2006 New York Code - Optional Retirement After Twenty-five Years Of Allowable Service Rendered In The Uniformed Force Of The Department Of Sanitation; Retirement Allowance

 
    §  13-154  Optional  retirement  after  twenty-five years of allowable
  service rendered in the uniformed force of the department of sanitation;
  retirement allowances for service in such force. a. For the purposes  of
  this  section  the uniformed force of the department of sanitation shall
  be deemed to consist of sanitation worker, assistant  foreman,  foreman,
  district     superintendent,    senior    superintendent,    supervising
  superintendent, principal superintendent, city superintendent,  director
  of operations and general superintendent.
    b.  Any  member of the uniformed force of the department of sanitation
  who (1) is appointed to such uniformed force after the first day of July
  nineteen hundred sixty-three, and (2) elects to contribute for the right
  to retire after twenty-five years of allowable service, and (3)  selects
  a   service-fraction   of   one   one-hundredth  of  his  or  her  final
  compensation, and (4) shall have at least twenty-five years of allowable
  service in said uniformed force, may retire upon written application  to
  the  board  setting  forth  at  what  time,  not  less  than thirty days
  subsequent to the execution and filing thereof, he or she desires to  be
  retired.
    c.  1.  Any  member  of  the  uniformed  force  of  the  department of
  sanitation who is in such uniformed force on  the  first  day  of  July,
  nineteen  hundred  sixty-three,  and  who  has  or  shall  have at least
  twenty-five years of allowable service  in  said  uniformed  force,  may
  retire upon written application to the board setting forth at what time,
  not  less  than  thirty  days  subsequent  to  the  execution and filing
  thereof, such member desires to be retired.
    2. A service fraction heretofore selected by  a  member  of  the  said
  uniformed  force  shall  not  affect  his  or  her right to retire after
  twenty-five years of allowable service as provided in  this  subdivision
  c.
    d.  1. Except as otherwise provided in section 13-160 of this chapter,
  upon retirement for service, a member of such force (including any  such
  member not subject to subdivision b or c of this section) shall receive,
  in  lieu  of  any other retirement allowance for service provided for by
  this title, a retirement allowance which shall consist of:
    (a) an annuity  which  shall  be  the  actuarial  equivalent  of  such
  member's  accumulated  deductions  at the time of his or her retirement;
  and
    (b) a pension which shall be equal to one  service  fraction  of  such
  member's final compensation, multiplied by the number of years of his or
  her allowable service; and
    (c)  a  further  pension  of  one-half of one service fraction of such
  member's final compensation multiplied by the number of his or her years
  of allowable service in such force, rendered after July second, nineteen
  hundred sixty-five; and
    (d)  a  pension   which   is   the   actuarial   equivalent   of   the
  reserve-for-increased-take-home-pay   to   which   such  member  may  be
  entitled; if any.
    2. The service fraction used in computing the pension of a  member  of
  such  force  pursuant  to  subparagraphs (b) and (c) of paragraph one of
  this subdivision d  shall  be  as  hereinafter  in  this  paragraph  two
  prescribed,  provided such service fraction is in effect with respect to
  such member at the time of the filing of  his  or  her  application  for
  service retirement:
    (a)  In  the case of any such member who elected a service fraction of
  one one-hundredth of his or her final compensation pursuant  to  and  at
  the time permitted by subdivision b, e or f of this section or paragraph
  six  of  subdivision  a  of section 13-172 of this chapter, or to whom a
  service fraction of one one-hundredth of his or her  final  compensation


  was  assigned  pursuant  to  subdivision g of this section, such service
  fraction shall be one one-hundredth;
    (b)  In  the case of any such member who, on or before June thirtieth,
  nineteen  hundred  thirty,  by  his  or  her   written   election   duly
  acknowledged  and  filed  with  the  board,  consented  to the necessary
  deductions from his or her compensation for an increase of pension to  a
  pension  based  upon a service fraction of one one-hundred-twentieth, or
  who, on or after  July  first,  nineteen  hundred  thirty,  elected  age
  fifty-five  as his or her minimum retirement age, pursuant to and at the
  time permitted by section 13-164 of this chapter, such service  fraction
  shall be one one-hundred-twentieth; and
    (c)  In the case of any other such member, such service fraction shall
  be  that  applicable  to  his  group  pursuant  to  the  provisions   of
  subdivision b of section 13-172 of this chapter.
    e.  (1)  Notwithstanding  any  other  provision of this section or any
  other provision of this chapter, any member of the  uniformed  force  of
  the  department  of sanitation who was appointed to such uniformed force
  after the first day of July, nineteen hundred sixty-three and  prior  to
  April twenty-fourth, nineteen hundred sixty-four, who has not elected to
  contribute  for the right to retire after twenty-five years of allowable
  service pursuant to the provisions of subdivision  b  of  this  section,
  may,  by  a written application duly executed and acknowledged and filed
  with the board, prior to the first  day  of  October,  nineteen  hundred
  sixty-four,   elect   to  contribute  for  the  right  to  retire  after
  twenty-five years of such service and select a service fraction  of  one
  one-hundredth of his or her final compensation.
    (2)  Any such member who makes such election and selection pursuant to
  the provisions of paragraph one of this subdivision e shall be  entitled
  to  retire  for  service  pursuant to the provisions of subdivision b of
  this section.
    f. Notwithstanding any other provision of this section  or  any  other
  provision  of  this  chapter,  any  member of the uniformed force of the
  department of sanitation who was in such force on the first day of July,
  nineteen hundred sixty-three, may, by a written application executed and
  acknowledged and filed with  the  board,  prior  to  the  first  day  of
  October,  nineteen  hundred  sixty-four,  elect  to  contribute  to  the
  retirement  system  on  the  basis  of  a  service   fraction   of   one
  one-hundredth of his or her final compensation.
    g.  Notwithstanding  any  other provision of this section or any other
  provision of this chapter, any person who is appointed a member  of  the
  uniformed  force  of  the  department  of  sanitation  on or after April
  twenty-fourth, nineteen hundred  sixty-four,  shall  contribute  to  the
  retirement   system   on   the  basis  of  a  service  fraction  of  one
  one-hundredth  of  his  final  compensation.  Any  such   member,   upon
  completion  of  at  least twenty-five years of allowable service in such
  uniformed force, may  retire  upon  written  application  to  the  board
  setting  forth at what time, not less than thirty days subsequent to the
  execution and filing thereof, he or she desires to be retired, and  upon
  his  or  her retirement such member shall receive a retirement allowance
  consisting of the components and computed in  the  manner  specified  in
  subdivision d of this section.