N.Y. Retirement & Social Security Law Section 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 § 70 (Superannuation retirement)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 § 70 (Superannuation retirement)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.

Source: Section 89-W — Optional twenty-five year retirement plan for county fire marshals in the county of Nassau, https://www.­nysenate.­gov/legislation/laws/RSS/89-W (updated May 12, 2023; accessed Jul. 6, 2024).

80
Retirement of members of the legislature
80‑A
Legislative and executive retirement plan
89
Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community su...
89‑A
Optional retirement of sheriffs, under-sheriffs and regular deputy sheriffs
89‑B
Optional twenty year retirement plan for sheriffs, under-sheriffs, and regular deputy sheriffs in counties which have elected to provide ...
89‑C
Retirement of members in New York state thruway authority service
89‑D
Optional twenty year retirement plan for detective investigators, criminal investigators, senior criminal investigators, confidential cri...
89‑E
Retirement of correction officers of the Westchester county correction department
89‑F
Retirement of county correction officers in Suffolk county
89‑G
Retirement of county correction officers, uniformed correction division personnel, sheriffs, deputy sheriffs and undersheriffs in Nassau ...
89‑H
Retirement of sheriffs, undersheriffs, deputy sheriffs, correction officers and identification officers in Albany county
89‑I
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St
89‑J
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Jefferson county
89‑K
Retirement of deputy sheriffs and correction officers in Onondaga county
89‑L
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Orleans county
89‑M
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Broome county
89‑N
Computation of twenty-five years of service
89‑N*2
Retirement of deputy sheriffs-jailors in Monroe county
89‑O
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Greene county
89‑P
Optional twenty-five year retirement plan for certain sheriffs, undersheriffs, deputy sheriffs and correction officers whose employer ele...
89‑Q
Retirement of traffic officers with the town of Elmira
89‑R
Retirement of county park police officers in Suffolk county
89‑S
Retirement of members who serve as peace officers in the Suffolk county probation department
89‑S*2
Retirement of members who serve as ambulance medical technicians, ambulance medical technician/supervisors, members who perform ambulance...
89‑S*3
Retirement of members who serve as peace officers in the Nassau county probation department
89‑SS
Retirement of members employed as an emergency medical technician, critical care technician, advanced emergency medical technician, param...
89‑T
Optional twenty-five year retirement plan for county probation officers
89‑T*2
Alternative retirement benefits for safety officers
89‑U
Retirement of county sheriffs, undersheriffs, deputy sheriffs, state and county correction officers
89‑V
Retirement of deputy sheriffs-civil in Rockland county
89‑V*2
Retirement of paramedics employed by the police department in the town of Tonawanda
89‑V*3
Retirement of superior correction officers in Rockland county
89‑W
Optional twenty-five year retirement plan for county fire marshals in the county of Nassau
89‑X
Retirement of deputy sheriffs-civil in Monroe county

Accessed:
Jul. 6, 2024

Last modified:
May 12, 2023

§ 89-W’s source at nysenate​.gov

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