N.Y. Retirement & Social Security Law Section 383-B*2
Retirement of members of the capital police force in the office of general services


* § 383-b. Retirement of members of the capital police force in the office of general services.

a.

As used in this section, the term “members of the capital police force in the office of general services” shall mean service in full time police duty as a sworn police officer of the capital police force in the office of general services.

b.

Notwithstanding any other provision of law providing for transfers between retirement systems, any sworn police officer of the capital police force in the office of general services who is a member of the New York state and local employees’ retirement system may transfer to the New York state and local police and fire retirement system and shall receive credit pursuant to and be entitled to the retirement benefits afforded in accordance with this section. Upon any such transfer the member shall be entitled to the amount of service which would have been deemed creditable had such member been subject to such system during the course of his or her membership within such system. Contributions to such system shall be made in accordance with appropriate provisions of law relating thereto. Application for such transfer must be made to the state comptroller on or before December thirty-first, nineteen hundred eighty-six. The provisions of § 343 (Transfer of members between systems)section three hundred forty-three of this article shall apply to any member making application for transfer under this subdivision.

c.

Any member of the capital police force in the office of general services who elects or is required to contribute under this section shall contribute to the police and fire retirement system on the basis of retirement upon his or her:

1.

Completion of twenty-five years of total service in the capital police force in the office of general services, or

2.

Attainment of age sixty in the capital police force in the office of general services, if prior thereto, on an allowance of one-fiftieth of his final average salary for each year of total service in the capital police force in the office of general services not in excess of twenty-five years. Such election shall be in writing and shall be duly executed and filed with the comptroller.

d.

Every employee entering or re-entering the capital police force in the office of general services on or after January first, nineteen hundred eighty-seven shall contribute on the basis provided for by this section.

e.

A member who is required to contribute in accordance with this section, shall contribute, in lieu of the proportion of compensation as provided in § 321 (Members’ contributions and their use)section three hundred twenty-one of this article, a proportion of his compensation similarly determined. Such latter proportion shall be computed to provide at the time when he shall first become eligible for retirement under this section, an annuity equal to one-one hundredth of his final average salary for each year of service as a member prior to the attainment of the age when he shall first become eligible for retirement. Such member’s rate of contribution pursuant to this section shall be appropriately reduced pursuant to section three hundred seventy-a of this article for such period of time as his 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.

f.

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 in such service or upon the attainment of age sixty, by filing an application therefor in a manner similar to that provided in § 370 (Superannuation retirement)section three hundred seventy of this article. He thereupon shall receive, on retirement, a retirement allowance consisting of:

1.

An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

2.

A pension which, together with such annuity and a pension which is the actuarial equivalent of the reserve-for-increased-take-home-pay to which he may then be entitled, if any shall equal one-fiftieth of his final average salary for each year of creditable service in such division. 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 equal to one-half of final average salary.

3.

An additional pension equal to the pension for any creditable service rendered while not employed in the capital police force in the office of general services as provided under paragraphs two and three of subdivision a of § 375 (Allowance on superannuation retirement)section three hundred seventy-five of this article. This pension shall:

(i)

Be payable only if such member has attained age sixty at the time of retirement and has not completed twenty-five years of service as a member of the capital police force in the office of general services for which he receives credit under this article; and

(ii)

Not increase the total allowance to more than he would have received had his total service been rendered as a member of the capital police force in the office of general services. For the purpose only of determining the amount of the pension provided herein, the annuity shall be computed as it would be: (A) if not reduced by the actuarial equivalent of any outstanding loan, and (B) if not increased by the actuarial equivalent of any additional contributions, and (C) if not reduced by reason of the member’s election to decrease his annuity contributions to the retirement systems in order to apply the amount of such reduction in payment of his contributions for old-age and survivors insurance coverage.

g.

The increased pensions to members of the capital police force in the office of general services, as provided by this section, shall be paid from additional contributions made by the state on account of such members. 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. Upon approval by the comptroller, such additional contributions shall be certified by him to the commissioner of the office of general services. The amount thereof shall be included in the annual appropriation of the office of general services. Such amount shall be paid on the warrant of the comptroller to the pension accumulation fund of the retirement system.

h.

In computing the twenty-five years of completed service of a member of the capital police force in the office of general services, full credit shall be given and full allowance shall be made for service of such member in time of war and service with the American expeditionary forces subsequent to November eleventh, nineteen hundred eighteen, and prior to June thirtieth, nineteen hundred nineteen, of honorably discharged officers, soldiers, sailors, marines and army nurses, who were actual residents of the state at the time of their entry into the military service of the United States, and the service of members of the national guard in the military service of the United States of America pursuant to the call of the president or Mexican border service.

i.

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

j.

Notwithstanding any provision of subdivision d, e 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 eighty-seven, elect to come under the provisions of § 375-F (Career retirement plan for state employees)section three hundred seventy-five-f of this article. Such election shall be duly executed and filed with the comptroller. * NB There are 2 § 383-b’s

Source: Section 383-B*2 — Retirement of members of the capital police force in the office of general services, https://www.­nysenate.­gov/legislation/laws/RSS/383-B*2 (updated Jan. 11, 2019; accessed Jul. 6, 2024).

381
Retirement of members in the division of state police
381‑A
Retirement of members or officers of the state police
381‑B
Retirement of members or officers of the state police
382
Optional retirement of members in the division of state police after twenty years of service
383
Retirement of members in regional state park police service
383‑A
Retirement of members of the regional state park police
383‑B
Retirement of members of the division of law enforcement in the department of environmental conservation
383‑B*2
Retirement of members of the capital police force in the office of general services
383‑C
Optional retirement of members holding the position of forest ranger in the service of the department of environmental conservation
383‑D
Alternative retirement benefits for university police officers appointed by the state university
384
Optional retirement of certain police officers and firefighters
384‑A
Additional pension benefits for certain police officers after twenty-five years of service
384‑B
Retirement of members of the police department of the city of Glen Cove, after twenty years of service
384‑C
Additional pension benefits for certain police officers after twenty-five years of service
384‑D
Optional twenty year retirement plan for certain firefighters and police officers whose employer elects to provide same
384‑E
Additional pension benefit for members of optional twenty year retirement plan
385
Retirement of members in the Nassau county police department
385‑A
Retirement of members of the Nassau county police force
386
Retirement of members in the Westchester county department of public safety services
387
Retirement of members in the Suffolk county police force
387‑A
Retirement of members of the Suffolk county police force
388
Retirement of members in the city of Yonkers police force and fire department
389
Twenty year retirement plan for LIRR police officers

Accessed:
Jul. 6, 2024

Last modified:
Jan. 11, 2019

§ 383-B*2’s source at nysenate​.gov

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