§ 16-C — Minimum service retirement benefits for certain sanitation department employees in cities and who are members of pension or retirement sy...

§ 16-c. Minimum service retirement benefits for certain sanitation\ndepartment employees in cities and who are members of pension or\nretirement systems maintained by such cities. 1. For the purposes of\nthis section the uniformed force of a city department of sanitation or\nsimilar department or agency shall be deemed to consist of\nsanitationman, assistant foreman, foreman, district superintendent,\nsenior superintendent, supervising superintendent, principal\nsuperintendent, city superintendent, director of operations and general\nsuperintendent.\n 2. Notwithstanding the provisions of any general, special or local\nlaw, charter or administrative code to the contrary, and in lieu of any\nlesser amount otherwise prescribed, any person:\n (a) who is a member of the uniformed force of the department of\nsanitation or similar department or agency of a city, and is a member of\na pension or retirement system maintained by such city; and\n (b) who, by reason of a plan or option selected by him or otherwise\nmade applicable to him pursuant to or by the administrative code or\ncharter or other local provisions of law governing the rate of\ncontribution and eligibility for service retirement of members of such\nuniformed force who are members of such city-maintained pension or\nretirement system:\n (1) is required to make contributions to such system at a rate\ncalculated on the basis of a service-fraction of not less than one\none-hundredth of his final compensation under such system; and\n (2) is eligible for retirement for service upon completion of a\nminimum of twenty-five years of service in such uniformed force as a\nmember of such system; and\n (c) who has completed at least twenty-five years of service in such\nuniformed force as a member of such system;\nshall, upon retirement for service, receive, on account of the first\ntwenty-five years of service in such uniformed force, a pension or\nretirement allowance which shall, subject to the provisions of this\nsection, be equal to one-half of his annual salary or compensation when\nso retired.\n 3. Where a city-maintained pension or retirement system for such\nmembers of such uniformed force of such city provides, upon retirement\nfor service, for a retirement allowance consisting of a pension (with or\nwithout a pension for-increased-take-home-pay) plus an annuity which is\nthe actuarial equivalent of the member's accumulated contributions or\naccumulated deductions at the time of his retirement, then in that event\nthere shall be added by the city, whenever required, a further pension\nof such amount which, together with the member's annuity, shall be\nsufficient to provide him with a retirement allowance equal to one-half\nof his annual salary or compensation when so retired. For the purpose\nonly of determining the amount of the additional pension contributions\nby the city that may be required, the member's annuity, if any, shall be\ncomputed, as it would be, (a) if it were not reduced by the actuarial\nequivalent of any outstanding loan, (b) if it were not increased by the\nactuarial equivalent of any additional contributions, (c) if it were not\nreduced by reason of the member's election to decrease his annuity\ncontributions in order to apply the amount of such reduction in payment\nof his contributions for old-age and survivors insurance coverage, (d)\nas it would be without any optional modification.\n 4. Where additional retirement benefits are payable under the\ncity-maintained pension or retirement system, such additional benefits\nshall be paid, for service in addition to and in excess of twenty-five\nyears of service, in addition to the minimum retirement benefits\nrequired to be paid by this section.\n 5. The provisions of this section shall not apply to members of the\nNew York state employees' retirement system.\n