An Optional Retirement Plan for County Sheriffs, Undersheriffs, Deputy Sheriffs and Correction Officers (Sections 89-p and 603(l))
This brochure describes the features of a special 25-year retirement plan providing an alternative retirement benefit for sheriffs, undersheriffs, deputy sheriffs and correction officers not already enrolled in a plan that permits retirement at any age after completing 25 years of service. Your county must have adopted this plan by June 30, 2009 for these benefits to be available to you.
For information about other benefits available to you, please consult the summary of your regular plan, which is available on our website or from our Call Center.
If your county adopted this retirement plan and you are a Tier 1, 2, 4, 5 and 6 member in an eligible title, you are automatically covered. If you are a Tier 3 member, you must elect the plan within one year of the date your employer adopted it or within one year of beginning covered employment. This election is irrevocable and provides Tier 3 members coverage under the Tier 4 benefits of this plan. The sheriff (or chief executive officer where correction officers are not employed by a sheriff's department) must certify eligible employees.
Creditable service includes all service performed as a sheriff, undersheriff, and/or correction officer for your county. Deputy Sheriff Service is creditable if at least 50 percent of your duties directly engage you in criminal law enforcement.
Credit may also be granted for service earned in the following eligible titles:
- Uniformed employee in an institution under the jurisdiction of the New York State Department of Correctional Services;
- Security hospital treatment assistant under the jurisdiction of the New York State Office of Mental Health;
- County correction officer, sheriff, undersheriff or deputy sheriff covered by a plan that provides for retirement after 25 years (If you were previously employed by another county that did not provide a special 25-year retirement plan and it adopts a plan prior to your retirement, your service in one of these titles with that county can then be credited.);
- Member or officer of the New York State Police;
- Paid firefighter, police officer or officer of an organized fire department or police force of any county, city, village, town, fire district or police district;
- Criminal investigator in the office of a district attorney prior to January 1, 1960 (up to five years may be credited);
- Certain military service;
- Certain New York City correction officer service (you must pay the full cost — there is no employer subsidy).
Since it may be necessary for you to purchase or transfer some of this service, please contact us to determine eligibility.
Sections 89-p and 603(l) of the Retirement and Social Security Law (RSSL) provide a benefit equal to 50 percent of your final average salary on completion of 25 years of creditable service, regardless of age.
When you retire, if you are eligible for a benefit under your regular retirement plan, we will compare that benefit to the one payable under Section 89-p or 603(l) and pay the greater of the two benefits.
The death benefit for Tier 1 and 2 correction officers covered by this special plan is the same as the benefit provided by your regular retirement plan. Please consult the summary of your regular retirement plan to learn more about this benefit.
After 90 days of service, the death benefit for Tier 3, 4, 5 and 6 correction officers is three times your salary raised to the next highest multiple of $1,000. The salary is limited by Section 130 of the Civil Service Law. There is no post-retirement death benefit available.
Special Disability Benefits
Counties can elect to provide special performance of duty disability benefits. You may be eligible for these benefits if you become disabled:
- As the result of an act by an inmate or other person confined in an institution under the jurisdiction of the county.
- Due to Human Immunodeficiency Virus (HIV), tuberculosis or hepatitis contracted as a result of performing your job.
- Due to heart disease while employed if, upon entry into public service, you were required to take and then passed a physical examination that did not reveal any evidence of heart disease.
If approved, your benefit would equal 75 percent of your final average salary less any Workers’ Compensation benefits you are receiving or are eligible to receive. Contact your employer to determine if these benefits are available to you.
Other Disability Benefits
Other disability benefits are available to you. Please consult the summary of your regular retirement plan to learn more about these benefits.
For More Information
If you have any questions,
- Visit our website
- Contact our Call Center toll-free at 1-866-805-0990, or 518-474-7736 in the Albany, New York area
- Fax us at 518-402-4433 or
- Write to us at:
New York State and Local Retirement System
110 State Street
Albany, NY 12244-0001
You can also make an appointment to meet with an Information Representative at any of our consultation sites throughout the State. A list of these consultation sites is available on our website or from our Call Center.
VO1832 (Rev. 6/12) ©2012, New York State and Local Employees’ Retirement System
This publication provides a general summary of retirement benefits, rights and responsibilities, and is not a substitute for any New York State or federal law. For specific information about your benefits, please contact us.