§ 89-a. Optional retirement of sheriffs, under-sheriffs and regular\ndeputy sheriffs. (a) Any member who is a sheriff or under-sheriff, or a\nregular deputy sheriff in any county who is engaged directly in criminal\nlaw enforcement activities, may elect to contribute to the retirement\nsystem on the basis of retirement after the completion of twenty-five\nyears of total creditable service, provided the member has reached age\nflfty, or upon attainment of age sixty-five, on an allowance of\none-fiftieth of his final average salary for each year of creditable\nservice not in excess of twenty-five years, except as hereinafter\notherwise provided. Such election shall be in writing and shall be duly\nexecuted and filed with the comptroller on or before July first,\nnineteen hundred sixty-nine. One year or more after the filing thereof,\na member may withdraw any such election by written notice duly\nacknowledged and filed with the comptroller\n (b) On and after the date this section takes effect, every sheriff,\nunder-sheriff and regular deputy sheriff entering or re-entering service\nas such and within one year from the date of entry or re-entry, and\nregardless of age, may elect to contribute on the basis provided by this\nsection. One year or more after the filing thereof, a member may\nwithdraw any such election by written notice duly acknowledged and filed\nwith the comptroller.\n (c) As used in this section "creditable service" shall include (1) in\nthe case of a sheriff or under-sheriff, any and all services performed\nas a sheriff and/or under-sheriff of a county and all criminal law\nenforcement services performed as a regular deputy sheriff of a county,\nprovided, however, that criminal law enforcement service shall only be\ncreditable when it aggregates fifty percentum or more of his service as\na regular deputy sheriff and (2) in the case of a regular deputy\nsheriff, all criminal law enforcement services performed as a regular\ndeputy sheriff of a county, provided, however, that criminal law\nenforcement service shall only be creditable when it aggregates fifty\npercentum or more of such service and any and all services performed as\na sheriff and/or under-sheriff of a county.\n (d) Credit for service as a member or officer of the state police or\nas a paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n (e) A sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of the regular deputy sheriffs in his\nemploy who are engaged directly in criminal law enforcement activities.\n (f) 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 twenty-one of this article, a\nproportion of his compensation similarly determined. Such latter\nproportion shall be computed to provide, at the time when he shall first\nbecome eligible for retirement under this section, an annuity equal to\none-one hundredth of his final average salary for each year of\ncreditable service and as a member rendered after this section becomes\neffective and prior to the attainment of the age when he shall first\nbecome eligible for retirement. Such member'
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