There is a newer version of the New York Consolidated Laws
2006 New York Code - Pensions For Increased-take-home-pay.
§ 13-152 Pensions for increased-take-home-pay. a. 1. The board of
estimate, by resolution adopted prior to June first, nineteen hundred
sixty, may elect that the provisions of paragraph one of subdivision c
and subdivisions g, h and i of this section shall be applicable to and
for the benefit of all other-than-authority members except those to whom
such provisions are made inapplicable by or pursuant to the provisions
of paragraph two of this subdivision.
2. In the event that the board of estimate adopts such a resolution in
accordance with the provisions of paragraph one of this subdivision, the
provisions of paragraph one of subdivision c and subdivisions g, h and i
of this section shall, on the date on which such paragraph one of
subdivision c becomes operative, become applicable to and for the
benefit of all other-than-authority members except:
(i) all such members included within the correction service of the
classification of the city civil service commission; and
(ii) any other such members whom the board of estimate, in its
discretion, designates for exclusion from the applicability of such
provisions in such resolution or in any other resolution to that effect
adopted by such board prior to June first, nineteen hundred sixty.
3. On and after June first, nineteen hundred sixty, the board of
estimate may not exclude from the applicability of subdivisions c, g, h
and i of this section, any other-than-authority member as to whom an
election of applicability is in effect on such date or thereafter under
the provisions of paragraph one, two or four of this subdivision.
4. The board of estimate, by adopting a resolution or resolutions
prior to the date on which the provisions of subdivision c of this
section cease to be operative, may elect that the provisions of
subdivisions c, g, h and i of this section shall be applicable to and
for the benefit of any other-than-authority members excluded pursuant to
the provisions of subparagraph (ii) of paragraph two of this
subdivision. In the event of the adoption of any such resolution before
the provisions of paragraph one of subdivision c of this section become
operative, the provisions of such paragraph one and of subdivisions g, h
and i of this section shall become applicable to and for the benefit of
such members on the date on which such paragraph one becomes operative.
In the event of the adoption of any such resolution after the provisions
of such paragraph one become operative, the provisions of paragraph two
of subdivision c of this section and of subdivisions g, h and i of this
section shall become applicable to and for the benefit of such members
on the date of the commencement of the payroll period beginning next
after the date of the adoption of such resolution.
b. 1. The triborough bridge and tunnel authority, the New York city
housing authority, and the New York city transit authority, may, with
the approval of the board of estimate, each separately elect prior to
June first, nineteen hundred sixty, that the provisions of paragraph one
of subdivision c and subdivisions g, h and i of this section shall apply
to and for the benefit of all members who are officers or employees of
the authority making such election, other than any such members to whom
such provisions are made inapplicable pursuant to the provisions of
paragraph two of this subdivision. Such election shall be made by
adoption of a resolution to that effect by the authority, prior to such
date, with the approval of the board of estimate granted prior to such
date.
2. In the event that any such authority adopts such a resolution with
the approval of the board of estimate pursuant to the provisions of
paragraph one of this subdivision, the provisions of paragraph one of
subdivision c and subdivisions g, h and i of this section shall, on the
date on which such paragraph one of subdivision c becomes operative,
become applicable to and for the benefit of all members who are officers
or employees of such authority, except any such members whom such
authority, in its discretion and with the approval of the board of
estimate, designates for exclusion from the applicability of such
provisions in such resolution or in any other resolution to that effect
adopted by such authority and approved by the board of estimate prior to
June first, nineteen hundred sixty.
3. On and after June first, nineteen hundred sixty, no such authority
making such an election nor the board of estimate may exclude from the
applicability of the provisions of subdivisions c, g, h and i of this
section, any member who is an officer or employee of such authority and
as to whom an election of applicability is in effect on that date under
the provisions of paragraphs one and two of this subdivision.
4. Any such authority making such an election pursuant to the
provisions of paragraphs one and two of this subdivision, may by
adopting a resolution or resolutions and obtaining the approval thereof
by the board of estimate prior to the date on which the provisions of
subdivision c of this section cease to be operative, elect that the
provisions of subdivisions c, g, h and i of this section shall be
applicable to and for the benefit of any members who are officers or
employees of such authority and who were excluded pursuant to the
provisions of paragraph two of this subdivision. In the event that
approval of any such resolution is granted by the board of estimate
before the provisions of paragraph one of subdivision c of this section
become operative, the provisions of such paragraph one and of
subdivisions g, h and i of this section shall become applicable to and
for the benefit of such members on the date on which such paragraph one
becomes operative. In the event that the approval of any such resolution
is granted by the board of estimate after the provisions of such
paragraph one become operative, the provisions of paragraph two of
subdivision c of this section and of subdivisions g, h and i of this
section shall become applicable to and for the benefit of such members
on the date of the commencement of the payroll period beginning next
after the date of the adoption of such resolution.
c. 1. Beginning with the payroll period the first day of which is
nearest to July first, nineteen hundred sixty and ending with the
payroll period immediately prior to that the first day of which is
nearest to June thirtieth, nineteen hundred sixty-one, the contribution
of each member originally entitled to a reduced rate for the first year,
exclusive of any increase in such contribution pursuant to subdivisions
d, e, f and g of section 13-125 of this chapter or any reduction thereof
pursuant to subdivision one of section one hundred thirty-eight-b of the
retirement and social security law, shall be reduced by two and one-half
per centum of the compensation of such member.
2. Beginning with the payroll period the first day of which occurs
next after the date on which the board of estimate adopts a resolution
pursuant to paragraph four of subdivision a of this section or grants
its approval of a resolution pursuant to paragraph four of subdivision b
of this section, as the case may be, with respect to any member
subsequently entitled to a reduced rate for the first year, and ending
with the payroll period immediately prior to that the first day of which
is nearest to June thirtieth, nineteen hundred sixty-one, the
contribution of such member, exclusive of any increase in such
contribution pursuant to subdivisions d, e, f and g of section 13-125 of
this chapter or any reduction thereof pursuant to subdivision one of
section one hundred thirty-eight-b of the retirement and social security
law, shall be reduced by two and one-half per centum of the compensation
of such member.
3. Where a member's rate of contribution, exclusive of any increase
thereof pursuant to subdivisions d, e, f and g of section 13-125 of this
chapter or any reduction thereof pursuant to subdivision one of section
one hundred thirty-eight-b of the retirement and social security law,
and before reduction thereof pursuant to the provisions of paragraph one
or two of this subdivision, is equal to or less than two and one-half
per centum, such rate shall be discontinued.
d. 1. The board of estimate, by resolution adopted prior to June
first, nineteen hundred sixty-one, may elect that the provisions of
paragraph one of subdivision f and subdivisions g, h and i of this
section shall be applicable to all other-than-authority members except
those to whom such provisions are made inapplicable by or pursuant to
the provisions of paragraph two of this subdivision.
2. In the event that the board of estimate adopts such a resolution in
accordance with the provisions of paragraph one of this subdivision, the
provisions of paragraph one of subdivision f and subdivisions g, h and i
of this section shall, on the date on which such paragraph one of
subdivision f becomes operative, become applicable to and for the
benefit of all other-than-authority members except any such members whom
the board of estimate, in its discretion, designates for exclusion from
the applicability of such provisions in such resolution or in any other
resolution to that effect adopted by such board prior to June first,
nineteen hundred sixty-one.
3. On and after June first, nineteen hundred sixty-one, the board of
estimate may not exclude from the applicability of subdivisions f, g, h
and i of this section, any other-than-authority member as to whom an
election of applicability is in effect on such date or thereafter under
the provisions of paragraph one, two or four of this subdivision.
4. The board of estimate, by adopting a resolution or resolutions
prior to the date on which the provisions of subdivision f of this
section cease to be operative, may elect that the provisions of
subdivisions f, g, h and i of this section shall be applicable to and
for the benefit of any other-than-authority members excluded pursuant to
the provisions of paragraph two of this subdivision. In the event of the
adoption of any such resolution before the provisions of paragraph one
of subdivision f of this section become operative, the provisions of
such paragraph one and of subdivisions g, h and i of this section shall
become applicable to and for the benefit of such members on the date on
which such paragraph one becomes operative. In the event of the adoption
of any such resolution after the provisions of such paragraph one become
operative, the provisions of paragraph two of subdivision f of this
section and of subdivisions g, h and i of this section shall become
applicable to and for the benefit of such members on the date of the
commencement of the payroll period beginning next after the date of the
adoption of such resolution.
5. In making an election pursuant to the provisions of paragraphs one
and two of this subdivision, the board of estimate shall designate a
reduced-rate-of-contribution factor to be used in computing the
reduction in the contributions of other-than-authority members who are
entitled to such reduction under the provisions of this subdivision and
subdivision f of this section. Such factor shall be two and one-half per
centum or five per centum, whichever such board, in its discretion,
shall designate in the resolution making such election. Such factor
shall not be changed after it has been designated in such resolution.
e. 1. The triborough bridge and tunnel authority, the New York city
housing authority, and the New York city transit authority, may, with
the approval of the board of estimate, each separately elect prior to
June first, nineteen hundred sixty-one, that the provisions of paragraph
one of subdivision f and subdivisions g, h and i of this section shall
apply to all members who are officers or employees of the authority
making such election, other than any such members to whom such
provisions are made inapplicable pursuant to the provisions of paragraph
two of this subdivision. Such election shall be made by adoption of a
resolution to that effect by the authority, prior to such date, with the
approval of the board of estimate granted prior to such date.
2. In the event that any such authority adopts such a resolution with
the approval of the board of estimate pursuant to the provisions of
paragraph one of this subdivision, the provisions of paragraph one of
subdivision f and subdivisions g, h and i of this section shall, on the
date on which such paragraph one of subdivision f becomes operative,
become applicable to and for the benefit of all members who are officers
or employees of such authority, except any such members whom such
authority, in its discretion and with the approval of the board of
estimate, designates for exclusion from the applicability of such
provisions in such resolution or in any other resolution to that effect
adopted by such authority and approved by the board of estimate prior to
June first, nineteen hundred sixty-one.
3. On and after June first, nineteen hundred sixty-one, neither any
such authority making such an election nor the board of estimate may
exclude from the applicability of the provisions of subdivisions f, g, h
and i of this section, any member who is an officer or employee of such
authority and as to whom an election of applicability is in effect on
that date under the provisions of paragraphs one and two of this
subdivision.
4. Any such authority making such an election pursuant to the
provisions of paragraphs one and two of this subdivision, may by
adopting a resolution or resolutions and obtaining the approval thereof
by the board of estimate prior to the date on which the provisions of
subdivision f of this section cease to be operative, elect that the
provisions of subdivisions f, g, h and i of this section shall be
applicable to and for the benefit of any members who are officers or
employees of such authority and who were excluded pursuant to the
provisions of paragraph two of this subdivision. In the event that
approval of any such resolution is granted by the board of estimate
before the provisions of paragraph one of subdivision f of this section
become operative, the provisions of such paragraph one and of
subdivisions g, h and i of this section shall become applicable to and
for the benefit of such members on the date on which such paragraph one
becomes operative. In the event that the approval of any such resolution
is granted by the board of estimate after the provisions of such
paragraph one become operative, the provisions of paragraph two of
subdivision f of this section and of subdivisions g, h and i of this
section shall become applicable to and for the benefit of such members
on the date of the commencement of the payroll period beginning next
after the date of the adoption of such resolution.
5. In making an election pursuant to the provisions of paragraphs one
and two of this subdivision, any such authority shall, with the approval
of the board of estimate, designate a reduced-rate-of-contribution
factor to be used in computing the reduction in the contributions of
members who are officers or employees of such authority and who are
entitled to such reduction under the provisions of this subdivision and
subdivision f of this section. Such factor shall be two and one-half per
centum or five per centum, whichever such authority, in its discretion,
shall designate with the approval of the board of estimate in the
resolution making such election. Such factor shall not be changed after
it has been designated in such resolution.
f. 1. Beginning with the payroll period the first day of which is
nearest to July first, nineteen hundred sixty-one, and ending with the
payroll period immediately prior to that the first day of which is
nearest to June thirtieth, nineteen hundred sixty-two, the contribution
of each member originally entitled to a reduced rate for the second
year, exclusive of any increase in such contribution pursuant to
subdivisions d, e, f and g of section 13-125 of this chapter or any
reduction thereof pursuant to subdivision one of section one hundred
thirty-eight-b of the retirement and social security law, shall be
reduced by an amount obtained by multiplying the compensation of such
member by the reduced-rate-of-contribution factor applicable to such
member under the provisions of paragraph five of subdivisions d and e of
this section.
2. Beginning with the payroll period the first day of which occurs
next after the date on which the board of estimate adopts a resolution
pursuant to paragraph four of subdivision d of this section or grants
its approval of a resolution pursuant to paragraph four of subdivision b
of this section, as the case may be, with respect to each member
subsequently entitled to a reduced rate for the second year, and ending
with the payroll period immediately prior to that the first day of which
is nearest to June thirtieth, nineteen hundred sixty-two, the
contribution of such member, exclusive of any increase in such
contribution pursuant to subdivisions d, e, f and g of section 13-125 of
this chapter or any reduction thereof pursuant to subdivision one of
section one hundred thirty-eight-b of the retirement and social security
law, shall be reduced by an amount obtained by multiplying the
compensation of such member by the reduced-rate-of-contribution factor
applicable to such member under the provisions of paragraph five of
subdivisions d and e of this section.
3. Where a member's rate of contribution, exclusive of any increase
thereof pursuant to subdivisions d, e, f and g of section 13-125 of this
chapter or any reduction thereof pursuant to subdivision one of section
one hundred thirty-eight-b of the retirement and social security law,
and before reduction thereof pursuant to the provisions of paragraph one
or two of this subdivision, is equal to or less than the
reduced-rate-of-contribution factor applicable to such member, such rate
shall be discontinued.
g. 1. Any reduction or discontinuance of a member's contribution, as
the case may be, made pursuant to the provisions of this section, shall:
(i) Be subject to waiver by the member as provided in subdivision h of
section 13-125 of this chapter, and
(ii) take precedence over the member's privilege under subdivision one
of section one hundred thirty-eight-b of the retirement and social
security law, to decrease such member's annuity contribution for the
purpose of paying his or her contributions for old-age, survivors and
disability insurance coverage or the tax imposed upon him pursuant to
the federal insurance contributions act.
2. A member to whom or for whose benefit the provisions of subdivision
c or f of this section, or both, are applicable under the provisions of
subdivisions a, b, d and e of this section, or to whom or for whose
benefit the provisions of paragraph fourteen of subdivision j of this
section are applicable, or to whom or for whose benefit provisions
analogous to the provisions of paragraph fourteen of subdivision j of
this section are made applicable pursuant to subdivision m of this
section, and who waives any reduction or discontinuance of his or her
contribution under such subdivision c, f, j or m, shall be entitled to a
pension-providing-for-increased-take-home-pay and death benefits to the
same extent as if such waiver had not been made.
h. 1. With respect to each member to whom or for whose benefit the
provisions of subdivision c or f of this section, or both, are
applicable under the provisions of subdivisions a, b, d and e of this
section, or to whom or for whose benefit the provisions of paragraph
fourteen of subdivision j of this section are applicable, or to whom or
for whose benefit provisions analogous to the provisions of paragraph
fourteen of subdivision j of this section are made applicable pursuant
to subdivision m of this section, contributions shall be made with
respect to each period of such applicability to the contingent reserve
fund by the contributing agency, as required by subdivision i of this
section and by section 13-127 of this chapter, or shall be made to the
pension fund by the contributing agency as required by subdivision i of
this section and section 13-129 of this chapter, as the case may be, at
a rate fixed by the actuary which shall be computed to be sufficient to
provide the death benefit hereunder and the
pension-providing-for-increased-take-home-pay which are or may become
payable on account of such member.
2. Such a benefit and such a
pension-providing-for-increased-take-home-pay shall be based on a
reserved-for-increased-take-home-pay.
i. The contributions required to be made to the contingent reserve
fund or pension fund respectively under the provisions of subdivision h
of this section for the benefit of members mentioned in paragraph one of
such subdivision: (1) shall be paid into such funds with respect to such
members who are other-than-authority-or-public-benefit-corporation
members or correction members, by the obligor required by law to
contribute to the contingent reserve fund or pension fund respectively
for their pensions, and (2) shall be paid into such funds by the
employing authority or public benefit corporation with respect to such
members who are officers or employees of triborough bridge and tunnel
authority, the New York city housing authority, the New York city
transit authority, the New York city health and hospitals corporation,
the New York city off-track betting corporation and the New York city
housing development corporation.
j. Provisions relating to fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three. 1. Election of applicability as
to other-than-authority members. The board of estimate, by resolution
adopted prior to June first, nineteen hundred sixty-two, may elect that
the governing provisions of paragraph fourteen of this subdivision j and
the provisions of subdivisions g, h and i of this section shall be
applicable to and for the benefit of all other-than-authority members,
except those to whom such provisions are made inapplicable by or
pursuant to the provisions of paragraph two of this subdivision j.
2. Effect of election as to other-than-authority members. If such
board adopts a resolution pursuant to the provisions of paragraph one of
this subdivision j, the governing provisions of paragraph fourteen of
this subdivision j and the provisions of subdivisions g, h and i of this
section shall be applicable to and for the benefit of all
other-than-authority members except those whom such board, in its
discretion, designates in such resolution or in any other resolution
adopted prior to June first, nineteen hundred sixty-two:
(i) as absolutely excluded from the applicability of such provisions;
and
(ii) as conditionally excluded from the applicability of such
provisions unless and until certain events specified in such resolution
shall be determined by such board to have occurred; provided that such
conditional exclusion shall be subject to the provisions of paragraphs
three and four of this subdivision j.
3. Determination of applicability as to other-than-authority members
conditionally excluded. If any other-than-authority members are
conditionally excluded by such board by any resolution adopted pursuant
to the provisions of paragraphs one and two of this subdivision j, and
such board shall determine by resolution adopted at any time
subsequently that the conditions prerequisite to applicability specified
in such resolution of conditional exclusion have been satisfied as to
any such members designated in such subsequent resolution, the governing
provisions of paragraph fourteen of this subdivision j and the
provisions of subdivisions g, h and i of this section shall be
applicable to and for the benefit of such members so designated.
4. Election of applicability as to previously excluded
other-than-authority members. The board of estimate, by adopting a
resolution or resolutions at any time prior to the first day of the
payroll period, the first day of which is nearest to June thirtieth,
nineteen hundred sixty-three, may elect that the governing provisions of
such paragraph fourteen and the provisions of subdivisions g, h and i of
this section shall be applicable to and for the benefit of any
other-than-authority members excluded absolutely or conditionally
pursuant to the provisions of paragraph two of this subdivision. In the
event of the adoption of any such resolution, the governing provisions
of such paragraph fourteen and the provisions of subdivisions g, h and i
of this section shall be applicable to and for the benefit of such
members.
5. Prohibition against later exclusion of other-than-authority
members. (i) Where an election has been made at any time pursuant to
any of the provisions of paragraphs one, two and four of this
subdivision j, that the governing provisions of paragraph fourteen of
this subdivision j and the provisions of subdivisions g, h and i of this
section shall be applicable to and for the benefit of any
other-than-authority members, such board may not, after the making of
such election, exclude any such member from the applicability of such
provisions of such paragraph fourteen and the provisions of such
subdivisions g, h and i, unless such exclusion is effected by resolution
adopted prior to June first, nineteen hundred sixty-two.
(ii) Where any members have been conditionally excluded from the
applicability of the governing provisions of such paragraph fourteen and
the provisions of such subdivisions g, h and i, pursuant to the
provisions of paragraphs one and two of this subdivision j, such board
may not thereafter absolutely exclude any such member from the
applicability of such provisions of such paragraph fourteen and such
subdivisions g, h and i, unless such absolute exclusion is effected by
resolution adopted prior to June first, nineteen hundred sixty-two.
6. Designation of reduced-rate-of-contribution factor or factors as to
other-than-authority members. In any resolution making an election of
applicability pursuant to any of the provisions of paragraphs one, two
and four of this subdivision, such board shall designate the
reduced-rate-of-contribution factor or factors to be used in computing
the reduction in the contributions of other-than-authority members who
are entitled to such reduction by reason of such election. With respect
to any such member or any group of such members, such factor shall be
two and one-half per centum or five per centum, whichever such board, in
its discretion, shall designate as applicable to such member or group of
members, provided that any such factor designated with respect to any
such member or group of members shall be the same throughout the period
of such applicability as to such member or group of members, as such
period is set forth in the governing provisions of subparagraphs (ii)
and (iii) of paragraph fourteen of this subdivision j. Such factor or
factors shall not be changed after the designation of same in any such
resolution.
7. Election of applicability as to authority members. The triborough
bridge and tunnel authority, the New York city housing authority and the
New York city transit authority, may, with the approval of the board of
estimate, each separately elect prior to June first, nineteen hundred
sixty-two that the governing provisions of paragraph fourteen of this
subdivision j and the provisions of subdivisions g, h and i of this
section shall apply to and for the benefit of all members who are
officers or employees of the authority making such election, other than
any such members to whom such provisions are made inapplicable by or
pursuant to the provisions of paragraph eight of this subdivision. Such
election shall be made by adoption of a resolution to that effect by the
authority, prior to such date, with the approval of such board granted
prior to such date.
8. Effect of election as to authority members. In the event that any
such authority adopts such a resolution with the approval of such board
pursuant to the provisions of paragraph seven of this subdivision j, the
governing provisions of paragraph fourteen of this subdivision j and the
provisions of subdivisions g, h, and i of this section shall be
applicable to and for the benefit of all members who are officers or
employees of such authority, except any such members whom such
authority, in its discretion and with the approval of the board of
estimate, designates in such resolution or in any other resolution to
that effect adopted by such authority and approved by such board prior
to June first, nineteen hundred sixty-two:
(i) as absolutely excluded from the applicability of such provisions;
or
(ii) as conditionally excluded from the applicability of such
provisions unless and until certain events specified in such resolution
shall be determined by such authority, with the approval of such board,
to have occurred; provided that such conditional exclusion shall be
subject to the provisions of paragraphs nine and ten of this subdivision
j.
9. Determination of applicability as to authority members
conditionally excluded. If any members are conditionally excluded by any
such authority, with the approval of such board, by any resolution
adopted pursuant to the provisions of paragraphs seven and eight of this
subdivision j, and such authority, with the approval of such board,
shall determine by any resolution adopted at any time subsequently that
the conditions prerequisite to applicability specified in such
resolution of conditional exclusion have been satisfied as to any such
members designated in such subsequent resolution, the governing
provisions of such paragraph fourteen and the provisions of subdivisions
g, h and i of this section shall be applicable to and for the benefit of
such members so designated.
10. Election of applicability as to previously excluded authority
members. Any such authority making such an election pursuant to the
provisions of paragraphs seven and eight of this subdivision, may, by
adopting a resolution or resolutions and obtaining the approval thereof
by such board prior to the first day of the payroll period, the first
day of which is nearest to June thirtieth, nineteen hundred sixty-three,
elect that the governing provisions of paragraph fourteen of this
subdivision j and the provisions of subdivisions g, h and i of this
section shall be applicable to and for the benefit of any members who
are officers or employees of such authority and who were excluded
absolutely or conditionally pursuant to the provisions of paragraphs
seven and eight of this subdivision j. In the event that approval of any
such resolution is granted by such board, the governing provisions of
such paragraph fourteen and the provisions of subdivisions g, h and i of
this section shall be applicable to and for the benefit of such members.
11. Prohibition against later exclusion of authority members. (i)
Where an election has been made at any time by any such authority, with
the approval of such board, pursuant to any of the provisions of
paragraphs seven, eight and ten of this subdivision j, that the
governing provisions of paragraph fourteen of this subdivision j and the
provisions of subdivisions g, h and i of this section shall be
applicable to and for the benefit of any officers or employees of any
such authority, neither such authority nor such board may, after the
making of such election, exclude any such officer or employee from the
applicability of such provisions of such paragraph fourteen and the
provisions of such subdivisions g, h and i, unless such exclusion is
effected by a resolution adopted by such authority and approved by such
board prior to June first, nineteen hundred sixty-two.
(ii) Where any officers or employees of any such authority have been
conditionally excluded from the applicability of the governing
provisions of such paragraph fourteen and the provisions of such
subdivisions g, h and i, pursuant to the provisions of paragraphs seven
and eight of this subdivision j, neither such board nor such authority
may thereafter absolutely exclude any such member from the applicability
of such provisions of such paragraph fourteen and of such subdivisions
g, h and i, unless such absolute exclusion is effected by a resolution
adopted by such authority and approved by such board prior to June
first, nineteen hundred sixty-two.
12. Designation of reduced-rate-of-contribution factor or factors as
to authority members. In any resolution making an election of
applicability pursuant to any of the provisions of paragraphs seven,
eight and ten of this subdivision j, any such authority shall, with the
approval of such board, designate the reduced-rate-of-contribution
factor or factors to be used in computing the reduction in contributions
of members who are officers or employees of such authority and who are
entitled to such reduction by reason of such election. With respect to
any such officer or employee or any group of such officers or employees,
such factor shall be two and one-half per centum or five per centum,
whichever such authority, in its discretion, shall with the approval of
such board, designate as applicable to such officer or employee or group
of such officers or employees, provided that any such factor designated
with respect to any such officer or employee or any group of such
officers or employees shall be the same throughout the period of
applicability as to such officer or employee or group of officers or
employees, as such period is set forth in the governing provisions of
subparagraphs (ii) and (iii) of paragraph fourteen of this subdivision
j. Such factor or factors shall not be changed after the designation of
same in any such resolution.
13. Optional period of retroactive applicability. (i) In any case
where an election of applicability is made with respect to
any-other-than-authority member or authority member or any group of any
such members pursuant to any of the preceding paragraphs of this
subdivision j, the board of estimate, or the authority, with the
approval of such board, as the case may be, may, in its or their
discretion, in the resolution effecting such election, further elect
that the contributions of such member or group of members shall be
reduced, in the amount or amounts specified in the governing provisions
of subparagraph (iv) of paragraph fourteen of this subdivision j, during
a period (hereinafter in this subdivision j referred to as "period of
retroactive applicability") prior to the first day of the full period of
applicability for the fiscal year nineteen hundred sixty-two--nineteen
hundred sixty-three (as such full period is defined in subparagraph (ii)
of such paragraph fourteen) or prior to the first day of the applicable
partial period of applicability for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three (as such partial period is
defined in subparagraph (iii) of such paragraph fourteen), as the case
may be. Such period of retroactive applicability shall extend over such
period as such board, or such authority with the approval of such board,
may in its or their discretion designate, provided that no such period
of retroactive applicability with respect to any such member or group of
members shall extend to a date earlier than the first day of the payroll
period, with respect to such member or group of members, the first day
of which is nearest to July first, nineteen hundred sixty.
(ii) Whenever an election of retroactive applicability is made
pursuant to the provisions of subparagraph (i) of this paragraph
thirteen, such board, or such authority with the approval of such board,
shall designate, in the resolution effecting such election, the
reduced-rate-of-contribution factor or factors to be used in computing
the reduction in the contributions of each member or group of members
benefited by such election. With respect to any such member or group of
members, such factor shall be two and one-half per centum or five per
centum for all or any part of such period of retroactive applicability,
whichever such board, or such authority with the approval of such board,
as the case may be, may designate, in its or their discretion, as
applicable to such member or group of members for the whole or any part
of such period. Such factor or factors shall not be changed after the
designation of same in such resolution.
(iii) Where an election of retroactive applicability with respect to
any member or group of members has been made pursuant to the preceding
provisions of this paragraph thirteen, the governing provisions of
paragraph fourteen of this subdivision j and the provisions of
subdivisions g, h and i of this subdivision j shall be applicable to and
for the benefit of such member or group of members.
14. Prescribed reduction in contributions. (i) Base for computing
reduction. The contributions of members to whom the provisions of this
paragraph fourteen are applicable by reason of an election or
determination of applicability made pursuant to any of the provisions of
the preceding paragraphs of this subdivision j (excluding from
consideration any increase in such contributions pursuant to any of the
provisions of subdivisions d, e, f and g of section 13-125 of this
chapter or any reduction thereof pursuant to subdivision one of section
one hundred thirty-eight-b of the retirement and social security law)
shall be reduced for the period or periods and to the extent hereinafter
provided in this paragraph fourteen.
(ii) Full period of applicability for the nineteen hundred
sixty-two--nineteen hundred sixty-three fiscal year. Subject to the
provisions of paragraph thirteen of this subdivision j, such reduction
shall be made, in the applicable amount or amounts specified in
subparagraph (iv) of this paragraph fourteen, during the period
(hereinafter in this subdivision j referred to as the "full period of
applicability for the nineteen hundred sixty-two--nineteen hundred
sixty-three fiscal year") from and including the payroll period, the
first day of which is nearest to July first, nineteen hundred sixty-two,
to and including the payroll period immediately prior to that the first
day of which is nearest to June thirtieth, nineteen hundred sixty-three,
with respect to each other-than-authority member and each authority
member:
(a) as to whom an election of applicability is made, prior to the
first day of the full period of applicability for the nineteen hundred
sixty-two--nineteen hundred sixty-three fiscal year, pursuant to any of
the provisions of paragraphs one, two, four, seven, eight and ten of
this subdivision j; or
(b) who was conditionally excluded from benefits under this
subdivision j pursuant to any of the provisions of paragraphs one, two,
seven and eight of this subdivision j and as to whom it has been
determined, pursuant to the provisions of paragraph three or nine of
this subdivision j, that the conditions precedent to the applicability
of this paragraph fourteen were satisfied prior to the first day of the
full period of applicability for the nineteen hundred
sixty-two--nineteen hundred sixty-three fiscal year.
(iii) Partial period of applicability for the nineteen hundred
sixty-two--nineteen hundred sixty-three fiscal year. (a) Such reduction
shall be made during the period specified in item (b) of this
subparagraph (iii), in the applicable amount or amounts specified in
subparagraph (iv) of this paragraph fourteen, with respect to each
other-than-authority member and each authority member:
(1) as to whom an election of applicability is made, pursuant to the
provisions of paragraph four or ten of this subdivision j, on or after
the first day of the full period of applicability for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three; or
(2) who was conditionally excluded from benefits under this
subdivision j pursuant to any of the provisions of paragraphs one, two,
seven and eight of this subdivision j and as to whom it has been
determined, pursuant to the provisions of paragraph three or nine of
this subdivision j, that the conditions precedent to the applicability
of this paragraph fourteen were satisfied on or after the first day of
the full period of applicability for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three.
(b) With respect to each member mentioned in item (a) of this
subparagraph (iii), the reduction prescribed in such item (a) shall be
made, subject to the provisions of paragraph thirteen of this
subdivision j, during a period (hereinafter in this subdivision j
referred to as a "partial period of applicability for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three") from and
including the payroll period next succeeding the date of the adoption of
the resolution of the board of estimate effecting the election of
applicability with respect to such member, or next succeeding the date
determined to be that on which the conditions precedent to applicability
with respect to such member were satisfied, as the case may be, to and
including the payroll period immediately prior to that, the first day of
which is nearest to June thirtieth, nineteen hundred sixty-three.
(iv) Amount of reduction. The amount of the reduction in the
contributions of each other-than-authority member or authority member
pursuant to the provisions of this paragraph fourteen shall be as
follows:
(a) In the case of each member entitled to a reduction during the full
period of applicability for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three, as specified in subparagraph
(ii) of this paragraph fourteen, or to a reduction during a partial
period of applicability for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three, as specified in subparagraph
(iii) of this paragraph fourteen, such amount with respect to such full
period or partial period, as the case may be, shall be the product
obtained by multiplying the compensation of such member during such full
period or partial period, as the case may be, by the
reduced-rate-of-contribution factor applicable to such member under the
provisions of paragraph six or twelve of this subdivision j.
(b) In the case of each member entitled to a reduction during a period
of retroactive applicability pursuant to an election made under the
provisions of paragraph thirteen of this subdivision j: (1) such amount,
with respect to such period, shall be the product obtained by
multiplying the compensation of such member during such period by the
reduced-rate-of-contribution factor applicable to such member for such
period under the provisions of such paragraph thirteen; or (2) if
different reduced-rate-of-contribution factors have been designated
pursuant to such provisions for different portions of such period, such
amount shall be the sum obtained by multiplying the compensation of such
member during each such portion by the reduced-rate-of-contribution
factor applicable thereto and by adding together the products resulting
from such multiplication.
k. Where a member's rate of contribution with respect to any period of
applicability of benefits or portion of such period under subdivision j
or m of this section, exclusive of any increase in such rate pursuant to
subdivisions d, e, f and g of section 13-125 of this chapter or any
reduction thereof pursuant to the provisions of subdivision one of
section one hundred thirty-eight-b of the retirement and social security
law, and before reduction thereof as prescribed by paragraph fourteen of
such subdivision j, or by a provision analogous to the provisions of
paragraph fourteen of subdivision j made applicable to such member
pursuant to subdivision m of this section, is equal to or less than the
reduced-rate-of-contribution-factor applicable to such period or portion
thereof with respect to such member, such rate shall be discontinued as
to such period or portion thereof.
m. Provisions relating to fiscal year nineteen hundred
sixty-three--nineteen hundred sixty-four and certain subsequent fiscal
years.
1. (a) Fiscal year nineteen hundred sixty-three--nineteen hundred
sixty-four. The mayor, by executive order, adopted prior to June first,
nineteen hundred sixty-three, may provide for a
pensions-providing-for-increased-take-home-pay plan for all
other-than-authority-members for the fiscal year nineteen hundred
sixty-three--nineteen hundred sixty-four analogous to that authorized
for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two. In putting into
effect and carrying out such plan, the mayor shall have powers analogous
to those granted to the board of estimate by subdivision j of this
section.
(b) Fiscal year nineteen hundred sixty-four--nineteen hundred
sixty-five. The mayor, by executive order, adopted prior to June first,
nineteen hundred sixty-four, may provide for a
pensions-providing-for-increased-take-home-pay plan for all
other-than-authority-members for the fiscal year nineteen hundred
sixty-four--nineteen hundred sixty-five analogous to that authorized for
such members for the fiscal year nineteen hundred sixty-three--nineteen
hundred sixty-four by chapter five hundred eighteen of the laws of
nineteen hundred sixty-three. In putting into effect and carrying out
such plan, the mayor shall have powers analogous to those granted to the
board of estimate by subdivision j of this section.
(c) Fiscal year nineteen hundred sixty-five--nineteen hundred
sixty-six. The mayor, by executive order adopted prior to June
nineteenth, nineteen hundred sixty-five, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority members for the fiscal year nineteen hundred
sixty-five--nineteen hundred sixty-six analogous to that authorized for
such members for the fiscal year nineteen hundred sixty-two--nineteen
hundred sixty-three by chapter seven hundred eighty-seven of the laws of
nineteen hundred sixty-two, provided, however, that any such plan which
may be so provided for members of the uniformed force of the department
of sanitation, as defined in subdivision a of section 13-154 of this
chapter, shall designate a reduced-rate-of-contribution factor of two
and one-half per centum. In putting into effect and carrying out such
plan, the mayor shall have powers analogous to those granted to the
board of estimate by subdivision j of this section. For the purpose of
carrying out the provisions of this subparagraph (c), wherever the words
"June first" appear in such subdivision j, such words shall be deemed to
be and to mean June nineteenth.
(d) Fiscal year nineteen hundred sixty-six--nineteen hundred
sixty-seven. The mayor, by executive order adopted prior to June
nineteenth, nineteen hundred sixty-six, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority members for the fiscal year nineteen hundred
sixty-six--nineteen hundred sixty-seven analogous to that authorized for
such members for the fiscal year nineteen hundred sixty-two--nineteen
hundred sixty-three by chapter seven hundred eighty-seven of the laws of
nineteen hundred sixty-two, provided, however, that any such plan which
may be so provided for members of the uniformed force of the department
of sanitation, as defined in subdivision a of section 13-154 of this
chapter, shall designate a reduced-rate-of-contribution factor of two
and one-half per centum. In putting into effect and carrying out such
plan, the mayor shall have powers analogous to those granted to the
board of estimate by subdivision j of this section. For the purpose of
carrying out the provisions of this subparagraph (d), wherever the words
"June first" appear in such subdivision j, such words shall be deemed to
be and to mean June nineteenth.
(e) Fiscal year nineteen hundred sixty-seven--nineteen hundred
sixty-eight. The mayor, by executive order adopted prior to June
seventeenth, nineteen hundred sixty-seven, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority members for the fiscal year nineteen hundred
sixty-seven--nineteen hundred sixty-eight analogous to that authorized
for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two, provided,
however, that any such plan which may be so provided for members of the
uniformed force of the department of sanitation, as defined in
subdivision a of section 13-154 of this chapter, shall designate a
reduced-rate-of-contribution factor of two and one-half per centum. In
putting into effect and carrying out such plan, the mayor shall have
powers analogous to those granted to the board of estimate by
subdivision j of this section. For the purpose of carrying out the
provisions of this subparagraph (e), wherever the words "June first"
appear in such subdivision j, such words shall be deemed to be and to
mean June seventeenth.
(f) Additional provisions relating to the period June first, nineteen
hundred sixty-eight through June thirtieth, nineteen hundred sixty-eight
for sanitation workers.
The mayor, by executive order adopted prior to June first, nineteen
hundred sixty-eight, may amend the
pensions-providing-for-increased-take-home-pay plan authorized by
subparagraph (e) of this subdivision m to provide that such plan shall
designate a reduced rate of contribution factor of five percentum for
the period June first, nineteen hundred sixty-eight through June
thirtieth, nineteen hundred sixty-eight for members of the uniformed
force of the department of sanitation in the title of sanitation worker.
(g) Fiscal year nineteen hundred sixty-eight--nineteen hundred
sixty-nine. The mayor, by executive order adopted prior to June
seventeenth, nineteen hundred sixty-eight may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority members for the fiscal year nineteen hundred
sixty-eight--nineteen hundred sixty-nine analogous to that authorized
for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two, provided,
however that
(1) any such plan which may so be provided for such members other than
members of the uniformed force of the department of sanitation, as
defined in subdivision a of section 13-154 of this chapter, shall
designate a reduced-rate-of-contribution factor of four percentum. If a
bill entitled "An Act to amend the administrative code of the city of
New York and the military law, in relation to providing additional
right, privileges and benefits for members of the New York city
employees' retirement system and establishing an optional career pension
plan for certain of such members" is enacted into law, an election by a
member to become a career pension plan member or a
fifty-five-year-increased-service fraction member shall constitute a
waiver, with respect to any period as to which this Item (1) or any
subsequently enacted law authorizes a reduction of member contributions
under a plan for pension-providing-for-increased-take-home-pay, of any
and all claims for such member arising out of any consent determination
made under section two hundred twenty of the labor law to any reduction
of member contributions greater than that authorized as to such member
by this Item (1) or such law, as the case may be, with respect to the
period of reduction therein prescribed, and provided further, however,
that
(2) Any such plan which may be provided for members of the uniformed
force of the department of sanitation as defined in subdivision a of
section 13-154 of this chapter, except members in the title of
sanitation worker, shall designate a reduced-rate-of-contribution factor
of two and one-half per centum, and provided further, however, that
(3) any such plan which may be provided for members of the uniformed
force of the department of sanitation in the title of sanitation worker
shall designate a reduced-rate-of-contribution factor of five per
centum. In putting into effect and carrying out such plan, the mayor
shall have powers analogous to those granted to the board of estimate by
subdivision j, of this section. For the purpose of carrying out the
provisions of this subparagraph (g), wherever the words "June first"
appear in such subdivision j, such words shall be deemed to be and to
mean June seventeenth.
(h) Fiscal year nineteen hundred sixty-nine--nineteen hundred seventy.
The mayor, by executive order adopted prior to June sixteenth, nineteen
hundred sixty-nine, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority members for the fiscal year nineteen hundred
sixty-nine-nineteen hundred seventy analogous to that authorized for
such members for the fiscal year nineteen hundred sixty-two--nineteen
hundred sixty-three by chapter seven hundred eighty-seven of the laws of
nineteen hundred sixty-two, provided, however that
(1) any such plan which may be provided for such members other than
members of the uniformed force of the department of sanitation, as
defined in subdivision a of section 13-154 of this chapter, shall
designate a reduced-rate-of-contribution factor of four percentum. An
election by a member to become a career pension plan member or a
fifty-five-year-increased-service-fraction member shall constitute a
waiver, with respect to any period as to which this item (1) or any
subsequently enacted law authorizes a reduction of member contributions
under a plan for pension-providing-for-increased-take-home-pay, of any
and all claims by such member arising out of any consent determination
made under section two hundred twenty of the labor law to any reduction
of member contributions greater than that authorized as to such member
by this Item (1) or such law, as the case may be, with respect to the
period of reduction therein prescribed, and provided further, however,
that
(2) Any such plan which may be provided for members of the uniformed
force of the department of sanitation as defined in subdivision a of
section 13-154 of this chapter, except members in the title of
sanitation worker, shall designate a reduced-rate-of-contribution factor
of two and one-half per centum, and provided further, however, that
(3) any such plan which may be provided for members of the uniformed
force of the department of sanitation in the title of sanitation worker
shall designate a reduced-rate-of-contribution factor of five percentum.
(4) In putting into effect and carrying out such plan, the mayor shall
have powers analogous to those granted to the board of estimate by
subdivision j of this section. For the purpose of carrying out the
provisions of this subparagraph (h), wherever the words "June first"
appear in such subdivision j, such words shall be deemed to be and to
mean June sixteenth.
(i) Fiscal year nineteen hundred seventy-nineteen hundred seventy-one.
The mayor, by executive order adopted prior to June sixteenth, nineteen
hundred seventy, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority members for the fiscal year nineteen hundred
seventy-nineteen hundred seventy-one analogous to that authorized for
such members for the fiscal year nineteen hundred sixty-two--nineteen
hundred sixty-three by chapter seven hundred eighty-seven of the laws of
nineteen hundred sixty-two, provided, however, that:
(1) any such plan which may be provided for such members other than
sanitation members (as defined in subdivision sixty-four of section
13-101 of this chapter) shall designate a reduced-rate-of-contribution
factor of four percentum. An election by a member to become a career
pension plan member or a fifty-five-year-increased-service-fraction
member shall constitute a waiver, with respect to any period as to which
this item one or any subsequently enacted law authorizes a reduction of
member contributions under a plan for
pensions-providing-for-increased-take-home-pay, of any and all claims by
such member, arising out of any consent determination made under section
two hundred twenty of the labor law, to any reduction of member
contributions greater than that authorized as to such member by this
item one or such law, as the case may be, with respect to the period of
reduction therein prescribed, and provided further, however, that
(2) subject to the provisions of item three of this subparagraph i,
any such plan which may be provided for sanitation members, except
members in the title of sanitation worker, shall designate a
reduced-rate-of-contribution factor of two and one-half per centum from
and including the payroll period, the first day of which is nearest to
October first, nineteen hundred sixty-eight to and including the payroll
period immediately prior to that, the first day of which is nearest to
June thirtieth, nineteen hundred seventy, and provided further, however,
that
(3) any reduction made pursuant to item two of this subparagraph i
shall be in addition to any reduction made during the period mentioned
in such item two pursuant to item two of subparagraph h of paragraph one
of this subdivision m and item two of subparagraph g of such paragraph
one. The amount of any reduction made pursuant to item two of this
subparagraph i in the contribution of any such member for such portion
of the period mentioned in such item two as precedes the payroll period,
the first day of which is nearest to July first, nineteen hundred
seventy shall be refunded without interest unless such reduction has
been waived pursuant to subdivision g of this section, and provided
further, however, that
(4) any such plan which may be provided for the fiscal year nineteen
hundred seventy--nineteen hundred seventy-one for sanitation members
shall designate a reduced-rate-of-contribution factor of five percentum.
(5) In putting into effect and carrying out such plan, the mayor shall
have powers analogous to those granted to the board of estimate by
subdivision j of this section. For the purpose of carrying out the
provisions of this subparagraph (i), wherever the words "June first"
appear in such subdivision j, such words shall be deemed to be and to
mean June sixteenth.
(j) Fiscal year nineteen hundred seventy-one--nineteen hundred
seventy-two. (1) Subject to the provisions of the succeeding items of
this subparagraph (j), the mayor, by executive order adopted prior to
the date forty-five days after the adjournment of the regular session of
the legislature in nineteen hundred seventy-one, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority-or-public-benefit-corporation members for the
fiscal year nineteen hundred seventy-one--nineteen hundred seventy-two
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two.
(2) In the event that a bill entitled "An act to amend the
administrative code of the city of New York and chapter eight hundred
seventeen of the laws of nineteen hundred sixty-nine, entitled, 'An act
to amend the administrative code of the city of New York, in relation to
providing additional rights, privileges and benefits for members of the
New York city employees' retirement system who are career pension plan
members or fifty-five-year-increased-service-fraction members, and for
certain beneficiaries of such system', in relation to establishing a new
career pension plan for certain members of the New York city employees'
retirement system" is enacted into law, any such plan which may be
provided pursuant to item one of this subparagraph (j):
(a) shall apply to sanitation members (as defined in subdivision
sixty-four of section 13-101 of this chapter) who have elected the
benefits of section 13-160 of this chapter or who, pursuant to section
13-154 of this chapter, are members of a retirement plan permitting
retirement upon completion of twenty-five years of allowable service in
the uniformed force of the department of sanitation (as defined in
subdivision a of section 13-154 of this chapter); and
(b) shall not apply to any
other-than-authority-or-public-benefit-corporation members other than
the sanitation members mentioned in subitem (a) of this item two.
(3) Any such plan which may be provided pursuant to items one and two
of this subparagraph (j) for the sanitation members designated in such
item two shall prescribe as to such members a
reduced-rate-of-contribution factor of five per centum.
(4) In the event that the bill referred to in item two of this
subparagraph (j) is not enacted into law:
(a) any plan which may be provided pursuant to item one of this
subparagraph (j) for other-than-authority-or-public-benefit-corporation
members who are not sanitation members shall designate a
reduced-rate-of-contribution factor of four per centum; and
(b) any such plan which may be provided for sanitation members shall
designate as to such members a reduced-rate-of-contribution factor of
five per centum.
(5) In putting into effect and carrying out any plan pursuant to the
applicable provisions of the preceding items of this subparagraph (j),
the mayor shall have powers analogous to those granted to the board of
estimate by subdivision j of this section. For the purpose of carrying
out the provisions of the preceding items of this subparagraph (j),
wherever the words "June first" appear in such subdivision j, such words
shall be deemed to be and to mean the date forty-five days after the
adjournment of the regular session of the legislature in nineteen
hundred seventy-one.
(6) Nothing contained in the preceding items of this subparagraph (j)
shall be construed as impairing or affecting any rights with respect to
a pensions-providing-for-increased-take-home-pay plan which may be
acquired by a correction member (as defined in subdivision forty of
section 13-101 of this chapter) pursuant to paragraph two of subdivision
i of section 13-155 of this chapter and paragraph seven of subdivision a
of section 13-226 of this title.
(k) Fiscal year nineteen hundred seventy-two--nineteen hundred
seventy-three. (1) Subject to the provisions of the succeeding items of
this subparagraph (k), the mayor, by executive order adopted prior to
the date forty-five days after the adjournment of the regular session of
the legislature in nineteen hundred seventy-two or June seventeenth of
such year, whichever is later, may provide for a
pensions-providing-for-increased-take-home-pay plan for
other-than-authority-or-public-benefit-corporation members (as defined
in subdivision twenty-one of section 13-101 of this chapter) for the
fiscal year nineteen hundred seventy-two--nineteen hundred seventy-three
analogous to that authorized for other-than-authority members for the
fiscal year nineteen hundred sixty-two--nineteen hundred sixty-three by
chapter seven hundred eighty-seven of the laws of nineteen hundred
sixty-two.
(2) Any such plan which may be provided pursuant to item one of this
subparagraph (k) for sanitation members (as defined in subdivision
sixty-four of section 13-101 of this chapter) shall prescribe a
reduced-rate-of-contribution factor of five per centum with respect to
sanitation members.
(3) In the event that a bill entitled "An act to amend the
administrative code of the city of New York and chapter eight hundred
seventeen of the laws of nineteen hundred sixty-nine, entitled 'An act
to amend the administrative code of the city of New York, in relation to
providing additional rights, privileges and benefits for members of the
New York city employees' retirement system who are career pension plan
members or fifty-five-year-increased-service-fraction members, and for
certain beneficiaries of such system', in relation to establishing a new
career pension plan for certain members of the New York city employees'
retirement system" is enacted into law, no plan shall be provided
pursuant to item one of this subparagraph (k) with respect to any
other-than-authority-or-public-benefit-corporation members who are not
sanitation members.
(4) In the event that such bill referred to in item three of this
subparagraph (k) is not enacted into law, any such plan which may be
provided pursuant to item one of this subparagraph (k) for
other-than-authority-or-public-benefit-corporation members who are not
sanitation members shall prescribe a reduced-rate-of-contribution factor
of four per centum with respect to such
other-than-authority-or-public-benefit-corporation members who are not
sanitation members.
(5) In putting into effect and carrying out any plan pursuant to the
applicable provisions of the preceding items of this subparagraph (k),
the mayor shall have powers analogous to those granted to the board of
estimate by subdivision j of this section. For the purpose of carrying
out the provisions of the preceding items of this subparagraph (k),
wherever the words "June first" appear in such subdivision j, such words
shall be deemed to be and to mean the date forty-five days after the
adjournment of the regular session of the legislature in nineteen
hundred seventy-two or June seventeenth of such year, whichever is
later.
(6) Pursuant to paragraph two of subdivision i of section 13-155 of
this chapter, correction members (as defined in subdivision forty of
section 13-101 of this chapter), shall be subject to the provisions of
paragraph eight of subdivison a of section 13-226 of this title.
2. (a) Fiscal year nineteen hundred sixty-three--nineteen hundred
sixty-four. The triborough bridge and tunnel authority, the New York
city housing authority and the New York city transit authority may each
separately provide, by resolution adopted by the authority and approved
by the mayor prior to June first, nineteen hundred sixty-three, for a
pensions-providing-for-increased-take-home-pay plan for all members who
are officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred sixty-three--nineteen hundred sixty-four
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two. In
putting into effect and carrying out such plan, each such authority and
the mayor, shall have powers analogous to those granted by subdivision j
of this section to each such authority and the board of estimate.
(b) Fiscal year nineteen hundred sixty-four--nineteen hundred
sixty-five. The triborough bridge and tunnel authority, the New York
city housing authority and the New York city transit authority may each
separately provide, by resolution adopted by the authority and approved
by the mayor prior to June first, nineteen hundred sixty-four, for a
pensions-providing-for-increased-take-home-pay plan for all members who
are officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred sixty-four--nineteen hundred sixty-five
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-three-nineteen hundred sixty-four by chapter five
hundred eighteen of the laws of nineteen hundred sixty-three. In putting
into effect and carrying out such plan, each such authority and the
mayor, shall have powers analogous to those granted by subdivision j of
this section to each such authority and the board of estimate.
(c) Fiscal year nineteen hundred sixty-five--nineteen hundred
sixty-six. The triborough bridge and tunnel authority, the New York
city housing authority and the New York city transit authority may each
separately provide, by reasolution adopted by the authority and approved
by the mayor prior to June nineteenth, nineteen hundred sixty-five, for
a pensions-providing-for-increased-take-home-pay plan for members who
are officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred sixty-five--nineteen hundred sixty-six,
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two. In
putting into effect and carrying out such plan, each such authority and
the mayor shall have powers analogous to those granted by subdivision j
of this section to each such authority and the board of estimate. For
the purpose of carrying out the provisions of this subparagraph (c),
wherever the words "June first" appear in such subdivision j, such words
shall be deemed to be and to mean June nineteenth.
(d) Fiscal year nineteen hundred sixty-six--nineteen hundred
sixty-seven. The triborough bridge and tunnel authority, the New York
city housing authority and the New York city transit authority may each
separately provide, by resolution adopted by the authority and approved
by the mayor prior to June nineteenth, nineteen hundred sixty-six, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred sixty-six--nineteen hundred sixty-seven,
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two. In
putting into effect and carrying out such plan, each such authority and
the mayor shall have powers analogous to those granted by subdivision j
of this section to each such authority and the board of estimate. For
the purpose of carrying out the provisions of this subparagraph (d),
wherever the words "June first" appear in such subdivision j, such words
shall be deemed to be and to mean June nineteenth.
(e) Fiscal year nineteen hundred sixty-seven--nineteen hundred
sixty-eight. The triborough bridge and tunnel authority, the New York
city housing authority and the New York city transit authority may each
separately provide, by resolution adopted by the authority and approved
by the mayor prior to June seventeenth, nineteen hundred sixty-seven,
for a pensions-providing-for-increased-take-home-pay plan for members
who are officers or employees of the authority providing such plan, for
the fiscal year nineteen hundred sixty-seven--nineteen hundred
sixty-eight, analogous to that authorized for such members for the
fiscal year nineteen hundred sixty-two--nineteen hundred sixty-three by
chapter seven hundred eighty-seven of the laws of nineteen hundred
sixty-two. In putting into effect and carrying out such plan, each such
authority and the mayor shall have powers analogous to those granted by
subdivision j of this section to each such authority and the board of
estimate. For the purpose of carrying out the provisions of this
subparagraph (e), wherever the words "June first" appear in such
subdivision j, such words shall be deemed to be and to mean June
seventeenth.
(f) Fiscal year nineteen hundred sixty-eight--nineteen hundred
sixty-nine. (1) The triborough bridge and tunnel authority and the New
York city housing authority may each separately provide, by resolution
adopted by the authority and approved by the mayor prior to June
seventeenth, nineteen hundred sixty-eight, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred sixty-eight--nineteen hundred sixty-nine
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two,
provided, however, that any such plan shall designate a
reduced-rate-of-contribution factor of four percentum. In putting into
effect and carrying out such plan, each such authority and the mayor
shall have powers analogous to those granted by subdivision j of this
section to each such authority and the board of estimate. For the
purpose of carrying out the provisions of this item (1) wherever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean June seventeenth.
(2) Except for members who are officers and employees of the New York
city transit authority and who, if a bill entitled "An act to amend the
administrative code of the city of New York, in relation to service
retirement, vested retirement allowances and certain other benefits
under the New York city employees' retirement system, with respect to
certain officers and employees of the New York City Transit Authority"
is enacted into law,elect pursuant thereto a plan of retirement upon
completion of twenty years of service with a retirement allowance
payable at or after age fifty, the New York city transit authority may
provide by resolution adopted by the authority and approved by the mayor
prior to June seventeenth, nineteen hundred sixty-eight, for a
pensions-providing-for-increased-take-home-pay for members who are
officers and employees of the authority for the fiscal year nineteen
hundred sixty-eight--nineteen hundred sixty-nine, analogous to that
authorized for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two, provided,
however, that any such plan which may be provided for members who are
eligible for the benefits of the career pension plan if a bill entitled
"An act to amend the administrative code of the city of New York and the
military law, in relation to providing additional rights, privileges and
benefits for members of the New York city employees' retirement system
and establishing an optional career pension plan for certain of such
members" is enacted into law, regardless of whether such members elect
the benefits of such plan, shall designate a
reduced-rate-of-contribution factor of four per centum. In putting into
effect and carrying out such plan, the authority and the mayor shall
have powers analogous to those granted by subdivision j of this section
to the authority and the board of estimate. For the purpose of carrying
out the provisions of this item two, whenever the words "June first"
appear in such subdivision j, such words shall be deemed to be and to
mean June seventeenth.
(g) Fiscal year nineteen hundred sixty-nine--nineteen hundred seventy.
(1) The triborough bridge and tunnel authority and the New York city
housing authority may each separately provide, by resolution adopted by
the authority and approved by the mayor prior to June sixteenth,
nineteen hundred sixty-nine, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred sixty-nine--nineteen hundred seventy
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two,
provided, however, that any such plan shall designate a
reduced-rate-of-contribution factor of four percentum. In putting into
effect and carrying out such plan, each such authority and the mayor
shall have powers analogous to these granted by subdivision j of this
section to each such authority and the board of estimate. For the
purpose of carrying out the provisions of this item (1), wherever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean June sixteenth.
(2) (a) Except as otherwise provided in sub-item (b) of this item two,
the New York city transit authority may provide by resolution adopted by
the authority and approved by the mayor prior to June sixteenth,
nineteen hundred sixty-nine, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers and employees of the authority for the fiscal year nineteen
hundred sixty-nine--nineteen hundred seventy, analogous to that
authorized for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two, provided,
however, that any such plan which may be provided for members who are
career pension plan members or who are eligible to elect to become
career pension plan members, regardless of whether such members make
such election, shall designate a reduced-rate-of-contribution factor of
four percentum.
(b) No plan for pensions-providing-for-increased-take-home-pay shall
be provided under sub-item (a) of this item two with respect to any
officer or employee of such authority whose minimum period for service
retirement, pursuant to an election made under section 13-161 of this
chapter, is twenty years.
(c) In putting into effect and carrying out such plan authorized by
sub-item (a) of this item two, the authority and the mayor shall have
powers analogous to those granted by subdivision j of this section to
the authority and the board of estimate. For the purpose of carrying out
the provisions of this item two, whenever the words "June first" appear
in such subdivision j, such words shall be deemed to be and to mean June
sixteenth.
(h) Fiscal year nineteen hundred seventy--nineteen hundred
seventy-one. (1) The triborough bridge and tunnel authority and the New
York city housing authority may each separately provide, by resolution
adopted by the authority and approved by the mayor prior to June
sixteenth, nineteen hundred seventy, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers or employees of the authority providing such plan, for the
fiscal year nineteen hundred seventy--nineteen hundred seventy-one,
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two,
provided, however, that any such plan shall designate a
reduced-rate-of-contribution factor of four percentum. In putting into
effect and carrying out such plan, each such authority and the mayor
shall have powers analogous to those granted by subdivision j of this
section to each such authority and the board of estimate. For the
purpose of carrying out the provisions of this item one, wherever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean June sixteenth.
(2) (a) Except as otherwise provided in sub-item (b) of this item two,
the New York city transit authority may provide by resolution adopted by
the authority and approved by the mayor prior to June sixteenth,
nineteen hundred seventy, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers and employees of the authority, for the fiscal year nineteen
hundred seventy--nineteen hundred seventy-one, analogous to that
authorized for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two, provided,
however, that any such plan which may be provided for members who are
career pension plan members or who are eligible to elect to become
career pension plan members, regardless of whether such members make
such election, shall designate a reduced-rate-of-contribution factor of
four percentum.
(b) No plan for pensions-providing-for-increased-take-home-pay shall
be provided under sub-item (a) of this item two with respect to any
officer or employee of such authority whose minimum period for service
retirement, pursuant to an election made under section 13-161 of this
chapter, is twenty years.
(c) In putting into effect and carrying out such plan authorized by
sub-item (a) of this item two, the authority and the mayor shall have
powers analogous to those granted by subdivision j of this section to
the authority and the board of estimate. For the purpose of carrying out
the provisions of this item two, whenever the words "June first" appear
in such subdivision j, such words shall be deemed to be and to mean June
sixteenth.
(i) Fiscal year nineteen hundred seventy-one--nineteen hundred
seventy-two. (1) In the event that a bill entitled "An act to amend the
administrative code of the city of New York and chapter eight hundred
seventeen of the laws of nineteen hundred sixty-nine, entitled, 'An act
to amend the administrative code of the city of New York, in relation to
providing additional rights, privileges and benefits for members of the
New York city employees' retirement system who are career pension plan
members or fifty-five-year-increased-service-fraction members, and for
certain beneficiaries of such system', in relation to establishing a new
career pension plan for certain members of the New York city employees'
retirement system" is enacted into law, no plan for
pensions-providing-for-increased-take-home-pay shall be provided for the
fiscal year nineteen hundred seventy-one--nineteen hundred seventy-two
or any subsequent fiscal year for members who are officers or employees
of the triborough bridge and tunnel authority, the New York city housing
authority, the New York city health and hospitals corporation or the New
York city off-track betting corporation.
(2) Subject to the provisions of items three and four of this
subparagraph (i), in the event that the bill mentioned in item one of
this subparagraph (i) is not enacted into law, the triborough bridge and
tunnel authority, the New York city housing authority, the New York city
health and hospitals corporation and the New York city off-track betting
corporation may each separately provide, by resolution adopted by the
authority or corporation and approved by the mayor prior to the date
forty-five days after the adjournment of the regular session of the
legislature in nineteen hundred seventy-one, for a
pensions-providing-for-increased-take-home pay plan for members who are
officers or employees of the authority or corporation providing such
plan, for the fiscal year nineteen hundred seventy-one--nineteen hundred
seventy-two, analogous to that authorized by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two for the fiscal
year nineteen hundred sixty-two--nineteen hundred sixty-three with
respect to members who were officers or employees of such authorities.
(3) Any such plan which may be provided pursuant to item two of this
subparagraph (i) shall designate a reduced-rate-of-contribution factor
of four per centum.
(4) In putting into effect and carrying out such plan, each such
authority or corporation and the mayor shall have powers analogous to
those granted by subdivision j of this section to each such authority
and the board of estimate. For the purpose of carrying out the
provisions of items two and three of this subparagraph (i), wherever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean the date forty-five days after the adjournment
of the regular session of the legislature in nineteen hundred
seventy-one.
(5) In the event that the bill mentioned in item one of this
subparagraph (i) is enacted into law, no plan for
pensions-providing-for-increased-take-home-pay shall be provided for
members who are officers or employees of the New York city transit
authority for the fiscal year nineteen hundred seventy-one--nineteen
hundred seventy-two.
(6) Subject to the provisions of items seven, eight and nine of this
subparagraph (i), in the event that the bill mentioned in item one of
this subparagraph (i) is not enacted into law, the New York city transit
authority may provide by resolution adopted by the authority and
approved by the mayor prior to the date forty-five days after the
adjournment of the regular session of the legislature in nineteen
hundred seventy-one, for a
pensions-providing-for-increased-take-home-pay plan for members who are
officers and employees of the authority, for the fiscal year nineteen
hundred seventy-one--nineteen hundred seventy-two, analogous to that
authorized for such members for the fiscal year nineteen hundred
sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two.
(7) Any such plan which may be provided pursuant to item six of the
subparagraph (i) for members who are career pension plan members or who
are eligible to elect to become career pension plan members, regardless
of whether such members make such election, shall designate a
reduced-rate-of-contribution factor of four per centum.
(8) No plan shall be provided under item six of this subparagraph (i)
with respect to any officer or employee of such transit authority whose
minimum period for service retirement, pursuant to an election made
under section 13-161 of this chapter, is twenty years.
(9) In putting into effect and carrying out any such plan authorized
by items six and seven of this subparagraph (i), the authority and the
mayor shall have powers analogous to those granted by subdivision j of
this section to the authority and the board of estimate. For the purpose
of carrying out the provisions of such items six and seven, whenever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean the date forty-five days after the adjournment
of the regular session of the legislature in nineteen hundred
seventy-one.
(10) Nothing contained in any of the preceding items of this
subparagraph (i) shall be construed as impairing or affecting any rights
with respect to a pensions-providing-for-increased-take-home-pay plan
which may be acquired by a housing police member (as defined in
subdivision thirty-six of section 13-101 of this chapter) or by a
transit police member (as defined in subdivision thirty-two of section
13-101 of this chapter) pursuant to the applicable provisions of
paragraph two of subdivision i of section 13-156 of this chapter,
paragraph two of subdivision j of section 13-157 of this chapter and
paragraph seven of subdivision a of section 13-226 of this title.
(j) Fiscal year nineteen hundred seventy-two--nineteen hundred
seventy-three. (1) Subject to the provisions of item ten of this
subparagraph (j), in the event that a bill entitled "An act to amend the
administrative code of the city of New York and chapter eight hundred
seventeen of the laws of nineteen hundred sixty-nine, entitled, 'An act
to amend the administrative code of the city of New York, in relation to
providing additional rights, privileges and benefits for members of the
New York city employees' retirement system who are career pension plan
members or fifty-five-year-increased-service-fraction members, and for
certain beneficiaries of such system', in relation to establishing a new
career pension plan for certain members of the New York city employees'
retirement system", is enacted into law, no plan for
pensions-providing-for-increased-take-home-pay shall be provided for the
fiscal year nineteen hundred seventy-two--nineteen hundred seventy-three
or any subsequent fiscal year for members who are officers or employees
of the triborough bridge and tunnel authority, the New York city housing
authority, the New York city health and hospitals corporation, the New
York city off-track betting corporation or the New York city housing
development corporation.
(2) Subject to the provisions of items three, four and ten of this
subparagraph (j), in the event that the bill mentioned in item one of
this subparagraph (j) is not enacted into law, the triborough bridge and
tunnel authority, the New York city housing authority, the New York city
health and hospitals corporation, the New York city off-track betting
corporation and the New York city housing development corporation may
each separately provide, by resolution adopted by the authority or
corporation and approved by the mayor prior to the date forty-five days
after the adjournment of the regular session of the legislature in
nineteen hundred seventy-two or June seventeenth of such year, whichever
is later, for a pensions-providing-for-increased-take-home-pay plan for
members who are officers or employees of the authority or corporation
providing such plan, for the fiscal year nineteen hundred
seventy-two--nineteen hundred seventy-three analogous to that authorized
by chapter seven hundred eighty-seven of the laws of nineteen hundred
sixty-two for the fiscal year nineteen hundred sixty-two--nineteen
hundred sixty-three with respect to members who were officers or
employees of such authorities.
(3) Any such plan which may be provided pursuant to item two of this
subparagraph (j) shall designate a reduced-rate-of-contribution factor
of four per centum.
(4) In putting into effect and carrying out such plan, each such
authority or corporation and the mayor shall have powers analogous to
those granted by subdivision j of this section to each such authority
and the board of estimate. For the purposes of carrying out the
provisions of items two and three of this subparagraph (j), wherever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean the date forty-five days after the adjournment
of the regular session of the legislature in nineteen hundred
seventy-two or June seventeenth of such year, whichever is later.
(5) In the event that the bill mentioned in item one of this
subparagraph (j) is enacted into law, no plan for
pensions-providing-for-increased-take-home-pay shall be provided for the
fiscal year nineteen hundred seventy-two--nineteen hundred seventy-three
for members who are officers or employees of the New York city transit
authority; provided, however, that with respect to members who are
officers or employees of the transit authority and who hold transit
operating positions (as defined in subdivision sixty of section 13-101
of this chapter and who are not entitled to the benefits of the
twenty-year pension plan provided for by section 13-161 of this chapter
by reason of not having elected the benefits of section 13-161 of this
chapter, the transit authority may provide by resolution adopted by the
authority and approved by the mayor prior to the date forty-five days
after the adjournment of the regular session of the legislature in
nineteen hundred seventy-two or June seventeenth of such year, whichever
is later, for a pensions-providing-for-increased-take-home-pay plan for
the fiscal year nineteen hundred seventy-two--nineteen hundred
seventy-three, analogous to that authorized for the fiscal year nineteen
hundred sixty-two--nineteen hundred sixty-three by chapter seven hundred
eighty-seven of the laws of nineteen hundred sixty-two, with respect to
members who were officers or employees of the transit authority.
(6) Subject to the provisions of items seven, eight, nine and ten of
this subparagraph (j), in the event that the bill mentioned in item one
of this subparagraph (j) is not enacted into law, the New York city
transit authority may provide by resolution adopted by the authority and
approved by the mayor prior to the date forty-five days after the
adjournment of the regular session of the legislature in nineteen
hundred seventy-two or June seventeenth of such year, whichever is
later, for a pensions-providing-for-increased-take-home-pay plan for
members who are officers and employees of the authority, for the fiscal
year nineteeen hundred seventy-two--nineteen hundred seventy-three,
analogous to that authorized for such members for the fiscal year
nineteen hundred sixty-two--nineteen hundred sixty-three by chapter
seven hundred eighty-seven of the laws of nineteen hundred sixty-two.
(7) Any such plan which may be provided pursuant to item six of this
subparagraph (j) for members who hold career pension plan positions (as
defined in subdivision forty-seven of section 13-101 of this chapter)
shall designate a reduced-rate-of-contribution factor of four per
centum.
(8) No plan shall be provided under item six of this subparagraph (j)
with respect to any officer or employee of such transit authority whose
minimum period for service retirement, pursuant to an election made
under section 13-161 of this chapter, is twenty years.
(9) In putting into effect and carrying out any such plan authorized
by items six and seven of this subparagraph (j), the authority and the
mayor shall have powers analogous to those granted by subdivision j of
this section to the authority and the board of estimate. For the purpose
of carrying out the provisions of such items six and seven, whenever the
words "June first" appear in such subdivision j, such words shall be
deemed to be and to mean the date forty-five days after the adjournment
of the regular session of the legislature in nineteen hundred
seventy-two or June seventeenth of such year, whichever is later.
(10) Nothing contained in any of the preceding items of this
subparagraph (j) shall be construed as impairing or affecting any rights
with respect to a pensions-providing-for-increased-take-home-pay plan
which may be acquired by a housing police member (as defined in
subdivision thirty-six of section 13-101 of this chapter) or by a
transit police member (as defined in subdivision thirty-two of section
13-101 of this chapter) pursuant to the applicable provisions of
paragraph two of subdivision i of section 13-156 of this chapter,
paragraph two of subdivision j of section 13-157 of this chapter and
paragraph eight of subdivision a of section 13-226 of this title.
n. In any case where a plan for pensions-providing-for-increased-take-
home-pay provided pursuant to the provisions of subparagraph (j) of
paragraph one of subdivision m of this section or subparagraph (i) of
paragraph two of such subdivision m or any subsequently enacted law
prescribes a reduction of member contributions with respect to a member
for a prescribed period and in any case where any such provision
prohibits the adoption of a
pensions-providing-for-increased-take-home-pay plan with respect to a
member for a prescribed period, an election by such member to become a
career pension plan member or a
fifty-five-year-increased-service-fraction member, where such election
is authorized by the applicable provisions of this chapter, shall
constitute a waiver of any and all claims by such member, arising out of
any consent determination made under section two hundred twenty of the
labor law, to any increased-take-home-pay plan rights different from or
greater than the rights, if any, prescribed with respect to such member
for such period by or pursuant to the provisions of such subparagraph
(j) or (i) or such subsequently enacted law.
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