New York Retirement and Social Security Code § 386

Retirement of members in the Westchester county department of public safety services; closed plan
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§ 386. Retirement of members in the Westchester county department of\npublic safety services; closed plan. a. As used in this section, the\nfollowing words and phrases shall have the following meanings unless a\ndifferent meaning is plainly required by the context:\n  1. "County." Westchester county.\n  2. "Department." Prior to July first, nineteen hundred seventy-nine,\nthe Westchester county parkway police force; on or after July first,\nnineteen hundred seventy-nine, the Westchester county department of\npublic safety services.\n  3. "Service in such department." Full time police duty as an officer\nor member of such department, or the police department or police force\nof any city, town, village or police district in the county, or in the\ndivision of state police in the state executive department.\n  b. Any member in service in such department on January first, nineteen\nhundred fifty-eight, who elected, on or before July first, nineteen\nhundred fifty-eight, to contribute to the New York state employees'\nretirement system pursuant to the provisions of former section\neighty-six of this chapter, in effect prior to April first, nineteen\nhundred sixty-seven, shall contribute to the police and fire retirement\nsystem on the basis of retirement upon his or her:\n  1. Completion of twenty-five years of service in such department, or\n  2. Attainment of age sixty in service in such department, if prior\nthereto,\non all allowance of one-fiftieth of his final average salary for each\nyear of service in such department not in excess of twenty-five years,\nprovided such election was in writing and duly executed and filed with\nthe comptroller.\n  c. On or after January first, nineteen hundred fifty-eight, but prior\nto July first, nineteen hundred seventy, employees entering or\nre-entering service in such department:\n  1. As members of the police force shall contribute on the basis\nprovided for by this section.\n  2. Other than as members of the police force shall not be eligible to\nthe benefits of this section.\n  d. A member, who elects 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 on and after January first,\nnineteen hundred fifty-eight, and prior to the attainment of the age\nwhen he shall first become eligible for retirement. Such member's rate\nof contribution pursuant to this section shall be appropriately reduced\npursuant to section three hundred seventy-a of this article for such\nperiod of time as his employer contributes pursuant to such section\ntoward pensions-providing-for-increased-take-home-pay provided, however,\nthat such member may by written notice duly acknowledged and filed with\nthe comptroller 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. No such member shall be required to continue contributions\nafter completing twenty-five 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\ntwenty-five years of creditable service in such department or upon\nattainment of age sixty, if prior thereto, by filing an application\ntherefore in a manner similar to that provided in section three hundred\nseventy of this article. He thereupon shall receive, upon retirement, a\nretirement allowance consisting of:\n  1. An annuity which shall be

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