§ 89-w. Optional twenty-five year retirement plan for county fire
marshals in the county of Nassau. a. A member who serves 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 and is employed by the county of Nassau shall
be eligible to retire pursuant to the provisions of this section. 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 county executive of the county of Nassau shall certify to
the comptroller, periodically and at such intervals of time as may be
required of him or her and in such fashion as may be prescribed, the
identity of the eligible county fire marshal, supervising fire marshals,
fire marshals, assistant fire marshals, assistant chief fire marshals,
chief fire marshals and division supervising fire marshals in his or her
employ.

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 or her
accumulated contributions at the time of his or her retirement and an
additional pension which is the actuarial equivalent of the
reserved-for-increased-take-home-pay to which he or she may then be
entitled shall be sufficient to provide him or her 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 county fire marshal, supervising fire
marshal, fire marshal, assistant fire marshal, assistant chief fire
marshal or chief fire marshal employed by the county of Nassau.

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 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. A member contributing on the basis of this section at the time of
retirement, may 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 or her accumulated
contributions at the time of his or her retirement and an additional
pension which is the actuarial equivalent of the
reserved-for-increased-take-home-pay to which he or she may then be
entitled shall be sufficient to provide him or her with a retirement
allowance equal to one-half of his or her final average salary; for
service beyond twenty-five years and for non-fire marshal county service
the benefit is increased by one-sixtieth of final average salary for
each year of additional service credit.

g. 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.

h. Nothing in this section 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.

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

j. Notwithstanding any provision of this section or of any other
provision of law to the contrary, county fire marshals, supervising fire
marshals, fire marshals, assistant fire marshals, assistant chief fire
marshals, chief fire marshals and division supervising fire marshals
must serve five years within the Nassau county fire marshal department
after the effective date of this section before they are eligible to
retire under the provisions of the twenty-five year retirement plan.