§ 89-A — Pilotage on the Hudson river; rates

New York § 89-A

• Jurisdiction: New York
• Law NAV: Navigation
• Art. 6: Pilots and Pilotage Fees, Port of New York

Text

§ 89-a. Pilotage on the Hudson river; rates. 1. Every foreign vessel\nand every American vessel under register, except vessels proceeding\notherwise than by sea and of less than three hundred gross registered\ntons and having a fully loaded draft of seven feet or less, entering or\ndeparting from the Hudson river north of a line running from the foot of\nMain street, Yonkers, west to Alpine, New Jersey, or navigating any of\nthe waters of the Hudson river north of said line and south of the dam\nat Troy, New York, shall take a Hudson river pilot licensed under the\nauthority of this article. Notwithstanding the provisions of this\nsubdivision, recreational vessels as defined in section 2101 (34) of\ntitle 46 of the United States Code of less than two hundred feet in\nlength may be exempted from the compulsory state pilotage requirement at\nthe discretion of the board of commissioners of pilots. Whenever the\nservices of such a pilot are refused, the master, owners or consignees\nshall pay pilotage as if one had been employed. Such pilotage shall be\npaid to the pilot first speaking or offering his services as pilot to\nsuch vessel. The pilotage authorized to be collected whenever a pilot\nshall be refused by a vessel shall be sued for and recovered in the name\nof the pilot tendering such service. Such pilotage, when recovered,\nshall belong to and may be retained by such pilot for his own benefit\nand use. Recreational vessels as defined in section 2101 (34) of title\n46 of the United States Code may be exempted from the compulsory state\npilotage requirement pursuant to this subdivision at the discretion of\nthe board of commissioners of pilots.\n 2. It shall be unlawful for any person not licensed as a Hudson river\npilot under this article to pilot or offer to pilot any foreign vessel\nor vessel from a foreign port or any vessel under register on that\nportion of the Hudson river specified in the preceding subdivision.\n 3. Violation of subdivision two of this section shall be a misdemeanor\npunishable by a fine not exceeding one hundred dollars or by\nimprisonment not exceeding sixty days. Any person employing such an\nunlicensed person to act as pilot shall forfeit and pay the sum of one\nhundred dollars to the board of commissioners of pilots.\n 4. (a) Every foreign vessel and every American vessel under register\nnavigating the waters of that portion of the Hudson river specified in\nthis section shall be subject to base pilotage rates hereinafter\nspecified in this subdivision:\n (b) From or into the port of New York:\nYonkers Line\nThe following scale of charges shall be applicable:\n (1) (i) All vessels of 100 pilotage units and over shall pay $12.17\nper pilotage unit for Section 1, Lower River; Yonkers, to all ports\nthrough Hyde Park.\nThe following charges shall be applicable to Section 1, Lower River:\nUp to 50 pilotage units ........................................ $852.97\nMore than 50 and up to 100 pilotage units ..................... $1217.00\nAll vessels of 100 pilotage units and over shall pay ............ $17.19\nper pilotage unit for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following charges shall be applicable to Section 2, Upper River:\nUp to 50 pilotage units ....................................... $1406.05\nMore than 50 and up to 100 pilotage units ..................... $1719.00\nA maximum charge of up to 500 pilotage units shall be applicable.\n (ii) Twelve months after the effective date of this clause the\nfollowing base pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $12.41 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $870.03\nMore than 50 and up to 100 pilotage units ..................... $1241.00\nA maximum charge of up to 500 pilotage units\nshall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of .......................................................... 17.53\nper pilotage unit for Section 2,\nUpper River; Yonkers, to all ports beyond Hyde\nPark through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1434.17\nMore than 50 and up to 100 pilotage units ..................... $1753.00\nA maximum charge of up to 500 pilotage units shall be applicable.\n (iii) Twenty-four months after the effective date of this clause the\nfollowing base pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $12.66 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $887.43\nMore than 50 and up to 100 pilotage units ..................... $1266.00\nA maximum charge of up to 500 pilotage units shall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $17.88\nper pilotage unit for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1462.85\nMore than 50 and up to 100 pilotage units ..................... $1788.00\nA maximum charge of up to 500 pilotage units shall be applicable.\n (iv) Thirty-six months after the effective date of this clause the\nfollowing base pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $12.85 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $900.74\nMore than 50 and up to 100 pilotage units ..................... $1285.00\nA maximum charge of up to 500 pilotage units shall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $18.15\nper pilotage unit for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1484.48\nMore than 50 and up to 100 pilotage units ..................... $1815.00\nA maximum charge of up to 500 pilotage units shall be applicable.\n (v) Forty-eight months after the effective date of this clause the\nfollowing base pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $13.07 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $914.25\nMore than 50 and up to 100 pilotage units ..................... $1307.00\nA maximum charge of up to 500 pilotage units shall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $18.42\nper pilotage unit for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1507.07\nMore than 50 and up to 100 pilotage units ..................... $1842.00\nA maximum charge of up to 500 pilotage units shall be applicable.\n (vi) Beginning on the thirtieth day following the effective date of\nthe act that added this clause, the following base pilotage rates shall\nbe applicable:\n All vessels of 100 pilotage units and over shall pay $13.34 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $932.54\nMore than 50 and up to 100 pilotage units ..................... $1333.14\nA maximum charge of up to 500 pilotage units shall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $18.79\nper pilotage unit for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1537.22\nMore than 50 and up to 100 pilotage units ..................... $1878.84\nA maximum charge of up to 500 pilotage units shall be applicable.\n (vii) Effective January first, two thousand twenty-two, the following\nbase pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $13.61 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $951.20\nMore than 50 and up to 100 pilotage units ..................... $1359.81\nA maximum charge of up to 500 pilotage units shall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $19.17\nper pilotage unit for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1567.97\nMore than 50 and up to 100 pilotage units..................... $1916.42\nA maximum charge of up to 500 pilotage units shall be applicable.\n (viii) Effective January first, two thousand twenty-three, the\nfollowing base pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $14.02 per\npilotage unit for Section 1, Lower River; Yonkers, to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ........................................ $979.74\nMore than 50 and up to 100 pilotage units ..................... $1400.60\nA maximum charge of up to 500 pilotage units shall be applicable.\nAll vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $19.75\nper pilotage unit for Section 2, Upper River; Yonkers to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1615.01\nMore than 50 and up to 100 pilotage units ..................... $1973.91\nA maximum charge of up to 500 pilotage units shall be applicable.\n (ix) Effective January first, two thousand twenty-four, the following\nbase pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $14.44 per\npilotage unit for Section 1, Lower River; Yonkers to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ....................................... $1009.13\nMore than 50 and up to 100 pilotage units ..................... $1442.62\nA maximum charge of up to 500 pilotage units shall be applicable.\n All vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $20.34\nper pilotage unit for Section 2, Upper River; Yonkers to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1663.46\nMore than 50 and up to 100 pilotage units ..................... $2033.13\nA maximum charge of up to 500 pilotage units shall be applicable.\n (x) Effective January first, two thousand twenty-five, the following\nbase pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $14.87 per\npilotage unit for Section 1, Lower River; Yonkers to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ....................................... $1039.40\nMore than 50 and up to 100 pilotage units ..................... $1485.90\nA maximum charge of up to 500 pilotage units shall be applicable.\n All vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $20.95\nper pilotage unit for Section 2, Upper River; Yonkers to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following base pilotage rates shall be applicable to Section 2,\nUpper River:\nUp to 50 pilotage units ....................................... $1713.36\nMore than 50 and up to 100 pilotage units ..................... $2094.12\nA maximum charge of up to 500 pilotage units shall be applicable.\n (xi) Effective January first, two thousand twenty-six, the following\nbase pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $15.32 per\npilotage unit for Section 1, Lower River; Yonkers to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ....................................... $1070.58\nMore than 50 and up to 100 pilotage units ..................... $1530.48\nA maximum charge of up to 500 pilotage units shall be applicable.\n All vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $21.58\nper pilotage unit for Section 2, Upper River; Yonkers to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following pilotage rates shall be applicable to Section 2, Upper\nRiver:\nUp to 50 pilotage units ....................................... $1764.76\nMore than 50 and up to 100 pilotage units ..................... $2156.94\nA maximum charge of up to 500 pilotage units shall be applicable.\n (xii) Effective January first, two thousand twenty-seven, the\nfollowing base pilotage rates shall be applicable:\n All vessels of 100 pilotage units and over shall pay $15.78 per\npilotage unit for Section 1, Lower River; Yonkers to all ports through\nHyde Park.\nThe following base pilotage rates shall be applicable to Section 1,\nLower River:\nUp to 50 pilotage units ....................................... $1102.70\nMore than 50 and up to 100 pilotage units ..................... $1576.39\nA maximum charge of up to 500 pilotage units shall be applicable.\n All vessels of 100 pilotage units and over shall pay a base pilotage\nrate of ......................................................... $22.23\nper pilotage unit for Section 2, Upper River; Yonkers to all ports\nbeyond Hyde Park through Albany or Troy.\nThe following pilotage rates shall be applicable to Section 2, Upper\nRiver:\nUp to 50 pilotage units ....................................... $1817.70\nMore than 50 and up to 100 pilotage units ..................... $2221.65\nA maximum charge of up to 500 pilotage units shall be applicable.\n (1-a) All vessels shall pay an additional launch fee and communication\nfee. The launch fee shall be set by the board of commissioners of pilots\nto recoup the cost of operating a pilot launch and pilot station at\nYonkers. The communication fee shall be set by the board of\ncommissioners of pilots to recoup the cost of portable electronic\ncommunication and navigation equipment carried aboard the vessel by the\npilot.\n All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde\nPark through Albany or Troy shall pay a mid-river launch fee. The\nmid-river launch fee shall be set by the board of commissioners of\npilots to recoup the cost of operating a pilot launch and pilot station\nat Norrie Point.\n The launch fee, communication fee, and mid-river launch fee shall be\nreviewed annually by the board of commissioners of pilots on or about\nthe anniversary date upon which this section shall have become a law.\n In the event a vessel transiting the Hudson River requires a\ncontinuous pilotage of more than ten hours, two pilots shall be assigned\nat the beginning of such transit, and the fee shall be the regular\npilotage fee plus fifty percent for the second pilot. The fee for the\nsecond pilot shall not apply when the first pilot is discharged at the\nmid-river pilot station and relieved at such station by a second pilot.\nA second pilot shall not be required when the vessel anchors for a\nminimum of eight hours such that the transit does not require a\ncontinuous pilotage of more than ten hours by one pilot.\n (1-b) There is hereby created a Hudson River pilots surcharge board\nwhich shall determine the rate of the surcharge provided in subparagraph\none-c of this paragraph. The surcharge board shall determine eligibility\nfor benefits pursuant to subdivisions five and eight of this section.\n The Hudson River pilots surcharge board shall consist of two members\nas follows: the president of the board of commissioners of pilots of the\nstate of New York, or his or her designee from the board of\ncommissioners, and the president of the Hudson River pilots association,\nor his or her designee who must be a member of such association. In the\nevent the two members cannot reach a decision on the surcharge rate, a\nthird member shall be appointed by the two members from a list submitted\nby the Society of Maritime Arbitrators from its lists of commercial\narbitrators. If, after submission of such a list, the two members of the\nboard fail to agree upon a single arbitrator as the third member, then\nthe Society of Maritime Arbitrators shall be authorized to select and\nsubmit the name of the third member for appointment. Such third member\nshall be appointed within ten days of a deadlocked vote of the Hudson\nRiver pilots surcharge board. Such members shall vote at meetings called\nupon written notice mailed seven calendar days in advance of the\nmeeting, to determine the rate of surcharge, assisted as necessary by\nqualified actuaries or accountants, authorized in clause (i) of\nsubparagraph one-c of this paragraph during each calendar quarter in\ntime sufficient for such surcharge to be in effect on the following\nJanuary first, April first, July first, and October first of each year.\nWritten notice of meetings may be waived if done so with unanimous\nconsent of all board members. Members of the Hudson River pilots\nsurcharge board shall be subject to section seventeen of the public\nofficers law.\n (1-c) (i) In addition to the base pilotage charge set forth in\nsubparagraph one of this paragraph, there is hereby established a\nsurcharge on every foreign vessel and every American vessel under\nregister navigating that portion of the Hudson River specified in this\nsection. Such surcharge, as determined quarterly by the Hudson River\npilots surcharge board, shall be imposed for the exclusive purpose of\nthe funding, on a sound actuarial basis, the retirement benefits for\nHudson River pilots, described in clause (ii) of this subparagraph.\n (ii) The amount of the surcharge described in clause (i) of this\nsubparagraph shall be computed as follows:\nPILOTAGE UNITS SURCHARGE\n0 to 50 $113.00\n51 to 100 $138.00\nover 100 $1.38 per pilot unit\nduring the first twelve months after the effective date of this\nsubparagraph.\n The amount of the surcharge described in clause (i) of this\nsubparagraph shall be computed as follows:\nPILOTAGE UNITS SURCHARGE\n0 to 50 $170.00\n51 to 100 $207.00\nover 100 $2.07 per pilot unit\nduring the period beginning with the thirteenth month and ending with\nthe twenty-fourth month after the effective date of this subparagraph.\n The amount of the surcharge described in clause (i) of this\nsubparagraph shall be computed as follows:\nPILOTAGE UNITS SURCHARGE\n0 to 50 $213.00\n51 to 100 $260.00\nover 100 $2.60 per pilot unit\nduring the period beginning with the twenty-fifth month and ending with\nthe thirty-sixth month after the effective date of this subparagraph.\n The amount of the surcharge described in clause (i) of this\nsubparagraph shall be computed as follows:\n Pilotage units surcharge\n0-50 $250.00\n51-100 $305.00\nOver 100 $ 3.05 per pilot unit\nduring the period beginning with the thirty-seventh month and ending\nwith the forty-eighth month after the effective date of this\nsubparagraph.\n The amount of the surcharge described in clause (i) of this\nsubparagraph shall be computed as follows:\n Pilotage units surcharge\n0-50 $280.00\n51-100 $341.00\nOver 100 $ 3.41 per pilot unit\nduring the period beginning with the forty-ninth month and ending with\nthe sixtieth month after the effective date of this subparagraph.\n (iii) Following the sixtieth month after the effective date of this\nsubparagraph, the amount of the surcharge as determined by the surcharge\nboard shall not exceed the greater of thirty-five percent of the sum of\nthe base pilotage charges collected pursuant to the rate set forth in\nthis subparagraph for Section 2, Upper River; Yonkers, to all ports\nbeyond Hyde Park through Albany or Troy, as amended, or five hundred\nthousand dollars, in any calendar year.\n (iv) The scale of charges set forth in this subparagraph is deemed a\npilotage fee and shall be subject to the provisions of section\nninety-five of this article.\n (v) (A) The proceeds of the surcharge provided for in this section\nshall be deposited in an account maintained by the Hudson River pilots\nassociation for the benefit of Hudson River pilots eligible for benefits\nas provided in this clause, from which account all such benefits and the\nreasonable expenses for administration thereof shall be paid. The monies\non deposit in such account shall be referred to hereafter as the\n"retirement assets". All retirement assets shall be used exclusively to\npay a yearly target retirement benefit to (I) Hudson River pilots active\non the date pilotage rates are computed pursuant to this subparagraph\nand thereafter, upon retirement on or after the age of sixty; (II)\nretired Hudson River pilots or Hudson River pilots receiving benefits on\nthe effective date of this section; and (III) to eligible surviving\nspouses of retired pilots.\n (B) Hudson River pilots who are also Sandy Hook pilots eligible to\nreceive a full branch retirement benefit under item (B) of subclause one\nof clause (ii) of subparagraph one of paragraph (b) of subdivision four\nof section eighty-eight of this article shall be excluded from receiving\nany benefits specified in subdivision five of this section.\n (C) No individual other than those specified in subclause (A) of this\nclause shall be eligible for benefits pursuant to the surcharge\ndescribed in clause (i) of this subparagraph without the approval of the\nHudson River pilots surcharge board.\n (D) The funds generated by the surcharge imposed by clause (i) of this\nsubparagraph shall be administered by the executive committee of the\nHudson River pilots association, or any successors thereto. Any funds\ngenerated by the surcharge imposed by clause (i) of this subparagraph\nwhich exceed the funds deemed sufficient to provide the benefits set\nforth in items (I) and (III) of subclause (A) of this clause shall be\nused to defray the retirement benefits set forth in this subclause.\n (E) The surcharges pursuant to clause (i) of this subparagraph shall\nbe collected by the agent of the Hudson River pilots. Funds generated\nfor these purposes shall be audited annually by the surcharge board to\nensure proper funding for the purposes set forth in clause (i) of this\nsubparagraph.\n (2) "Pilotage units" shall be determined as expressed by the following\nformula:\n Overall length x extreme breadth x depth to uppermost continuous deck\ndivided by 10,000 equals pilotage units.\n (3) In the middle river and upper river as specified herein no foreign\nand no American vessel under register shall be docked, undocked or\nshifted unless such docking, undocking or shifting is performed by a\nHudson river pilot duly licensed under this article.\n (c) Definitions: "Overall length" is the distance between the forward\nand after extremities of the vessel.\n "Extreme breadth" is the maximum breadth to the outside of the shell\nplating of the vessel.\n "Depth" is the vertical distance at amidships from the top of the keel\nplate to the uppermost continuous deck fore and aft, and which extends\nto the sides of the vessel. The continuity of a deck shall not be\nconsidered to be affected by the existence of openings, including but\nnot limited to tonnage openings, engine space or a step in the deck.\n All measurements shall be in feet and inches (U.S.).\n The board of commissioners of pilots shall be the sole arbiter with\nrespect to a question concerning these definitions. The decision by the\nboard shall be final.\n (d) The measurement of overall length, extreme breadth and depth, as\npreviously defined, shall be made available to the pilot by the master\nor his agent for the purpose of computation of pilotage fees.\n Failure to provide the measurements so required shall subject vessel\nto the maximum pilotage charge.\n 5. Each Hudson River pilot who entered service after two thousand five\nas a Hudson River pilot shall participate in such qualified retirement\nprogram as adopted by each such pilot and funded by such portion of the\nsurcharge allocated thereto by the surcharge board to provide a\ncontribution of an amount equivalent to twelve percent of the earnings\nfrom service as an active Hudson River pilot based upon the base\npilotage tariffs set forth in subparagraph one-c of paragraph (b) of\nsubdivision four of this section. Such amount shall be transferred\ndirectly by the agent to such pilot's retirement account, it being\nunderstood that such pilot's entire retirement benefit will be provided\nsolely by the account balance of such retirement account on the date of\nretirement. In addition, such surcharge shall be used to purchase life\nand disability insurance coverage from an insurance company selected by\nthe board. Such disability insurance shall provide a disability benefit\ncomputed as a single life annuity, equal to fifty percent of the amount\nwhich is equal to such pilot's earnings from service as an active Hudson\nRiver pilot based upon the base pilotage tariffs set forth in\nsubparagraph one-c of paragraph (b) of subdivision four of this section\nduring the last full calendar year of service as an active Hudson River\npilot prior to disability, until the age of sixty. In the event such\ndisability insurance is unavailable, each such pilot eligible for sick\nretirement benefits shall receive, a yearly benefit computed as a single\nlife annuity equal to the sum of ten percent of the amount which is\nequal to the earnings from service as an active Hudson River pilot based\nupon the pilotage tariffs set forth in subparagraph one-c of paragraph\n(b) of subdivision four of this section during the last full calendar\nyear of service as an active Hudson River pilot prior to disability and\none and six-tenths percent for each year of service after the first year\nto a maximum of fifty percent of the amount which is equal to the\nearnings from service as an active Hudson River pilot based upon the\nbase pilotage tariffs set forth in subparagraph one-c of paragraph (b)\nof subdivision four of this section during the last full calendar year\nof service as an active Hudson River pilot prior to disability, until\nthe age of sixty.\n 6. Hudson River pilots who retired before nineteen eighty shall\nreceive an annual retirement benefit in the amount of thirty-four\nthousand nine hundred ninety-five dollars; those who retired from\nnineteen eighty-one through nineteen ninety shall receive an annual\nretirement benefit in the amount of thirty-nine thousand nine hundred\nninety-five dollars; those who retired from nineteen hundred ninety-one\nthrough two thousand shall receive an annual retirement benefit in the\namount of forty-four thousand nine hundred ninety-four dollars; those\nwho retired in two thousand one shall receive an annual retirement\nbenefit in the amount of fifty-eight thousand four hundred ninety-two\ndollars; those who retired in two thousand eight shall receive an annual\nretirement benefit in the amount of fifty-nine thousand nine hundred\nninety-two dollars; those who retired in two thousand ten shall receive\nan annual retirement benefit in the amount of forty-nine thousand nine\nhundred ninety-three dollars; an active Hudson River pilot who retires\nbefore two thousand sixteen shall receive an annual retirement benefit\nin the amount of eighty-four thousand six hundred dollars.\n 7. (a) A Hudson River pilot eligible for benefits set forth in\nsubdivision five of this section, who retires, shall not be entitled to\ncommence receiving benefits until the commencement of the benefit\npayment period next following the date on which such pilot retired or\nbecame eligible for disability retirement benefits. For accounting\npurposes, the benefit payment periods shall consist of a full calendar\nquarter commencing on January first, April first, July first, and\nOctober first of each year, but the first payments of benefits shall be\nmade during the months of March, June, September, and December.\n (b) No active Hudson River pilot shall commence receiving benefits\nuntil a properly completed resignation as an active pilot specifying a\nproposed date of retirement has been submitted in writing to the Hudson\nRiver pilots executive committee, or successor thereto, prior to\nNovember first, if retirement is to become effective on the first day of\nthe following January; prior to February first, if retirement is to\nbecome effective on the first day of the following April; prior to May\nfirst, if retirement is to become effective on the first day of the\nfollowing July; and, prior to August first, if retirement is to become\neffective on the first day of the following October.\n (c) For the purpose of the computations described in subdivision five\nof this section, service by a pilot of more than six months of such\npilot's last calendar year as an active pilot shall be considered a full\ncalendar year.\n (d) If a retired Hudson River pilot dies without a surviving spouse,\nthe balance of the yearly pension benefit for the remainder of the\nbenefit payment period shall be paid to the deceased pilot's estate or\ndesignated beneficiary after which all rights to benefits shall be\nterminated.\n 8. (a) The eligible surviving spouse of a Hudson River pilot described\nin subdivision five of this section who dies while in active service\nshall receive a yearly pension benefit equal to fifty percent of the\namount which such deceased pilot would have received under subdivision\nfive of this section had retirement immediately preceded the date of\ndeath.\n (b) With respect to Hudson River pilots described in subdivision five\nof this section, the eligible surviving spouse of a deceased retired\nHudson River pilot receiving retirement benefits on the date of death,\nshall receive a yearly benefit equal to the deceased pilot's benefit for\nthe remainder of the benefit payment period in which death occurred, and\nthereafter fifty percent of the amount received by the deceased pilot on\nthe date of death.\n (c) Upon the death of the eligible surviving spouse of a deceased\nHudson River pilot who was receiving benefits, the balance of the yearly\npension benefit for the remainder of the benefit payment period shall be\npaid to the deceased surviving spouse's estate or designated beneficiary\nafter which all rights to benefits shall terminate.\n 9. A "Hudson River pilot" for the purposes of this section is defined\nas an individual holding a license to act as Hudson River pilot for the\nwaters of the Hudson River north of a line running from the foot of Main\nStreet in Yonkers to Alpine, New Jersey and south of the dam at Troy,\nissued by the board of commissioners of pilots of the state of New York.\nA "retired Hudson River pilot" for the purposes of this section is a\npilot who retired from active service in the Hudson River pilots\nassociation. An "eligible surviving spouse" for the purposes of this\nsection is defined as a spouse of a deceased pilot married at least one\nyear prior to the date of death of the deceased pilot.\n