2006 New York Code - Transfer Of Retirement System Membership Of Certain Fire Marshals.

 
    *  § 13-145.1 Transfer of retirement system membership of certain fire
  marshals. a. Any member of the retirement system who serves in the  fire
  department  of  the city as a fire marshal (uniformed), supervising fire
  marshal (uniformed), deputy chief fire marshal (uniformed) or chief fire
  marshal (uniformed) may transfer his membership in the retirement system
  to the pension fund maintained pursuant to  subchapter  two  of  chapter
  three  of  this  title by filing with the board, prior to January first,
  nineteen hundred eighty-seven, a written application, duly executed  and
  acknowledged, requesting such transfer.
    b.  Upon  the  filing of such application, the retirement system shall
  transfer to the retirement allowance  accumulation  fund  of  such  fire
  department  pension  fund, subchapter two, in the manner provided for in
  section forty-three of the  retirement  and  social  security  law,  the
  reserve on the benefits allowable to such member as a result of employer
  contributions,  including  the  reserve-for-increased-take-home-pay.  In
  addition, the retirement system shall thereupon transfer the accumulated
  deductions of such member (as they would be in the absence  of  a  loan,
  less  the  unpaid  balance  of  any outstanding loan) to such retirement
  allowance accumulation  fund,  after  deducting  from  such  accumulated
  deductions,  as  so computed, all regular interest which, if such member
  had not elected to transfer his membership would constitute  a  part  of
  the  accumulated  deductions  of  such  member,  as they would be in the
  absence of a loan. The amount of interest so deducted shall be paid into
  the contingent reserve fund of the retirement system  and  shall  become
  the property of such system.
    c. Any such transferred member:
    (1)  shall  be  deemed  to  have  been a member of the fire department
  pension fund, subchapter two, during  the  period  wherein  he  rendered
  credited  service, after last becoming a member of the retirement system
  in one or more of the positions in  the  fire  department  mentioned  in
  subdivision a of this section; and
    (2)   shall,  for  purposes  of  benefit,  but  not  for  purposes  of
  eligibility for benefit, be credited  in  the  fire  department  pension
  fund,  subchapter two, with all service which (i) prior to such transfer
  was rendered by him in any position other than the  positions  mentioned
  in  subdivision  a  of this section, and (ii) was credited to him in the
  retirement system after his last entry into membership in such system.
    d. The rate of contribution of any member who elects such transfer  of
  membership shall, on and after the date of the filing of his application
  therefor, be that (before any reduction in rate of contribution to which
  such  member, after such election, may be entitled by reason of any plan
  for pensions providing-for-increased-take-home-pay) at  which  he  would
  have been contributing on such date to the fire department pension fund,
  subchapter two, if:
    (1)  he  had  been  appointed a fireman on the earliest date on which,
  after last becoming a member of the retirement system, he began  service
  in  one of the positions in the fire department mentioned in subdivision
  a of this section; and
    (2) he had then elected to become a  member  of  the  fire  department
  pension fund, subchapter two; and
    (3)  he  had  then  elected,  as  his  minimum  period  of service for
  retirement, the minimum period elected by him pursuant to section 13-350
  of this title upon the transfer  of  his  membership  pursuant  to  this
  section.
    e. (1) Notwithstanding the provisions of subdivision b of this section
  relating  to a transfer of reserve-for-increased-take-home-pay, any such
  transferred member shall not be entitled,  on  the  date  on  which  his
  application      for      a      transfer     is     filed,     to     a


  reserve-for-increased-take-home-pay which is  greater  than  the  amount
  which  such  reserve  would have equalled if he had been a member of the
  fire department pension fund, subchapter two, during the  entire  period
  of  fire  department service mentioned in paragraph one of subdivision c
  of this section.
    (2)  Any  amount  by  which  the   reserve-for-increased-take-home-pay
  transferred  with  respect  to  any  such transferred member pursuant to
  subdivision  b  of  this  section  exceeds   the   maximum   amount   of
  reserve-for-increased-take-home-pay  prescribed  with  respect  to  such
  member by paragraph one of this subdivision e shall become the  property
  of the fire department pension fund, subchapter two.
    f. With respect to each member who elects such transfer of membership,
  a comparison shall be made between:
    (1)  the total amount of the member contributions actually made by him
  as required contributions, from the date mentioned in paragraph  one  of
  subdivision  d  of  this  section  up  to  the  date  of commencement of
  deductions from his compensation at the required  rate  of  contribution
  prescribed by such subdivision d; and
    (2)  the  total  amount  of the required member contributions which he
  would have made with respect to the period mentioned in paragraph one of
  this subdivision, if he  had  contributed  during  such  period  at  the
  required rate prescribed by such subdivision d.
    g.  (1)  If  the  total  amount  computed pursuant to paragraph one of
  subdivision f of this section is less than  the  total  amount  computed
  pursuant  to  paragraph  two  of  such  subdivision f, such member shall
  contribute the amount of such deficiency, with regular interest thereon,
  to the appropriate fund of the fire department pension fund,  subchapter
  two, by deductions from his compensation at a rate elected by him, which
  shall  not  be less than five percent of his compensation. The actuarial
  equivalent of any balance of such deficiency which remains unpaid at the
  time any benefit under such pension fund may become payable to  or  with
  respect  to  such  member  shall  be deducted from the benefit otherwise
  payable.
    (2) If  the  total  amount  computed  pursuant  to  paragraph  one  of
  subdivision  f  of  this  section is more than the total amount computed
  pursuant to paragraph two of such subdivision  f,  the  amount  of  such
  excess  shall  be  refunded  to him by the fire department pension fund,
  subchapter two, without interest.
    h. In any case where, at the time when any such member seeks  to  file
  such  an  application  for  transfer  of  membership,  any  part  of the
  principal or interest with respect to  any  loan  made  by  such  member
  pursuant  to section 13-140 of this chapter remains unpaid, he shall not
  have the right to  make  such  election  unless  he  shall  execute  and
  acknowledge, and file with the board, a written agreement providing that
  from  and  after  the execution of such agreement all of his obligations
  and rights with respect to the principal and interest  remaining  unpaid
  on  such  loan shall be covered by section 13-342 of this title and that
  the terms and conditions of such loan may be changed or modified by  the
  board  of  trustees of the fire department pension fund, subchapter two,
  with respect to any principal thereof  and  interest  thereon  remaining
  unpaid,  so  as to conform with the provisions of such section 13-342 of
  this title.
    i. Any member who elects such transfer of  membership  may,  prior  to
  certification of his rate of contribution prescribed by subdivision d of
  this  section,  make  the  election  of  a minimum period of service for
  retirement provided for by section 13-350 of this title.
    j. Any member who elects such transfer of membership shall be  subject
  to   mandatory  retirement  upon  attainment  of  age  sixty-five  under


  subdivision a of section 15-121 of the code in the same  manner  as  any
  other member of the uniformed force who is not a medical officer.
 
    * NB Added Ch. 823/85 § 1, language juxtaposed per Ch. 907/85 § 14
    * NB Number supplied by the Legislative Bill Drafting Commission