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4 <br /> j Eligibility_ for Allowance and Calculation of Allowance Amount.—To be eligible for <br /> an allowance under this section, an officer is required to meet one of the following sets of criteria <br /> that shall also determine the allowance amount: <br /> For officers meeting all of the following criteria,the annual special separation <br /> allowance to be paid is equal to eighty-five hundredths percent(0.85%)of the <br /> annual base rate of compensation most recently pplicable to the officer for <br /> each year of that officer's creditable service: <br /> a. The officer(i has completed 30 or more years of creditable service or <br /> (ii) is 55 years of age or older and completed five or more years of <br /> creditable service. <br /> b. The officer is less than 62 years of age. <br /> C. The officer has completed at least five years of continuous service as <br /> a law enforcement officer immediately preceding the officer's service <br /> retirement. Any break in this required continuous service that is a <br /> result of disability retirement or disability salM continuation benefits <br /> shall not adversely affect an officer's qualification to receive an <br /> allowance under this subdivision so long as the officer returned to <br /> service within 45 days after the disability benefits had ceased and is <br /> otherwise qualified to receive the allowance. <br /> d. At least fifty percent (50%) of the officer's creditable service is as a <br /> law enforcement officer, or for service prior to July 1, 2017, as a <br /> probation/parole officer. <br /> For officers meeting all of the following criteria,the annual special separation <br /> allowance to be paid is equal to eighty-five hundredths percent(0.85%)of the <br /> annual equivalent of the base rate of compensation at the time the officer <br /> attained 30 years of service multiplied b <br /> a. Prior to attaining 62 years of age,the officer has completed 30 or more <br /> years of creditable service, at least fifty percent (50%) of which was <br /> as a law enforcement officer, or for service prior to July 1, 2017, as a <br /> probation/parole officer. <br /> b. The officer has completed at least five years of continuous service as <br /> a law enforcement officer immediately_preceding the officer's service <br /> retirement. Any break in this required continuous service that is a <br /> result of disability retirement or disability salary continuation benefits <br /> shall not adversely affect an officer's qualification to receive an <br /> allowance under this subdivision so long as the officer returned to <br /> service within 45 days after the disability benefits had ceased and is <br /> otherwise qualified to receive the allowance. <br /> If an officer meets all of the criteria under each subdivision of this subsection, then the <br /> employer making the allowance payments shall allow the officer to choose which of the two <br /> calculation formulas to use for that officer's allowance. This election by the officer is a one-time, <br /> irrevocable election and shall be made prior to the first allowance payment. If no election is made <br /> by the officer,then the calculation amount under subdivision(2) of this subsection shall be used. <br /> (c) Cessation of Payment. — Payment of the allowance to a retired officer under the <br /> provisions of this section shall cease at the first eT.--occurrence of one of the following: <br /> (1) The death of the e€fieer=,officer. <br /> (2) The last day of the month in which either of the following applies: <br /> a. If the officer is receiving an allowance in an amount determined under <br /> subdivision (b 1)(1) of this section, the officer attains 62 years of <br /> erne. <br /> Page 2 Session Law 2025-8 House Bill 50 <br />