§ 89-p. Optional twenty-five year retirement plan for certain\nsheriffs, undersheriffs, deputy sheriffs and correction officers whose\nemployer elects to provide same. a. A member employed by a county shall\nbe eligible to retire pursuant to the provisions of this section if the\ncounty elects to make the benefits provided herein available as provided\nin subdivision j of this section and if he or she is (1) a sheriff or\nundersheriff, or a deputy sheriff who is engaged directly in criminal\nlaw enforcement activities; or (2) a correction officer. Such\neligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject. The comptroller shall have the authority to include positions\nherein that comprehend the same duties and responsibilities, but are\nnamed differently.\n b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity 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\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n d. As used in this section "creditable service" shall include (1) in\nthe case of a sheriff, undersheriff and/or correction officer, any and\nall services performed as a sheriff, undersheriff and/or correction\nofficer of his or her employer that makes the election provided for\nherein and all criminal law enforcement services performed as a deputy\nsheriff of such county, provided, however, that criminal law enforcement\nservice shall only be creditable when it aggregates fifty per centum or\nmore of his service as a deputy sheriff and (2) in the case of a deputy\nsheriff, all criminal law enforcement service shall only be creditable\nwhen it aggregates fifty per centum or more of such service and any and\nall services performed as a sheriff, undersheriff and/or correction\nofficer of such county.\n e. Credit for service as a member or officer of the state police or as\na 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 f. The sheriff (or the chief executive officer where correction\nofficers are not employed in a sheriff's department) of a county that\nmakes the election provided for in subdivision j of this section shall\ncertify to the comptroller, periodically and at such intervals of time\nas may be required of him and in such fashion as may be prescribed, the\nidentity of: (1) the deputy sheriffs in the sheriff's employ who are\nengaged directly in criminal law enforcement activities; and (2) the\neligible correction officers.\n g. A member contributing on the basis of this section at the time of\nretirement shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy
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