2006 New York Code - Special Provisions Applicable To Health Insurance And Welfare Benefit Fund Coverage For Certain Correction Officers And Sanitation Workers.

 
    §  12-126.2  Special  provisions  applicable  to  health insurance and
  welfare benefit  fund  coverage  for  certain  correction  officers  and
  sanitation workers. 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) "RSSL". The New York state retirement and social security law.
    (2)  "Tier II member". A member of a retirement system or pension fund
  maintained by the city who is  subject  to  the  provisions  of  article
  eleven of the RSSL.
    (3) "Tier III member". A member of a retirement system or pension fund
  maintained  by  the  city  who  is  subject to the provisions of article
  fourteen of the RSSL.
    (4) "Tier IV member". A member of a retirement system or pension  fund
  maintained  by  the  city  who  is  subject to the provisions of article
  fifteen of the RSSL.
    (5) "Tier II or tier III correction officer participant  in  a  twenty
  year  retirement program." A tier II or tier III member of the uniformed
  correction force who is a  participant  in  the  twenty-year  retirement
  program established pursuant to (A) section four hundred forty-five-a of
  the  RSSL  or  (B)  section four hundred forty-five-c of the RSSL or (C)
  section five hundred four-a of the RSSL  or  (D)  section  five  hundred
  four-b of the RSSL.
    (6) "Tier II or tier IV sanitation worker participant in a twenty-year
  retirement  program." A tier II or tier IV member of the uniformed force
  of the New York city department of sanitation who is  a  participant  in
  the twenty-year improved benefit retirement program established pursuant
  to  section  four  hundred  forty-five-b  of  the  retirement and social
  security law or is a participant in the twenty-year  retirement  program
  established pursuant to section six hundred four-a of the retirement and
  social security law.
    (7) "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  and  the  employee organization or organizations representing
  tier II and tier III correction officer participants  in  a  twenty-year
  retirement  program or tier II or tier IV sanitation worker participants
  in a twenty-year retirement program in which it is  provided  that  such
  participants  shall  absorb  the additional health insurance and welfare
  benefit fund increases caused by the enactment of section  four  hundred
  forty-five-a  of  the  retirement  and social security law, section four
  hundred forty-five-b of the retirement and social security law,  section
  four  hundred  forty-five-c  of  the retirement and social security law,
  section five hundred four-a of the retirement and social  security  law,
  section  five  hundred  four-b of the retirement and social security law
  and section six hundred four-a of the  retirement  and  social  security
  law.
    (8)  "Starting  date." The first day of the first whole payroll period
  commencing after the date which is thirty days after the effective  date
  of this section.
    b.  Effective  as  of  the starting date, the salary of any tier II or
  tier III correction officer  participant  in  a  twenty-year  retirement
  program  or  any  tier  II or tier IV sanitation worker participant in a
  twenty-year retirement program 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  participant's  final  average
  salary  for  the  purpose  of  computing  employer  and employee pension
  contributions and all retirement benefits administered by any retirement
  system  or  plan  to which the city of New York contributes on behalf of
  said such participant. However, this subdivision  shall  in  no  way  be
  construed   to   supersede  the  provisions  of  sections  four  hundred
  thirty-one, five hundred twelve and six hundred eight of the  retirement
  and  social  security  law  or  any other similar provision of law which
  limits the salary base for computing retirement benefits  payable  by  a
  public retirement system.