2006 New York Code - Termination Of Membership; Transfer To Fire Department Pension Fund Subchapter Two.

 
    §  13-144  Termination  of  membership;  transfer  to  fire department
  pension fund subchapter two. a. (1) Any member  of  the  New  York  city
  employees'  retirement  system may transfer his or her credit therein to
  the fire department pension fund  provided  for  in  subchapter  two  of
  chapter  three  of  this  title  upon  attaining membership in said fire
  department pension fund. Any person heretofore a member of the New  York
  city   employees'   retirement   system  whose  membership  therein  was
  terminated by such member attaining membership in said  fire  department
  pension  fund  and who has not withdrawn his or her contributions to the
  New York city employees' retirement system may similarly transfer his or
  her credit to the said fire department pension fund.
    (2) Subject to the provisions of paragraph four of  this  subdivision,
  upon  the  request  of  such member or person for the transfer of credit
  within one year after  attaining  membership  in  said  fire  department
  pension fund or within one year after April fourteenth, nineteen hundred
  sixty  the  actuary  of  the  New York city employees' retirement system
  shall determine the reserve on the benefits allowable to such member  or
  person   as   the   result  of  employer  contributions,  including  the
  reserve-for-increased-take-home-pay,  as  though  he  or  she  had   not
  discontinued  membership,  in  the  same  manner  as provided in section
  forty-three of the retirement and social security law.  Subject  to  the
  provisions  of  paragraph  four  of this subdivision, such reserve shall
  thereupon be transferred from the contingent reserve  fund  of  the  New
  York city employees' retirement system and the accumulated deductions of
  such  member  or  person shall thereupon be transferred from the annuity
  savings fund of the New York city employees' retirement  system  to  the
  appropriate  funds  of  the said fire department pension fund within one
  year from the date of such request.
    (3) Subject to the provisions of subdivision b  of  this  section,  no
  member  of  the  said fire department pension fund shall be eligible for
  retirement for  service  until  such  member  has  served  in  the  fire
  department  for  a  minimum  period  of  twenty  or  twenty-five  years,
  according to the minimum period for retirement elected  by  such  member
  prior to the certification of his or her rate of contribution.
    (4)   Notwithstanding   the   provisions  of  paragraph  two  of  this
  subdivision, with respect to transfers pursuant to  this  section  which
  occur  on  or after the effective date of this paragraph, the actuary of
  the New York city employees' retirement system shall not be required  to
  determine  the  reserve  on  the  benefits allowable to the transferring
  member  as  the  result  of  employer   contributions,   including   the
  reserve-for-increased-take-home-pay,  and  the transfer of such reserve,
  including the reserve-for-increased-take-home-pay,  from  the  New  York
  city  employees'  retirement system to said fire department pension fund
  shall not be required. The New York city employees'  retirement  system,
  within one year from the date of the request for the transfer of credit,
  shall  comply  with all requirements for completing the transfer imposed
  on it by the provisions of this  section.  Nothing  set  forth  in  this
  paragraph  shall  be  deemed  to  modify  the  requirement  set forth in
  paragraph two of this subdivision that  the  New  York  city  employees'
  retirement  system  transfer  to  said  fire department pension fund the
  accumulated deductions of such member.
    b. (1) Subject to the provisions of paragraph two of this  subdivision
  b,  any  period  of  allowable  service  in the uniformed transit police
  force, uniformed  correction  force,  housing  police  service  and  the
  uniformed  force  of  the department of sanitation immediately preceding
  service in the uniformed force of the fire department, credit for  which
  period  of immediately preceding allowable service was or is transferred
  pursuant to subdivision a of this section, shall be deemed to be service


  in  the  uniformed  force  of  the  fire  department  for  purposes   of
  eligibility  for  benefits and to determine the amount of benefits under
  the fire department pension fund.
    (2)  In  any  case  where,  by  reason  of credit for such immediately
  preceding service, the date  of  completion  of  such  member's  minimum
  period  for  service  retirement  under the fire department pension fund
  became or becomes earlier than such date would be  if  such  credit  for
  such immediately preceding service had not been so acquired, there shall
  be effected with respect to such member:
    (a)  such  increase  in  such  member's  normal  rate of contribution,
  effective as of the date on which such member became  a  member  of  the
  fire  department  pension  fund,  as  may  be  necessary to reflect such
  earlier date of eligibility for service retirement; and
    (b) the charging of such member who acquired or acquires  such  credit
  for   such  immediately  preceding  service  with  a  contribution  rate
  deficiency:
    (i) which shall accrue from the date on which such member last  became
  a member of the fire department pension fund; and
    (ii)  which  shall  be  in  such amount as shall be the product of the
  increase provided in subparagraph (a) of  this  paragraph  two  and  the
  member's  compensation during the period of time provided in item (i) of
  this subparagraph (b); and
    (iii) which, unless paid by such member in such  manner  as  shall  be
  prescribed  by rules and regulations adopted by the board of trustees of
  such pension fund,  shall  require  an  appropriate  adjustment  of  any
  benefit which may become payable to or on account of such member.
    (3)  Nothing  contained  in  paragraph two of this subdivision b shall
  cause a member who acquires or acquired credit for a period of allowable
  service in any  such  uniformed  force  or  service  by  reason  of  the
  provisions of paragraph one of this subdivision to be denied:
    (a)  the  right  or  entitlement,  if  any,  to  terminate  or  reduce
  contributions to such fire department pension fund or to a refund of  or
  credit for contributions paid during a period when the member would have
  been  entitled  to terminate or reduce such contributions if such member
  had such service credit on the date when he or she last became a  member
  of such fire department pension fund; or
    (b)  any  other  right, benefit or entitlement of a similarly situated
  member of such fire department pension fund  with  equal  total  service
  credit  consisting  only  of  service in the uniformed force of the fire
  department, provided that the foregoing  provisions  of  this  paragraph
  three  shall  not  be  construed  in  a  manner  inconsistent  with  the
  provisions of paragraph two of this subdivision b.