551 - Optional retirement of certain members.

§ 551. Optional retirement of certain members. a. Any member may elect  to  contribute  to the retirement system on the basis of retirement upon  his or her completion of twenty-five years of total  creditable  service  on  an  allowance of one-fiftieth of his or her final average salary for  each year of total  service  as  a  member  but  not  exceeding  in  the  aggregate one-half of his or her final average salary. Any member of the  retirement  system  may  elect  to  become  a  member  pursuant  to  the  provisions of this section within one year after he  or  she  becomes  a  member, if his or her employer has elected to make the benefits provided  herein  available  to  members,  or  within  one  year  after his or her  employer elects to make the benefits provided herein  available  to  its  members.    b. Elections  made  pursuant  to  this section shall be in writing and  shall be duly acknowledged and filed with the  comptroller.  Any  member  who  files  such  an  election  pursuant to this section may withdraw it  after it has been filed for at least one year. Such withdrawal shall  be  by written notice duly acknowledged and filed with the comptroller.    c. The  member's  employer by appropriate action shall, in its initial  action under this section, elect to assume all of the additional cost on  account of service as a member rendered prior to the effective  date  of  such election and in any subsequent action, shall elect to assume all of  the  additional cost on account of service as a member of any such other  prior department or force rendered prior to the effective date  of  such  subsequent  election.  The  employer  shall  pay  the additional cost so  assumed by any such election by  means  of  annual  contributions  which  shall  be determined by the actuary of the retirement system and paid by  the employer in the same manner as the contributions required under this  chapter.    d.  For  actuarial  purposes  relative  to   rates   or   amounts   of  contributions to the funds of the retirement system, service of a member  making  an  election  pursuant  to  this section shall, as to his or her  service  and  status  subsequent  thereto,  be  deemed  continuous   and  constant.  If  the  continuity  of  such  service be interrupted or such  status be changed, however, appropriate changes as may be necessary  for  actuarial purposes shall be made in such rates and amounts.    e.  In  the event a member shall continue in service after twenty-five  years of total creditable service, there shall be added to  his  or  her  pension  upon retirement a sum equal to one-sixtieth of his or her final  average salary for each  completed  additional  year  of  service  after  twenty-five   years;   provided,   however,   that  upon  completion  of  twenty-five years of total creditable service, a participating  employer  may  elect  to  provide any service credit earned with a public employer  prior to services performed as a sheriff, undersheriff or deputy sheriff  towards the one-sixtieth allowance and provided, further that the  total  allowance   payable   pursuant   to   this   section  shall  not  exceed  three-quarters of such member's final average salary.    f. The increased pension provided for in subdivision e hereof shall be  conditioned upon the participating employer  electing  to  provide  this  added benefit and assuming the additional cost thereof on account of all  of  the  members.  Such  increased pensions to the members shall be paid  from additional contributions  made  by  the  appropriate  participating  employer  on  account  of  such  members.  The actuary of the retirement  system shall compute the additional contributions for each employer  who  elects  to  provide  the  special  benefits so provided. Such additional  contributions shall be computed on the basis of contributions during the  prospective service of such members which will cover  the  liability  of  the  retirement  system  for  such  extra pensions. Upon approval of the  comptroller, such additional contributions shall be certified by him  tothe  chief  fiscal  officer  of  the  participating employer. The amount  thereof  shall  be  included  in  the  annual   appropriation   of   the  participating  employer  for  members.  Such amount shall be paid on the  warrant of the chief fiscal officer of the participating employer to the  pension accumulation fund of the retirement system.    g. Any member may, within one year after he or she becomes a member or  within  one  year  after his or her employer assumes the additional cost  therefor, whichever shall last occur, elect to  receive  the  additional  benefits  provided for by subdivision e hereof. Any member who elects to  receive such benefits shall be separated from service on the  first  day  of  the  calendar  month  next  succeeding  his or her attainment of age  sixty-two and the completion of twenty-five years of service,  provided,  however,  that  in  the  case  of  any  member  who  attained the age of  sixty-two before  his  or  her  employer  assumed  the  additional  cost  therefor, or who attains the age of sixty-two within one month after his  or her employer assumes the additional cost therefor, to be eligible for  additional  pension  credit  under subdivision e of this section, his or  her service shall be terminated and he or she shall  be  retired  within  three  months  after  his  or  her  employer assumes the additional cost  therefor.    h. As used in this section "creditable service" shall include, any and  all services performed as a sheriff,  undersheriff  or  deputy  sheriff,  provided,  however,  that criminal law enforcement service shall only be  creditable when it aggregates fifty per centum or more  of  his  or  her  service  as  a deputy sheriff. Credit for service as a member or officer  of the state police or as a paid fireman, 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.    i. In computing the  twenty-five  years  of  completed  service  of  a  member,  full  credit  shall be given for military service as defined in  subdivisions twenty-nine-a and thirty of section three  hundred  two  of  this chapter.    j. The provisions of this section shall be controlling notwithstanding  any provision of this chapter to the contrary.    k.  The  benefits  hereinabove  provided shall be payable to a member,  unless at the  date  of  retirement,  such  member  would  otherwise  be  entitled to a greater benefit under other provisions of this chapter had  he  or  she  withdrawn  from  this  section, in which event such greater  benefits shall be payable.