N.Y.
Retirement & Social Security Law Section 383-F
Retirement of officers of state law enforcement
- alternative twenty-five year retirement plan
a.
Membership. Every non-seasonally appointed sworn member or officer of the division of law enforcement in the department of environmental conservation, a forest ranger in the service of the department of environmental conservation, which shall mean a person who serves on a full-time basis in the title of forest ranger I, forest ranger II, forest ranger III, assistant superintendent of forest fire control, or any successor titles or new titles in the forest ranger title series in the department of environmental conservation, a police officer in the department of environmental conservation, the regional state park police, and university police officers whose date of membership is prior to January ninth, two thousand ten may irrevocably elect to be covered by the provisions of this section by filing an election therefor with the comptroller. The deadline to make such election for every member described in this subdivision in such service shall be within one year of the effective date of this section or within one year of employment in an eligible title, whichever is later. Upon completion of twenty-five years of such service and upon retirement, each such member shall receive a pension which, together with an annuity, if any, which shall be the actuarial equivalent of such member’s accumulated contributions at the time of their retirement and an additional pension which is the actuarial equivalent of the reserve-for-increased-take-home-pay to which such member may then be entitled, if any, shall be sufficient to provide such member with a retirement allowance equal to fifty-five percent of their final average salary. To be effective, such election must be duly executed and acknowledged on a form prepared by the comptroller for such purpose.b.
Retirement allowance.1.
A member, covered by the provisions of this section at the time of retirement, shall be entitled to retire upon completion of twenty-five years of total creditable service in such titles by filing an application therefor in a manner similar to that provided in § 370 (Superannuation retirement)section three hundred seventy of this article.2.
Upon completion of more than twenty-five years of such service and upon retirement, each such member shall receive, for each year of service in excess of twenty-five, an additional pension which, together with an annuity for each such year as provided in paragraph three of this subdivision, shall be equal to one-hundredth of their final average salary, provided, however, that the pension payable pursuant to this section shall not exceed sixty-five per centum of such member’s final average salary.3.
The annuity provided under paragraph two of this subdivision shall be the actuarial equivalent, at the time of retirement, of the member’s accumulated contributions based upon the rate of contributions fixed under § 383 (Retirement of members in regional state park police service)section three hundred eighty-three of this title and upon the salaries earned while in such service. Such annuity shall be computed as it would be if it were not reduced by the actuarial equivalent of any outstanding loan nor by reason of the member’s election to decrease such member’s contributions for old age and survivor’s insurance. Any accumulated contributions in excess of the amount required to provide the annuity computed pursuant to this paragraph shall be used to increase the member’s retirement allowance.c.
Credit for previous service. In computing the years of total creditable service for each member described herein, full credit shall be given and full allowance shall be made for service rendered as a police officer or state university peace officer or member of a police force or department of a state park authority or commission or an organized police force or department of a county, city, town, village, police district, authority or other participating employer or member of the capital police force in the office of general services while a member of the New York state and local police and fire retirement system, of the New York state and local employees’ retirement system or of the New York city police pension fund and for all service for which full credit has been given and full allowance made pursuant to the provisions of § 375-H (Career retirement plan for state employees)section three hundred seventy-five-h of this article provided, however, that full credit pursuant to the provisions of such section shall mean only such service as would be creditable service pursuant to the provisions of section three hundred eighty-three, three hundred eighty-three-a, three hundred eighty-three-b, as added by chapter six hundred seventy-four of the laws of nineteen hundred eighty-six, three hundred eighty-three-b, as added by chapter six hundred seventy-seven of the laws of nineteen hundred eighty-six, three hundred eighty-three-c or three hundred eighty-three-d of this title or pursuant to the provisions of title thirteen of the administrative code of the city of New York for any member contributing pursuant to this section who transferred to the jurisdiction of the department of environmental conservation including but not limited to environmental conservation officers and forest rangers, regional state park police or state university of New York peace officers.d.
Employee contributions. Notwithstanding any provisions of this chapter to the contrary, any member currently enrolled pursuant to this section shall be required to make employee contributions equal to one and one-half per centum of annual wages.e.
The provisions of this section shall be controlling, notwithstanding any provision of this article to the contrary. * NB Effective July 1, 2025
Source:
Section 383-F — Retirement of officers of state law enforcement; alternative twenty-five year retirement plan, https://www.nysenate.gov/legislation/laws/RSS/383-F (updated May 16, 2025; accessed May 14, 2025).
