§ 381. Retirement of members in the division of state police; closed\nplan. a. Any member in the division of state police in the executive\ndepartment who elected on or before January first, nineteen hundred\nforty-nine, to contribute to the New York state employees' retirement\nsystem pursuant to the provisions of former section eighty-one of this\nchapter in force prior to April first, nineteen hundred sixty-seven,\nshall contribute to the police and fire retirement system on the basis\nof retirement upon his or her:\n 1. Completion of twenty-five years of total service in such division,\nor\n 2. Attainment of age sixty in the service of such division, if prior\nthereto,\non an allowance of one-fiftieth of his final average salary for each\nyear of total service in such division not in excess of twenty-five\nyears, provided such election was in writing and duly executed and filed\nwith the comptroller.\n b. Every employee who entered or re-entered service in the division on\nor after April sixteenth, nineteen hundred thirty-eight, and before July\nfirst, nineteen hundred fifty-four, shall contribute on the basis\nprovided for by this section. Every employee who entered or re-entered\nservice in such division on or after July first, nineteen hundred\nfifty-four and before May first, nineteen hundred sixty-one, and who, at\nsuch time undertakes employment therein:\n 1. As a member or officer of the state police shall contribute on the\nbasis provided for by this section and, (in addition to credit pursuant\nto subdivision g of this section and for service in war after world war\nI, as defined in section three hundred two of this article, credited as\nservice as such a member or officer), only credit for service as a\nmember or officer of the state police shall be included in computing\nyears of state police service for retirement pursuant to this section.\n 2. Other than as a member or officer of the state police, shall not\ncontribute on the basis provided for by this section and shall not be\neligible to the benefits of this section on the basis of service so\nrendered.\n c. Subject to the provisions of subdivisions a and b of this section,\nevery employee in the service of such division who is not a member of\nthe police and fire retirement system may elect to become a member. He\nor she thereupon shall contribute to the retirement system under the\nprovisions of this section and be entitled to benefits as provided in\nthis section. No such employee, however, shall be given credit for\nservice rendered prior to April sixteenth, nineteen hundred\nthirty-eight, unless he or she became a member of the state employees'\nretirement system on or before January first, nineteen hundred\nforty-nine. Any such employee who becomes a member on or before January\nfirst, nineteen hundred forty-nine, shall be entitled to credit for past\nservice in the division as if he or she had become a member when first\neligible. Such employee, however, shall pay the contributions he or she\nwould have made prior to such date had he or she been a member during\nsuch service. The amount of such contributions shall be paid in a lump\nsum or in such installments as the comptroller shall approve. In lieu of\nsuch payment, however, such employee may receive on retirement the\nbenefit otherwise provided by this section, less such annuity as is the\nactuarial equivalent of such unpaid contributions.\n d. A member who elected or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-one hundredth of his final average salary for each\nyear of service as a member rendered after April sixteenth, nineteen\nhund
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