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New York Retirement & Social Security - Title 9 - § 89-E Retirement of Correction Officers of the Westchester County Correction Department; Alternative Eligibility for Retirement

Legal Research Home > New York Laws > New York Retirement & Social Security (RSS) > New York Retirement & Social Security - Title 9 - § 89-E Retirement of Correction Officers of the Westchester County Correction Department; Alternative Eligibility for Retirement

 
    §  89-e.  Retirement  of correction officers of the Westchester county
  correction department; alternative eligibility for retirement.   a.  Any
  member  who is a correction officer of the Westchester county correction
  department shall be eligible to retire pursuant  to  the  provisions  of
  this  section.  In  addition, any correction officer who is appointed to
  the title of deputy commissioner and who, while a correction officer and
  prior to such appointment to the title of deputy  commissioner,  elected
  to  participate  in  the  plan  established pursuant to this section may
  elect, upon such appointment to the title  of  deputy  commissioner,  to
  continue  to  participate  in  the  plan  established  pursuant  to this
  section. Such eligibility shall be an  alternative  to  the  eligibility
  provisions  available under any other plan of this article to which such
  member is subject. The chief executive  officer  of  such  county  shall
  certify  to  the  comptroller,  in a manner and at such intervals as the
  comptroller may  require,  the  identity  of  such  eligible  correction
  officers, including any eligible deputy commissioners.
    b.  Such  member  shall  be  entitled to retire upon the completion of
  twenty-five years of total creditable service by filing  an  application
  therefor in the manner provided for in section seventy of this article.
    c.  Upon  completion  of  twenty-five  years  of such service and upon
  retirement, each such member shall receive  a  pension  which,  together
  with  an  annuity  which  shall  be  the  actuarial  equivalent  of  his
  accumulated  contributions  at  the  time  of  his  retirement  and   an
  additional   pension   which   is   the   actuarial  equivalent  of  the
  reserved-for-increased-take-home-pay to which he may  then  be  entitled
  shall  be sufficient to provide him with a retirement allowance equal to
  one-half of his final average salary.
    d. As used in this section "creditable service" shall include any  and
  all services performed as a correction officer of Westchester county.
    e. Credit for service as a member or officer of the state police or as
  a   paid  firefighter,  policeman  or  officer  of  any  organized  fire
  department or police force or department of any county,  city,  village,
  town, fire district or police district, or as a criminal investigator in
  the  office  of  a  district  attorney,  provided  that  service as such
  investigator shall have been rendered prior to January  first,  nineteen
  hundred  sixty  and  that  credit  therefor shall not exceed five years,
  shall also be deemed to be creditable service and shall be  included  in
  computing  years  of  total  service  for  retirement  pursuant  to this
  section, provided  such  service  was  performed  by  the  member  while
  contributing to the retirement system pursuant to the provisions of this
  article or article eight of this chapter.
    f.  A  member contributing on the basis of this section at the time of
  retirement, shall retire after the completion of  twenty-five  years  of
  total creditable service.  Application therefor may be filed in a manner
  similar  to  that  provided  in  section  seventy  of this article. Upon
  completion of twenty-five years of such  service  and  upon  retirement,
  each such member shall receive a pension which, together with an annuity
  which shall be the actuarial equivalent of his accumulated contributions
  at  the  time  of  his retirement and an additional pension which is the
  actuarial equivalent of the reserve-for-increased-take-home-pay to which
  he may then be entitled shall  be  sufficient  to  provide  him  with  a
  retirement allowance equal to one-half of his final average salary.
    g.  In  computing  the  twenty-five years of total service of a member
  pursuant to this section full credit shall be given and  full  allowance
  shall  be made for service of such member in time of war after World War
  I as defined in section two of this chapter, provided such member at the
  time of his entrance into the armed forces was in  the  service  of  the
  county of Westchester.

    h. Nothing herein shall be construed to prevent a member, who does not
  retire  pursuant  to  the  provisions  of  this  section, from utilizing
  service which is creditable service pursuant to the provisions  of  this
  section  for service credit pursuant to the provisions of any other plan
  of this article to which such member is subject.
    i. The provisions of this section shall be controlling notwithstanding
  any other provision in this article to the contrary.
    j.  As  used  in this section, "correction officer" of the Westchester
  county correction department  means  a  correction  officer,  correction
  officer-sergeant,    correction   officer-captain,   assistant   warden,
  associate warden or warden.

Last modified: February 18, 2012