New York Retirement and Social Security Code § 384-D

Optional twenty year retirement plan for certain firefighters and police officers whose employer elects to provide same
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§ 384-d. Optional twenty year retirement plan for certain firefighters\nand police officers whose employer elects to provide same.\n  a. Any member of the retirement system who is a firefighter, police\nofficer or officer of any organized fire department or organized police\nforce or police department of any county, city, town, village, fire\ndistrict, police district or participating employer may elect to\ncontribute to the retirement system pursuant to this section within one\nyear after he or she becomes such an officer or member, if his or her\nemployer has previously elected to make the benefits provided herein\navailable to its officers and members, or within one year after his or\nher employer elects to make the benefits provided herein available to\nits officers and members.\n  b. Elections made pursuant to this section shall be in writing and\nshall be duly acknowledged and filed with the comptroller. Any member\nwho files such an election pursuant to this section may withdraw it\nafter it has been filed for at least a year. Such withdrawal shall be by\nwritten notice duly acknowledged and filed with the comptroller. After\nsuch withdrawal such member shall contribute to the retirement system as\notherwise provided in this article.\n  c. A member who elects to contribute in accordance with this section,\nshall contribute, in lieu of the proportion of compensation as provided\nin section three hundred twenty-one of this article, a proportion of his\ncompensation similarly determined. Such latter proportion shall be\ncomputed to provide, at the time when he shall first become eligible for\nretirement under this section, an annuity equal to one-eightieth of his\nfinal average salary for each year of service as a member rendered after\nhis employer elects the provisions of this section, and prior to the\nattainment of the age when he shall first become eligible for\nretirement.\n  Such member's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section three hundred seventy-a of\nthis article for such period of time as his employer contributes\npursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller, make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller. Such member's rate of contribution shall also be\nappropriately reduced by any multiple of twenty-five per centum of the\nadditional cost which a member's employer has elected to contribute on\nhis behalf in lieu of such member's contributions pursuant to this\nsubdivision.\n  d. No such member shall be required to make contributions after\ncompleting twenty years of such service.\n  e. A member contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of twenty\nyears of total creditable service in such fire department or police\nforce or department, or upon the attainment of age sixty-two, by filing\nan application therefor in a manner similar to that provided in section\nthree hundred seventy of this article.\n  (1) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity, if any, which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, shall be sufficient to provide him with a retirement allowance\nequal to one-half of his final average salary.\n  (2) Upon attainment of age sixty-two and upon retirement without\ncompletion of twenty years of su

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