twenty-five years of service as such
paramedic, but not exceeding one-half of his or her final average
salary. In addition thereto, upon retirement, each such member shall
receive, for each year of service in excess of twenty-five years, a
pension which shall be equal to one-sixtieth of his or her final average
salary. The total allowance payable pursuant to this section shall not
exceed three-quarters of such member's final average salary.

** NB There are 3 sb s's

** s. The early service retirement for a member who is employed as a
deputy sheriff-civil as defined in section eighty-nine-v of this
chapter, shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service as such deputy sheriff-civil, but not exceeding
one-half of his or her final average salary.

** NB There are 3 sb s's

** s. The early service retirement for a member who is employed in
Rockland county as a correction officer as defined in section
eighty-nine-v of this chapter shall be a pension equal to one-fiftieth
of final average salary times years of credited service at the
completion of twenty-five years of service as such correction officer,
but not exceeding one-half of his or her final average salary.

** NB There are 3 sb s's

t. The early service retirement benefit for a member who is employed
in the county of Nassau as a county fire marshal, supervising fire
marshal, fire marshal, assistant fire marshal, assistant chief fire
marshal, chief fire marshal or division supervising fire marshal as
defined in section eighty-nine-w of this chapter shall be a pension
equal to one-fiftieth of final average salary times years of credited
service at the completion of twenty-five years of service as such county
fire marshal, supervising fire marshal, fire marshal, assistant fire
marshal, assistant chief fire marshal, chief fire marshal or division
supervising fire marshal, but not exceeding one-half of his or her final
average salary.

u. The early service retirement for a member who is employed as a
deputy sheriff-civil as defined in section eighty-nine-x of this
chapter, shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service as such deputy sheriff-civil, but not exceeding
one-half of his or her final average salary.

v. The early service retirement benefit for a member who is employed
by a participating fire district that makes the election provided for in
subdivision j of section eighty-nine-ss of this chapter as an emergency
medical technician, critical care technician, advanced emergency medical
technician, paramedic or supervisor of such titles in a participating
Suffolk county fire district as defined in section eighty-nine-ss of
this chapter shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of twenty-five
years of service as such participating Suffolk county fire district
emergency medical technician, critical care technician, advanced
emergency medical technician, paramedic or supervisor of such titles,
but not exceeding one-half of his or her final average salary; for
service beyond twenty-five years the benefits shall increase by
one-sixtieth of final average salary for each year of additional service
credit provided, however, that the total allowance payable pursuant to
this section shall not exceed three-fourths of such member's final
average salary.