2006 New York Code - Minimum Service Retirement Benefits For Certain Sanitation Department Employees In Cities And Who Are Members Of Pension Or Retirement Systems Maintai

 
    § 16-c. Minimum  service  retirement  benefits  for certain sanitation
  department employees in  cities  and  who  are  members  of  pension  or
  retirement  systems  maintained  by  such cities. 1. For the purposes of
  this section the uniformed force of a city department of  sanitation  or
  similar   department   or   agency   shall   be  deemed  to  consist  of
  sanitationman,  assistant  foreman,  foreman,  district  superintendent,
  senior    superintendent,    supervising    superintendent,    principal
  superintendent, city superintendent, director of operations and  general
  superintendent.
    2.  Notwithstanding  the  provisions  of any general, special or local
  law, charter or administrative code to the contrary, and in lieu of  any
  lesser amount otherwise prescribed, any person:
    (a)  who  is  a  member  of  the  uniformed force of the department of
  sanitation or similar department or agency of a city, and is a member of
  a pension or retirement system maintained by such city; and
    (b) who, by reason of a plan or option selected by  him  or  otherwise
  made  applicable  to  him  pursuant  to or by the administrative code or
  charter  or  other  local  provisions  of  law  governing  the  rate  of
  contribution  and  eligibility for service retirement of members of such
  uniformed force who are  members  of  such  city-maintained  pension  or
  retirement system:
    (1)  is  required  to  make  contributions  to  such  system at a rate
  calculated on the basis of a  service-fraction  of  not  less  than  one
  one-hundredth of his final compensation under such system; and
    (2)  is  eligible  for  retirement  for  service  upon completion of a
  minimum of twenty-five years of service in such  uniformed  force  as  a
  member of such system; and
    (c)  who  has  completed at least twenty-five years of service in such
  uniformed force as a member of such system;
    shall, upon retirement for service, receive, on account of  the  first
  twenty-five  years  of  service  in  such  uniformed force, a pension or
  retirement allowance which shall, subject  to  the  provisions  of  this
  section,  be equal to one-half of his annual salary or compensation when
  so retired.
    3. Where a city-maintained  pension  or  retirement  system  for  such
  members  of  such uniformed force of such city provides, upon retirement
  for service, for a retirement allowance consisting of a pension (with or
  without a pension for-increased-take-home-pay) plus an annuity which  is
  the  actuarial  equivalent  of the member's accumulated contributions or
  accumulated deductions at the time of his retirement, then in that event
  there shall be added by the city, whenever required, a  further  pension
  of  such  amount  which,  together  with  the member's annuity, shall be
  sufficient to provide him with a retirement allowance equal to  one-half
  of  his  annual  salary or compensation when so retired. For the purpose
  only of determining the amount of the additional  pension  contributions
  by the city that may be required, the member's annuity, if any, shall be
  computed,  as  it  would be, (a) if it were not reduced by the actuarial
  equivalent of any outstanding loan, (b) if it were not increased by  the
  actuarial equivalent of any additional contributions, (c) if it were not
  reduced  by  reason  of  the  member's  election to decrease his annuity
  contributions in order to apply the amount of such reduction in  payment
  of  his  contributions for old-age and survivors insurance coverage, (d)
  as it would be without any optional modification.
    4.  Where  additional  retirement  benefits  are  payable  under   the
  city-maintained  pension  or retirement system, such additional benefits
  shall be paid, for service in addition to and in excess  of  twenty-five
  years  of  service,  in  addition  to  the  minimum  retirement benefits
  required to be paid by this section.
    5. The provisions of this section shall not apply to  members  of  the
  New York state employees' retirement system.