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New York Retirement & Social Security - Title 9 - § 89 Retirement of Members in the Uniformed Personnel in Institutions Under the Jurisdiction of the Department of Corrections and Community Supervision or Who Are Security Hospital Treatment Assistance; New Plan

Legal Research Home > New York Laws > New York Retirement & Social Security (RSS) > New York Retirement & Social Security - Title 9 - § 89 Retirement of Members in the Uniformed Personnel in Institutions Under the Jurisdiction of the Department of Corrections and Community Supervision or Who Are Security Hospital Treatment Assistance; New Plan

 
    § 89. Retirement of members in the uniformed personnel in institutions
  under  the  jurisdiction  of the department of corrections and community
  supervision or who are security hospital treatment assistants; new plan.
  a. Any member in the  uniformed  personnel  in  institutions  under  the
  jurisdiction of the department of corrections and community supervision,
  as  hereinafter defined, who enters or re-enters service on or after the
  effective date of this section, or who is a security hospital  treatment
  assistant  who enters or reenters service on or after the effective date
  of the amendment permitting security hospital treatment assistants to be
  covered by this section, shall contribute on the basis provided  for  by
  this section.
    b.  Any  member  in  the uniformed personnel in institutions under the
  jurisdiction of the department of corrections and community supervision,
  as hereinafter defined, who entered such service prior to the  effective
  date of this section may, on or before September first, nineteen hundred
  sixty-six,  elect  to  come  under  the provisions of this section. Such
  election shall be in writing and shall be duly executed and  filed  with
  the comptroller.
    c.  Any  member  in  the uniformed personnel in institutions under the
  jurisdiction of the department of corrections and community supervision,
  as hereinafter defined, who entered such service prior to the  effective
  date  of this section, may, on or before December thirty-first, nineteen
  hundred sixty-six, elect to come under the provisions of  this  section.
  Such  election  shall be in writing and shall be duly executed and filed
  with the comptroller. Any such member who has made an  election  as  set
  forth  herein  on  or  before  December  thirty-first,  nineteen hundred
  sixty-five, shall be permitted to withdraw the same and in  like  manner
  make a new election on or before December thirty-first, nineteen hundred
  sixty-six.
    d. A member who elects or is required to contribute in accordance with
  this section shall contribute, in lieu of the proportion of compensation
  as  provided  in section twenty-one of this article, a proportion of his
  or her compensation similarly determined. Such latter  proportion  shall
  be  computed  to  provide  at the time when he or she shall first become
  eligible for retirement under this section, an annuity equal to  one-one
  hundredth of his or her final average salary for each year of service as
  a  member  rendered  after  May  first, nineteen hundred sixty-five, and
  prior to the attainment of the age when he or  she  shall  first  become
  eligible  for retirement. Such member's rate of contribution pursuant to
  this  section  shall  be  appropriately  reduced  pursuant  to   section
  seventy-a of this article for such period of time as his or her employer
  contributes       pursuant       to       such       section      toward
  pensions-providing-for-increased-take-home pay. No such member shall  be
  required to continue contributions after completing twenty-five years of
  such service.
    e.  A  member contributing on the basis of this section at the time of
  retirement,  shall  be  entitled  to  retire  after  the  completion  of
  twenty-five  years of total creditable service as defined in subdivision
  i of this section, or upon the attainment of age  sixty,  by  filing  an
  application  therefor  in  a  manner similar to that provided in section
  seventy  of  this  article.  He  or  she  thereupon  shall  receive,  on
  retirement a retirement allowance consisting of:
    1.  An  annuity, which shall be the actuarial equivalent of his or her
  accumulated contributions at the time of his or her retirement, plus,
    2. A pension which, together with such annuity and a pension which  is
  the  actuarial equivalent of the reserves for-increased-take-home pay to
  which he or she may then be entitled, if any, shall  equal  one-fiftieth
  of  his  or her final average salary for each year of creditable service

  in the uniformed personnel in institutions under the jurisdiction of the
  department of corrections and community supervision or for each year  of
  creditable  service as a security hospital treatment assistant under the
  jurisdiction  of  the  office  of mental health, as hereinafter defined.
  This pension shall not exceed the amount needed to make the total amount
  of  the  benefits  provided  under  paragraphs  one  and  two  of   this
  subdivision e equal to one-half of his or her final average salary.
    3.  An  additional  pension  equal  to  the pension for any creditable
  service rendered while not in the uniformed  personnel  in  institutions
  under  the  jurisdiction  of the department of corrections and community
  supervision and rendered  while  not  serving  as  a  security  hospital
  treatment  assistant  under  the  jurisdiction  of  the office of mental
  health, as hereinafter defined, as provided  under  paragraphs  two  and
  three  of  subdivision  a  of section seventy-five of this article. This
  pension shall:
    (a) Be payable only if such member has attained age sixty at the  time
  of  retirement  and  has  not completed twenty-five years of service for
  which he receives credits under this article, and
    (b) Not increase the total allowance to more than one-half of  his  or
  her final average salary.
    For the purpose only of determining the amount of the pension provided
  herein, the annuity shall be computed as it would be:
    (aa)  if  not  reduced  by the actuarial equivalent of any outstanding
  loan, and
    (bb) if not increased by the actuarial equivalent  of  any  additional
  contributions, and
    (cc) if not reduced by reason of the member's election to decrease his
  or  her annuity contributions to the retirement system in order to apply
  the amount of such reduction in payment of his contributions for old-age
  and survivors insurance coverage.
    f. The increased pensions to members of  the  uniformed  personnel  in
  institutions under the jurisdiction of the department of corrections and
  community  supervision or to members who are security hospital treatment
  assistants under the jurisdiction of the office  of  mental  health,  as
  provided  by  this  section, shall be paid from additional contributions
  made by the state  on  account  of  such  member.  The  actuary  of  the
  retirement  system  shall  compute  the  additional contribution of each
  member who elects to receive the special benefits  provided  under  this
  section. Such additional contributions shall be computed on the basis of
  contributions  during  the prospective service of such member which will
  cover the liability of the retirement system for such extra pensions.
    g. In computing the twenty-five years of completed service of a member
  in the uniformed personnel in institutions under the jurisdiction of the
  department of corrections and community supervision or of a  member  who
  is a security hospital treatment assistant under the jurisdiction of the
  office  of  mental  health, as hereinafter defined, full credit shall be
  given and full allowance shall be made for service of such member in war
  after world war 1 as defined in section two of  this  chapter,  provided
  such member at the time of his or her entrance into the armed forces was
  in state service.
    h. The provisions of this section shall be controlling notwithstanding
  any provision in this article to the contrary.
    i.  As  used  in  this  section,  "uniformed  persons"  or  "uniformed
  personnel" in institutions under the jurisdiction of the  department  of
  corrections  and  community  supervision or "security hospital treatment
  assistants" under the jurisdiction of the office of mental  health  mean
  officers  or  employees  holding  the  titles  hereinafter  set forth in
  institutions under the jurisdiction of the department of corrections and

  community supervision or under the jurisdiction of the office of  mental
  health,   namely:   correction   officers,   prison  guards,  correction
  sergeants, correction lieutenants, correction captains, deputy assistant
  superintendent  or  warden,  deputy  warden  or  deputy  superintendent,
  superintendents  and  wardens,  assistant  director  and   director   of
  correction reception center, director of correctional program, assistant
  director  of  correctional  program,  director of community correctional
  center, community correctional  center  assistant,  correction  hospital
  officers,   male   or   female,  correction  hospital  senior  officers,
  correction hospital  charge  officer,  correction  hospital  supervising
  officer,  correction  hospital  security supervisor, correction hospital
  chief officer, correction youth  camp  officer,  correction  youth  camp
  supervisor,  assistant  supervisor,  correctional  camp  superintendent,
  assistant  correctional  camp   superintendent,   director   of   crisis
  intervention  unit,  assistant  director  of  crisis  intervention unit,
  security hospital  treatment  assistants,  security  hospital  treatment
  assistants   (Spanish  speaking),  security  hospital  senior  treatment
  assistants,  security  hospital  supervising  treatment  assistants  and
  security  hospital treatment chiefs. Previous service rendered under the
  titles by which such positions were  formerly  designated  and  previous
  service  rendered  as  a  narcotic  addiction control commission officer
  shall constitute creditable service. Notwithstanding  any  provision  of
  law  to  the contrary, any employee of the department of corrections and
  community supervision who became enrolled under this section  by  reason
  of  employment  as  a  uniformed  person  in  an  institution  under the
  jurisdiction of the department of corrections and community  supervision
  shall  be  entitled  to  full  retirement credit for, and full allowance
  shall be made under this section for the service of such  employee,  not
  to  exceed  twelve  years,  while  assigned  to  the training academy or
  central office, in the following  titles,  namely:  correction  officer,
  correction   sergeant,   correction   lieutenant,   correction  captain,
  correctional  services  investigator,   senior   correctional   services
  employee   investigator,   correctional   services   fire   and   safety
  coordinator,  director  of  special  housing  and  inmate   disciplinary
  program,  assistant  director of special housing and inmate disciplinary
  program, assistant chief of investigations, director of CERT operations,
  correctional  facility  operations  specialist,  director  of   security
  staffing  project,  correctional security technical services specialist,
  assistant commissioner and deputy commissioner.
    j. Notwithstanding any provisions of subdivision a, b  or  i  of  this
  section  to  the contrary, a member who is in the collective negotiating
  unit designated as the security services unit and  established  pursuant
  to  article  fourteen of the civil service law and who has elected or is
  required to contribute in accordance with this section may, on or before
  March thirty-first, nineteen hundred seventy-three, elect to come  under
  the  provisions of section seventy-five-h of this article. Such election
  shall be duly executed and filed with the comptroller.
    k. Any member who, on or before the effective date of this  provision,
  is a security hospital treatment assistant under the jurisdiction of the
  office of mental health may, by filing an election within one year after
  the  effective  date  of  this  provision,  elect  to  be subject to the
  provisions of this section. Such election shall be in writing, shall  be
  duly executed and filed with the comptroller and shall be irrevocable.

Last modified: February 18, 2012