N.Y. Retirement and Social Security Law 89-T*2 – Alternative retirement benefits for safety officers
* § 89-t. Alternative retirement benefits for safety officers. a. Definitions. For purposes of this section:
Terms Used In N.Y. Retirement and Social Security Law 89-T*2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- member: shall include each person who during the qualifying period was in the employment of a public employer which then participated for such employees in a public retirement system in this state, irrespective of whether the person was a participant in such system at that time, provided that the person has become a participant in such retirement system and has purchased service credit for a period of time that includes some or all of the qualifying period in accordance with provisions of law applicable to such purchase of service credit. See N.Y. Retirement and Social Security Law 2
1. "Qualifying member" shall mean any member who is in service as a safety officer under the jurisdiction of the office of mental health or the office for people with developmental disabilities, an institutional safety officer, or a special police officer designated by the director of a state hospital.
2. "Qualifying creditable service" shall mean creditable service rendered while a member is a qualifying member.
b. Eligibility. 1. Any qualifying member, as defined in subdivision a of this section, shall be eligible to retire pursuant to the provisions of 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 comptroller may request certifications from agency officials, as appropriate, to identify such eligible members.
2. Any such qualifying member shall be entitled to retire after the completion of twenty-five years of qualifying creditable service by filing an application therefor in a manner similar to that provided in section seventy of this article; provided, however, no such member shall be eligible to retire until he or she has a minimum of ten years of qualifying creditable service.
c. Retirement allowance. A member retiring under the provisions of this section shall receive a retirement allowance consisting of a pension equal to one-fiftieth of his or her final average salary for each year of qualifying creditable service. This retirement allowance shall not exceed fifty percent of such member's final average salary.
d. Computation of service. In computing the twenty-five years of completed service of a qualifying member for purposes of this section, full credit shall be given and full allowance shall be made for service of such member in war after World War I, as defined in subdivision thirty of section two of this chapter, provided such member at the time of his or her entrance into the armed forces was in state service.
e. 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 the service credit pursuant to any other plan of this article to which such member is subject.
f. The increased costs of the benefits provided for in this section shall be paid from additional contributions made by the employer.
g. The provisions in this section shall be controlling notwithstanding any other provision in this article to the contrary.
* NB There are 2 § 89-t's