§ 604-A — Twenty-year retirement program for New York city sanitation members

§ 604-a. Twenty-year retirement program for New York city sanitation\nmembers. a. Definitions. The following words and phrases as used in this\nsection shall have the following meanings unless a different meaning is\nplainly required by the context.\n 1. "New York city sanitation member" shall mean a member (as defined\nin subdivision e of section six hundred one of this article) who is a\nmember of the uniformed force of the New York city department of\nsanitation.\n 2. "Twenty-year retirement program" shall mean all the terms and\nconditions of this section.\n 3. "Starting date of the twenty-year retirement program" shall mean\nthe commencement date of the payroll period which includes July first,\nnineteen hundred ninety-two.\n 4. "Enactment date of the twenty-year retirement program" shall mean\nthe date of enactment of the act which added this section, as such date\nis certified pursuant to section forty-one of the legislative law.\n 5. "Participant in the twenty-year retirement program" shall mean any\nNew York city sanitation member who, under the applicable provisions of\nsubdivision b of this section, is entitled to the rights, benefits and\nprivileges and is subject to the obligations of the twenty-year\nretirement program, as applicable to him or her.\n 6. "Allowable service in the uniformed sanitation force" shall mean:\n (i) credited service which was rendered as a member of the uniformed\nforce of the New York city department of sanitation; and\n (ii) credited service which was rendered in another uniformed force\n(as defined in paragraph seven of this subdivision) immediately prior to\nbecoming a member of the uniformed force of the New York city department\nof sanitation; and\n (iii) credited service which was rendered in the uniformed force of\nthe New York city police department or the uniformed force of the New\nYork city fire department immediately prior to becoming a member of the\nuniformed force of the New York city department of sanitation and which\nwas transferred to the New York city employees' retirement system\npursuant to section forty-three of this chapter.\n 7. "Another uniformed force" shall mean (i) the uniformed transit\npolice force maintained by the New York city transit authority and by\nits predecessor, the board of transportation; or (ii) all of the\npositions in the New York city housing authority which are included in\nthe housing police service of the classification of the New York city\ndepartment of personnel; or (iii) the uniformed force of the New York\ncity department of correction.\n 8. "Minimum period" shall mean the minimum period of twenty years of\nallowable service in the uniformed sanitation force that is required in\norder for a participant in the twenty-year retirement program to be\neligible for early service retirement pursuant to paragraph one of\nsubdivision c of this section.\n 9. "Final compensation" shall mean the average compensation earned by\na member during any five consecutive years which provide the highest\naverage compensation. Where the period used to determine final\ncompensation is the period which immediately precedes the date of\nretirement, any month or months (not in excess of twelve) which would\notherwise be included in computing final compensation but during which\nthe member was on authorized leave of absence at partial pay or without\npay shall be excluded from the computation of final compensation and the\nmonth or an equal number of months immediately preceding such period\nshall be substituted in lieu thereof.\n 10. "Discontinued member" shall mean a participant in the twenty-year\nretirement program who, while he or she was a New York city sanitation\nmember, discontinued service in the uniformed force of the New York city\ndepartment of sanitation and has a right to a deferred vested benefit\nunder subdivision d of this section.\n 11. "Administrative code" shall mean the administrative code of the\ncity of New York.\n b. Participation in twenty-year retirement program.\n 1. Subject to the provisions of paragraph six of this subdivision, any\nperson who is a New York city sanitation member on the enactment date of\nthe twenty-year retirement program and who, as such a sanitation member\nor otherwise, last became subject to the provisions of this article\nprior to such enactment date, may elect to become a participant in the\ntwenty-year retirement program by filing, within ninety days after the\nenactment date of the twenty-year retirement program, a duly executed\napplication for such participation with the retirement system of which\nsuch person is a member, provided he or she is such a sanitation member\non the date such application is filed.\n 2. Subject to the provisions of paragraph six of this subdivision, any\nperson who becomes a New York city sanitation member after the enactment\ndate of the twenty-year retirement program and who, as such a sanitation\nmember or otherwise, last became subject to the provisions of this\narticle prior to such enactment date, may elect to become a participant\nin the twenty-year retirement program by filing, within ninety days\nafter becoming such a sanitation member, a duly executed application for\nsuch participation with the retirement system of which such person is a\nmember, provided he or she is such a sanitation member on the date such\napplication is filed.\n 3. Any election to be a participant in the twenty-year retirement\nprogram shall be irrevocable.\n 4. Each New York city sanitation member who becomes subject to the\nprovisions of this article on or after the enactment date of the\ntwenty-year retirement program shall become a participant in the\ntwenty-year retirement program on the date he or she becomes such a\nsanitation member.\n 5. Where any participant in the twenty-year retirement program shall\ncease to hold a position in the uniformed force of the New York city\ndepartment of sanitation, he or she shall cease to be such a participant\nand, during any period in which such person does not hold such a\nuniformed sanitation position, he or she shall not be a participant in\nthe twenty-year retirement program and shall not be eligible for the\nbenefits of subdivision c of this section.\n 6. Where any participant in the twenty-year retirement program\nterminates service in the uniformed force of the New York city\ndepartment of sanitation and returns to such service as a New York city\nsanitation member at a later date, he or she shall again become such a\nparticipant on that date.\n c. Service retirement benefits. 1. A participant in the twenty-year\nretirement program:\n (i) who has completed twenty or more years of allowable service in the\nuniformed sanitation force; and\n (ii) who has paid, before the effective date of retirement, all\nadditional member contributions and interest (if any) required by\nsubdivision e of this section; and\n (iii) who files with the retirement system of which he or she is a\nmember an application for service retirement setting forth at what time\nhe or she desires to be retired; and\n (iv) who shall be a participant in the twenty-year retirement program\nat the time so specified for his or her retirement; shall be retired\npursuant to the provisions of this section affording early service\nretirement.\n 2. (i) Notwithstanding any other provision of law to the contrary, the\nearly service retirement benefit for participants in the twenty-year\nretirement program who retire pursuant to paragraph one of this\nsubdivision shall be a pension consisting of:\n (A) an amount, on account of the required minimum period of service,\nequal to one-half of his or her final average salary; plus\n (B) an amount for each additional year of allowable service in the\nuniformed sanitation force, or fraction thereof, beyond such required\nminimum period of service equal to one and one-half percent of his or\nher final compensation; plus\n (C) an amount for each year, or fraction thereof, of credited service\nother than allowable service in the uniformed sanitation force equal to\none percent of his or her final compensation.\n (ii) The maximum pension computed without optional modification\npayable pursuant to subparagraph (i) of this paragraph shall equal that\npayable upon completion of thirty years of service.\n d. Vesting. 1. A participant in the twenty-year retirement program\nwho:\n (i) discontinues city-service and service as a member of the uniformed\nforce of the New York city department of sanitation, other than by death\nor retirement; and\n (ii) prior to such discontinuance, completed five but less than twenty\nyears of allowable service in the uniformed sanitation force; and\n (iii) has paid, prior to such discontinuance, all additional member\ncontributions and interest (if any) required by subdivision e of this\nsection; and\n (iv) does not withdraw in whole or in part his or her accumulated\nmember contributions pursuant to section six hundred thirteen of this\narticle unless such participant thereafter returns to public service and\nrepays the amounts so withdrawn, together with interest, pursuant to\nsuch section six hundred thirteen of this article; shall be entitled to\nreceive a deferred vested benefit as provided in this subdivision.\n 2. (i) Upon such discontinuance under the conditions and in compliance\nwith the provisions of paragraph one of this subdivision, such deferred\nvested benefit shall vest automatically.\n (ii) Such vested benefit shall become payable on the earliest date on\nwhich such discontinued member could have retired for service if such\ndiscontinuance had not occurred.\n 3. Such deferred vested benefit shall be a pension consisting of:\n (i) an amount equal to two and one-half percent of such discontinued\nmember's final average salary, multiplied by the number of years of\nallowable service in the uniformed sanitation force credited to such\ndiscontinued member on the date of such discontinuance; plus\n (ii) an amount for each year, or fraction thereof, of credited service\nother than allowable service in the uniformed sanitation force equal to\none percent of his or her final compensation.\n e. Additional member contributions. 1. In addition to the member\ncontributions required by section six hundred thirteen of this article,\neach participant in the twenty-year retirement program shall contribute\nto the retirement system of which he or she is a member (subject to the\napplicable provisions of section 13-125.1 of the administrative code) an\nadditional five and thirty-five one-hundredths percent of his or her\ncompensation earned from all allowable service in the uniformed\nsanitation force rendered on and after the starting date of the\ntwenty-year retirement program. A participant in the twenty-year\nretirement program shall contribute additional member contributions only\nuntil he or she has twenty years of allowable service in the uniformed\nsanitation force.\n 2. (i) Commencing with the payroll period which begins on the starting\ndate of the twenty-year retirement program (for a person who elects to\nbecome a participant prior to such starting date), or commencing with\nthe first full payroll period after a person becomes such a participant\n(for a person who becomes a participant on or after such starting date),\nadditional member contributions at the rate specified in paragraph one\nof this subdivision shall be deducted (subject to the applicable\nprovisions of section 13-125.1 of the administrative code) from the\ncompensation of such participant on each and every payroll of such\nparticipant for each and every payroll period.\n (ii) (A) Where any additional member contributions required by\nparagraph one of this subdivision are not paid by deductions from a\nparticipant's compensation pursuant to subparagraph (i) of this\nparagraph because such contributions are for service rendered in a\npayroll period prior to the actual commencement of deductions pursuant\nto such subparagraph (i), such amounts shall be paid by deductions from\nthe compensation of such participant pursuant to item (B) of this\nsubparagraph.\n (B) Commencing with the payroll period in which deductions of\nadditional member contributions from a participant's compensation are\nbegun pursuant to subparagraph (i) of this paragraph, in addition to\nsuch deductions required by such subparagraph (i), there shall be\nanother deduction of additional member contributions made from the\ncompensation of such participant at the rate specified in paragraph one\nof this subdivision (subject to the applicable provisions of section\n13-125.1 of the administrative code) on each and every payroll period\nuntil the total amount of unpaid additional member contributions\ndescribed in item (A) of this subparagraph, if any, has been paid by\ndeductions from compensation pursuant to this subparagraph.\n 3. (i)(A) Where any additional member contributions required by\nparagraph one of this subdivision are not paid by deductions from a\nparticipant's compensation pursuant to paragraph two of this\nsubdivision, that participant shall be charged with a contribution\ndeficiency consisting of such unpaid amounts, together with such\ninterest thereon as required by subparagraph (ii) of this paragraph,\ncompounded annually.\n (B) Except as provided in subparagraph (ii) of this paragraph, no\nparticipant shall be required to pay any interest on his or her\ncontribution deficiency.\n (ii)(A) Should any person who, pursuant to paragraph eight of this\nsubdivision, has withdrawn any additional member contributions (and any\ninterest paid thereon) again become a participant in the twenty-year\nretirement program pursuant to paragraph six of subdivision b of this\nsection, an appropriate amount shall be included in such participant's\ncontribution deficiency (including interest thereon as calculated\npursuant to item (B) of this subparagraph) as if such additional\ncontributions had never been made.\n (B) Interest on the amounts of additional member contributions\nincluded in a participant's contribution deficiency pursuant to item (A)\nof this subparagraph shall be calculated as if such additional member\ncontributions had never been paid by a participant, and such interest\nshall accrue from the end of the payroll period to which an amount of\nadditional member contributions is attributable, until such amount is\npaid to the retirement system.\n (C) The rate of interest to be applied to each such amount during the\nperiod for which interest accrues on that amount shall be five percent\nper annum, compounded annually.\n 4. A participant, while he or she is a New York city sanitation\nmember, shall pay the total amount of his or her contribution deficiency\nto the retirement system in accordance with payment procedures which\nshall be established by the executive director of the retirement system,\nand approved by the board of trustees of the retirement system.\n 5. Where a contribution deficiency chargeable to a participant\npursuant to paragraph three of this subdivision has not been paid in\nfull before the effective date of retirement, that participant shall not\nbe eligible to retire pursuant to subdivision c of this section.\n 6. Where a contribution deficiency chargeable to a participant\npursuant to paragraph three of this subdivision has not been paid in\nfull before the date of discontinuance of service, that participant\nshall not be entitled to a deferred vested benefit pursuant to\nsubdivision d of this section.\n 7. Where a participant has not paid in full any contribution\ndeficiency chargeable to him or her pursuant to paragraph three of this\nsubdivision, and a benefit, other than a refund of member contributions\npursuant to section six hundred thirteen of this article or a refund of\nadditional member contributions pursuant to paragraph eight of this\nsubdivision, becomes payable under this article to the participant or to\nhis or her designated beneficiary or estate, the actuarial equivalent of\nany such unpaid amount shall be deducted from the benefit otherwise\npayable.\n 8. (i) Such additional member contributions (and any interest thereon)\nshall be paid into the contingent reserve fund of the retirement system\nof which the participant is a member and shall not for any purpose be\ndeemed to be member contributions or accumulated contributions of a\nmember under section six hundred thirteen of this article or otherwise\nwhile he or she is a participant in the twenty-year retirement program\nor otherwise, except that, a surplus of such additional member\ncontributions that are paid into the retirement system's contingent\nreserve fund may be used for the sole purpose of offsetting a deficit of\nbasic member contributions.\n (ii) (A) Should a participant in the twenty-year retirement program\nwho has rendered less than fifteen years of allowable service in the\nuniformed sanitation force cease to hold a position in the uniformed\nforce of the New York city department of sanitation for any reason\nwhatsoever, his or her accumulated additional member contributions made\npursuant to this subdivision (together with any interest thereon paid to\nthe retirement system) may be withdrawn by him or her pursuant to\nprocedures promulgated in regulations of the board of trustees of the\nretirement system, together with interest thereon at the rate of five\npercent per annum, compounded annually.\n (B) Upon the death of a participant in the twenty-year retirement\nprogram, there shall be paid to such person as he or she has nominated\nor shall nominate to receive his or her accumulated member contributions\nby written designation duly executed and filed with the retirement\nsystem during the lifetime of such participant, or, to his or her estate\nif no such person is nominated, his or her accumulated additional member\ncontributions made pursuant to this subdivision (including any interest\nthereon paid to the retirement system), together with interest thereon\nat the rate of five percent per annum, compounded annually.\n (iii) Except as provided in subparagraph (ii) of this paragraph, no\nmember while he or she is a participant or otherwise, shall have a right\nto withdraw such additional member contributions or an interest thereon\nfrom the retirement system.\n 9. No member of a public retirement system shall be permitted to\nborrow any portion of the additional member contributions (including any\ninterest paid thereon by the participant) which are subject to this\nsubdivision.\n