§ 383-c. Optional retirement of members holding the position of forest
ranger in the service of the department of environmental conservation.
a. As used in this section, the term "forest ranger in the service of
the department of environmental conservation" shall mean a person who
serves on a full-time basis in the title of forest ranger I, forest
ranger II, forest ranger III, assistant superintendent of forest fire
control, superintendent of forest fire control or any successor titles
or new titles in the forest ranger title series in the department of
environmental conservation.
b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any forest ranger in the service of the
department of environmental conservation who is a member of the New York
state and local employees' retirement system may transfer to the New
York state and local police and fire retirement system and shall receive
credit pursuant to and be entitled to the retirement benefits afforded
in accordance with this section. Upon any such transfer the member shall
be entitled to the amount of service which would have been deemed
creditable had such member been subject to such system during the course
of his or her membership within such system. Contributions to such
system shall be made in accordance with appropriate provisions of law
relating thereto. Application for such transfer must be made to the
state comptroller on or before December thirty-first, nineteen hundred
ninety-seven. The provisions of section three hundred forty-three of
this article shall apply to any member making application for transfer
under this subdivision.
c. Any forest ranger in the service of the department of environmental
conservation who elects or is required to contribute under this section
shall contribute to the New York state and local police and fire
retirement system on the basis of retirement upon his:
1. Completion of twenty-five years of total creditable service, or
2. Attainment of age sixty, if prior thereto, on an allowance of
one-fiftieth of his final average salary for each year of total
creditable service not in excess of twenty-five years. Such election
shall be in writing and shall be duly executed and filed with the
comptroller.
d. Every employee entering or re-entering service as a forest ranger
in the service of the department of environmental conservation on or
after the effective date of this section shall contribute on the basis
provided for by this section.
e. A member who is required to contribute in accordance with this
section shall contribute, in lieu of the proportion of compensation as
provided in section three hundred twenty-one of this article, a
proportion of his compensation similarly determined. Such latter
proportion shall be computed to provide at the time when he shall first
become eligible for retirement under this section, an annuity equal to
one-one hundredth of his final average salary for each year of service
as a member prior to the attainment of the age when he shall first
become eligible for retirement. Such member's rate of contribution
pursuant to this section shall be appropriately reduced pursuant to
section three hundred seventy-a of this article for such period of time
as his 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.
f. 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 or upon the attainment of
age sixty by filing an application therefor in a manner similar to that
provided in section three hundred seventy of this article. He thereupon
shall receive, on retirement, a retirement allowance consisting of:
1. An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, plus
2. A pension which, together with such annuity and a pension which is
the actuarial equivalent of the reserve-for-increased-take-home-pay to
which he may then be entitled, if any, shall equal one-fiftieth of this
final average salary for each year of creditable service in such
division. This pension shall not exceed the amount needed to make the
total amount of the benefits provided under this paragraph and paragraph
one of this subdivision equal to one-half of final average salary.
3. For each year of total creditable service in excess of twenty-five
years, an additional pension which shall be equal to one-sixtieth of his
final average salary; provided, however, that the total allowance
payable pursuant to this section shall not exceed three-quarters of such
member's final average salary.
4. An additional pension equal to the pension for any creditable
service rendered while not employed as a forest ranger in the service of
the department of environmental conservation as provided under
paragraphs two and three of subdivision a of section three hundred
seventy-five of this article. This pension shall:
(i) be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five years of service as a
forest ranger in the service of the department of environmental
conservation for which he receives credit under this article, and
(ii) not increase the total allowance to more than he would have
received had his total service been rendered as a forest ranger in the
service of the department of environmental conservation.
For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
(A) if not reduced by the actuarial equivalent of any outstanding
loan, and
(B) if not increased by the actuarial equivalent of any additional
contributions, and
(C) if not reduced by reason of the member's election to decrease his
annuity contributions to the retirement systems in order to apply the
amount of such reduction in payment of his contributions for old-age and
survivors insurance coverage.
g. The increased pensions to a forest ranger in the service of the
department of environmental conservation, as provided by this section,
shall be paid from additional contributions made by the state on account
of such members. 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. Upon approval by the comptroller, such
additional contributions shall be certified by him to the commissioner
of environmental conservation. The amount thereof shall be included in
the annual appropriation of the state for the department of
environmental conservation. Such amount shall be paid on the warrant of
the comptroller to the pension accumulation fund of the retirement
system.
h. In computing the twenty-five years of total creditable service of a
forest ranger in the service of the department of environmental
conservation, full credit shall be given and full allowance shall be
made for service of such member in time of war and service with the
American expeditionary forces subsequent to November eleventh, nineteen
hundred eighteen, and prior to June thirtieth, nineteen hundred nineteen
of honorably discharged officers, soldiers, sailors, marines and army
nurses, who were actual residents of the state at the time of their
entry into the military service of the United States, and the service of
members of the national guard in the military service of the United
States of America pursuant to the call of the president or Mexican
border service.
i. The provision of this section shall be controlling notwithstanding
any provision in this article to the contrary.
j. Notwithstanding any provision of subdivision d, e, or i of this
section to the contrary, a member who is in the collective negotiating
units designated as the security services unit or security supervisors
unit or designated management confidential employees 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 ninety-eight,
elect to come under the provisions of section three hundred
seventy-five-h of this article. Such election shall be duly executed and
filed with the comptroller.
k. Commencing with the effective date of this section and in a manner
determined by the head of the retirement system, the employer shall make
contributions to the retirement system to fund the past service
liability cost associated with the implementation of this section as
those costs are calculated by the retirement system actuary. Such
contributions may be made, at the election of the employer, in level
dollar installments over a ten year period.