§ 89. Retirement of members in the uniformed personnel in institutions
under the jurisdiction of the department of corrections and community
supervision or who are security hospital treatment assistants; new plan.
a. Any member in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as hereinafter defined, who enters or re-enters service on or after the
effective date of this section, or who is a security hospital treatment
assistant who enters or reenters service on or after the effective date
of the amendment permitting security hospital treatment assistants to be
covered by this section, shall contribute on the basis provided for by
this section.

b. Any member in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as hereinafter defined, who entered such service prior to the effective
date of this section may, on or before September first, nineteen hundred
sixty-six, 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.

c. Any member in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as hereinafter defined, who entered such service prior to the effective
date of this section, may, on or before December thirty-first, nineteen
hundred sixty-six, 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. Any such member who has made an election as set
forth herein on or before December thirty-first, nineteen hundred
sixty-five, shall be permitted to withdraw the same and in like manner
make a new election on or before December thirty-first, nineteen hundred
sixty-six.

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 twenty-one of this article, a proportion of his
or her compensation similarly determined. Such latter proportion shall
be computed to provide at the time when he or she shall first become
eligible for retirement under this section, an annuity equal to one-one
hundredth of his or her final average salary for each year of service as
a member rendered after May first, nineteen hundred sixty-five, and
prior to the attainment of the age when he or she shall first become
eligible for retirement. 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 or her employer
contributes pursuant to such section toward
pensions-providing-for-increased-take-home pay. 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 total creditable service as defined in subdivision
i of this section, or upon the attainment of age sixty, by filing an
application therefor in a manner similar to that provided in section
seventy of this article. He or she thereupon shall receive, on
retirement a retirement allowance consisting of:

1. An annuity, which shall be the actuarial equivalent of his or her
accumulated contributions at the time of his or her retirement, plus,

2. A pension which, together with such annuity and a pension which is
the actuarial equivalent of the reserves for-increased-take-home pay to
which he or she may then be entitled, if any, shall equal one-fiftieth
of his or her final average salary for each year of creditable service
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision or for each year of
creditable service as a security hospital treatment assistant under the
jurisdiction of the office of mental health, as hereinafter defined.
This pension shall not exceed the amount needed to make the total amount
of the benefits provided under paragraphs one and two of this
subdivision e equal to one-half of his or her final average salary.

3. An additional pension equal to the pension for any creditable
service rendered while not in the uniformed personnel in institutions
under the jurisdiction of the department of corrections and community
supervision and rendered while not serving as a security hospital
treatment assistant under the jurisdiction of the office of mental
health, as hereinafter defined, as provided under paragraphs two and
three of subdivision a of section 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 for
which he receives credits under this article, and

(b) Not increase the total allowance to more than one-half of his or
her final average salary.

For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:

(aa) if not reduced by the actuarial equivalent of any outstanding
loan, and

(bb) if not increased by the actuarial equivalent of any additional
contributions, and

(cc) if not reduced by reason of the member's election to decrease his
or her 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.

f. The increased pensions to members of the uniformed personnel in
institutions under the jurisdiction of the department of corrections and
community supervision or to members who are security hospital treatment
assistants under the jurisdiction of the office of mental health, as
provided by this section, shall be paid from additional contributions
made by the state on account of such member. The actuary of the
retirement system shall compute the additional contribution of each
member who elects to receive 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 retirement system for such extra pensions.

g. In computing the twenty-five years of completed service of a member
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision or of a member who
is a security hospital treatment assistant under the jurisdiction of the
office of mental health, as hereinafter defined, full credit shall be
given and full allowance shall be made for service of such member in war
after world war 1 as defined in section two of this chapter, provided
such member at the time of his or her entrance into the armed forces was
in state service.

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

i. As used in this section, "uniformed persons" or "uniformed
personnel" in institutions under the jurisdiction of the department of
corrections and community supervision or "security hospital treatment
assistants" under the jurisdiction of the office of mental health mean
officers or employees holding the titles hereinafter set forth in
institutions under the jurisdiction of the department of corrections and
community supervision or under the jurisdiction of the office of mental
health, namely: correction officers, prison guards, correction
sergeants, correction lieutenants, correction captains, deputy assistant
superintendent or warden, deputy warden or deputy superintendent,
superintendents and wardens, assistant director and director of
correction reception center, director of correctional program, assistant
director of correctional program, director of community correctional
center, community correctional center assistant, correction hospital
officers, male or female, correction hospital senior officers,
correction hospital charge officer, correction hospital supervising
officer, correction hospital security supervisor, correction hospital
chief officer, correction youth camp officer, correction youth camp
supervisor, assistant supervisor, correctional camp superintendent,
assistant correctional camp superintendent, director of crisis
intervention unit, assistant director of crisis intervention unit,
security hospital treatment assistants, security hospital treatment
assistants (Spanish speaking), security hospital senior treatment
assistants, security hospital supervising treatment assistants and
security hospital treatment chiefs. Previous service rendered under the
titles by which such positions were formerly designated and previous
service rendered as a narcotic addiction control commission officer
shall constitute creditable service. Notwithstanding any provision of
law to the contrary, any employee of the department of corrections and
community supervision who became enrolled under this section by reason
of employment as a uniformed person in an institution under the
jurisdiction of the department of corrections and community supervision
shall be entitled to full retirement credit for, and full allowance
shall be made under this section for the service of such employee, not
to exceed twelve years, while assigned to the training academy or
central office, in the following titles, namely: correction officer,
correction sergeant, correction lieutenant, correction captain,
correctional services investigator, senior correctional services
employee investigator, correctional services fire and safety
coordinator, director of special housing and incarcerated individual
disciplinary program, assistant director of special housing and
incarcerated individual disciplinary program, assistant chief of
investigations, director of CERT operations, correctional facility
operations specialist, director of security staffing project,
correctional security technical services specialist, assistant
commissioner and deputy commissioner.

j. Notwithstanding any provisions of subdivision a, b or i of this
section to the contrary, a member who is in the collective negotiating
unit designated as the security services unit and established pursuant
to article fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come under
the provisions of section seventy-five-h of this article. Such election
shall be duly executed and filed with the comptroller.

k. Any member who, on or before the effective date of this provision,
is a security hospital treatment assistant under the jurisdiction of the
office of mental health may, by filing an election within one year after
the effective date of this provision, elect to be subject to the
provisions of this section. Such election shall be in writing, shall be
duly executed and filed with the comptroller and shall be irrevocable.