2006 New York Code - Special Provisions Applicable To Health Insurance And Welfare Benefit Fund Coverage For Certain Members Of City Retirement Systems.

 
    §  12-126.1  Special  provisions  applicable  to  health insurance and
  welfare benefit fund coverage for certain  members  of  city  retirement
  systems.  a.  Definitions. The following terms, as used in this section,
  shall have the following meanings, unless a different meaning is plainly
  required by the context:
    (1) "NYCERS former fractional plan member". A member of the  New  York
  city  employees'  retirement  system  who, pursuant to the provisions of
  subdivision m of section 13-162 of the code, is deemed to  have  elected
  to  become  a  career  pension  plan  member  (as defined in subdivision
  forty-six of section 13-101 of the code), and who currently  is  such  a
  career          pension         plan         member         or         a
  fifty-five-year-increased-service-fraction   member   (as   defined   in
  subdivision fifty-one of section 13-101 of the code).
    (2)  "BERS  former  fractional  plan member". A member of the board of
  education retirement system of the city of New York who, pursuant to the
  provisions  of  paragraph  (g)  of  subdivision  eighteen   of   section
  twenty-five hundred seventy-five of the education law, is deemed to have
  elected  to become a career pension plan member (as defined in paragraph
  twenty-eight of section  two  of  the  rules  and  regulations  of  such
  retirement  system),  and  who  currently  is such a career pension plan
  member  or  a  fifty-five-year-increased-service-fraction   member   (as
  defined  in  paragraph  thirty-one  of  section  two  of  such rules and
  regulations).
    (3) "Health insurance and welfare benefits fund surcharge". An amount,
  expressed  as  a  percentage  of  salary,  specified  in  a   collective
  bargaining  agreement  (or other similar instrument) between the city of
  New York (or the board of  education  of  the  city)  and  the  employee
  organization or organizations representing NYCERS former fractional plan
  members  or  BERS former fractional plan members in which it is provided
  that such members shall  absorb  the  additional  health  insurance  and
  welfare  benefit fund increases caused by the enactment of subdivision m
  of section 13-162 of the code and paragraph (g) of subdivision  eighteen
  of section twenty-five hundred seventy-five of the education law.
    b.  Commencing  with  the first full payroll period which begins after
  October first, nineteen hundred ninety-three, the salary of each  NYCERS
  former  fractional  plan  member  and  each  BERS former fractional plan
  member shall be reduced by  the  amount  of  the  health  insurance  and
  welfare benefits fund surcharge on each and every payroll of such member
  for each and every payroll period.
    c.  The commissioner of labor relations shall promulgate rules for the
  appropriate administration of this section.
    d. Any salary reduction effectuated pursuant to subdivision b of  this
  section shall be considered part of such member's salary for the purpose
  of  computing  employer  and  employee  pension  contributions  and  all
  retirement  benefits  administered  by  the  New  York  city  employees'
  retirement  system  or  the  board of education retirement system of the
  city of New York.