* § 89-t. Optional twenty-five year retirement plan for county
probation officers. a. A member employed by a county shall be eligible
to retire pursuant to the provisions of this section if the county
elects to make the benefits provided herein available as provided in
subdivision j of this section and if he or she is a peace officer
employed by a county probation department. Such eligibility shall be an
alternative to the eligibility provisions available under any other plan
of this article to which such member is subject. The comptroller shall
have the authority to include positions herein that comprehend the same
duties and responsibilities, but are named differently.

b. Such member shall be entitled to retire upon the completion of
twenty-five years of total creditable service by filing an application
therefor in the manner provided for in section seventy of this article.

c. Upon completion of twenty-five 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
reserved-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 or her final average salary.

d. As used in this section "creditable service" shall include any and
all services performed as a peace officer within a county probation
department.

e. Credit for service as a member or officer of the state police or as
a paid firefighter, police officer or officer of any organized fire
department or police force or department of any county, city, village,
town, fire district or police district, or as a criminal investigator in
the office of a district attorney, or as a probation assistant in a
county probation department, shall also be deemed to be creditable
service and shall be included in computing years of total service for
retirement pursuant to this section.

f. The chief executive officer in each county shall certify to the
comptroller, periodically and at such intervals of time as may be
required and in such fashion as may be prescribed, the identity of the
eligible probation officers.

g. A member contributing on the basis of this section at the time of
retirement shall retire after the completion of twenty-five years of
total creditable service. Application therefor may be filed in a manner
similar to that provided in section seventy of this article. Upon
completion of twenty-five 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 reserved-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.

h. In computing the twenty-five years of total service of a member
pursuant to this section full credit shall be given and full allowance
shall be made for service of such member in time of war after World War
I as defined in section two of this chapter, provided such member at the
time of his entrance into the armed forces was in the service of the
county of his or her employer that makes the election provided for
herein.

i. Nothing herein shall be construed to prevent a member, who does not
retire pursuant to the provisions of this section, from utilizing
service which is creditable service pursuant to the provisions of this
section for service credit pursuant to the provisions of any other plan
of this article to which such member is subject.

j. (1) Each county that elects pursuant to the provisions of this
subdivision shall pay the cost attributable therefor.

(2) The benefits of this section shall be available only to those
members defined in subdivisions a and d of this section whose employer
elects to provide such benefits by adopting a resolution to such effect
and filing a certified copy thereof with the comptroller. Such
resolution may also contain an election that any past service cost be
paid over either a five-year or ten-year period. Such resolution shall
be accompanied by the affidavit of the chief executive officer of the
county that the county has received an estimate from the retirement
system of the cost of the benefit provided by this section.

(3) Such resolution shall apply to all members defined in subdivisions
a and d of this section, except those already subject to a retirement
plan which permits immediate retirement with a benefit upon a specified
period of service of twenty-five years or less without regard to age.

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

* NB There are 2 § 89-t's