2006 New York Code - Twenty-five Year Retirement Program For Emt Members.

 
    * §  13-157.2  Twenty-five year retirement program for EMT members. a.
  Definitions. The following words and phrases as  used  in  this  section
  shall  have the following meanings unless a different meaning is plainly
  required by the context.
    1. "EMT member" shall mean a member of the retirement  system  who  is
  employed  by  the  city  of  New York or by the New York city health and
  hospitals corporation in a title whose duties are those of an  emergency
  medical  technician  or  advanced emergency medical technician (as those
  terms are defined in section three thousand one  of  the  public  health
  law),  or  in  a title whose duties require the supervision of employees
  whose duties are those of an emergency medical  technician  or  advanced
  emergency  medical  technician  (as  those  terms are defined in section
  three thousand one of the public health law).
    2. "Twenty-five year retirement program" shall mean all the terms  and
  conditions of this section.
    3.  "Starting  date  of the twenty-five year retirement program" shall
  mean the date of enactment of this section.
    4. "Participant in the twenty-five year retirement program" shall mean
  any EMT member who, under the applicable provisions of subdivision b  of
  this  section, is entitled to the rights, benefits and privileges and is
  subject to the obligations of the twenty-five year  retirement  program,
  as applicable to him or her.
    5.  "Discontinued  member" shall mean a participant in the twenty-five
  year retirement program  who,  while  he  or  she  was  an  EMT  member,
  discontinued  service  as  such  a  member and has a right to a deferred
  vested benefit under the provisions of subdivision d of this section.
    6. "Allowable service as an EMT member" shall mean (i) all service  as
  an  EMT  member;  and (ii) all service while employed by the city of New
  York or by the New York city health and  hospitals  corporation  in  the
  title motor vehicle operator.
    b.  Participation  in  the  twenty-five  year  retirement  program. 1.
  Subject  to  the  provisions  of  paragraphs  five  and  six   of   this
  subdivision, any person who is an EMT member on the starting date of the
  twenty-five year retirement program may elect to become a participant in
  the  twenty-five  year  retirement program by filing, within one hundred
  eighty days after the starting date of the twenty-five  year  retirement
  program,  a  duly  executed  application for such participation with the
  retirement system of which such person is a member, provided he  or  she
  is such an EMT member on the date such application is filed.
    2.  Subject  to  the  provisions  of  paragraphs  five and six of this
  subdivision, any person who becomes an EMT  member  after  the  starting
  date  of  the  twenty-five year retirement program may elect to become a
  participant in the twenty-five year retirement program by filing, within
  one hundred eighty days after  becoming  such  an  EMT  member,  a  duly
  executed  application  for such participation with the retirement system
  of which such person is a member, provided he or  she  is  such  an  EMT
  member on the date such application is filed.
    3. Any election to be a participant in the twenty-five year retirement
  program shall be irrevocable.
    4.  Where  any  participant in the twenty-five year retirement program
  shall cease to be employed as an EMT member, he or she shall cease to be
  such a participant and, during any period in which such person is not so
  employed, he or she shall not be a participant in the  twenty-five  year
  retirement  program  and  shall  not  be  eligible  for  the benefits of
  subdivision c of this section.
    5. Where any participant in the twenty-five  year  retirement  program
  terminates  service  as  an EMT member and returns to such service as an


  EMT member at a later  date,  he  or  she  shall  again  become  such  a
  participant on that date.
    6.  Notwithstanding  any  other  provision of law to the contrary, any
  person who is eligible to become a participant in the  twenty-five  year
  retirement  program pursuant to paragraph one or two of this subdivision
  for the full  one  hundred  eighty  day  period  provided  for  in  such
  applicable  paragraph  and  who  fails  to  timely  file a duly executed
  application for such participation with the retirement system, shall not
  thereafter be eligible to become a participant in such program.
    c. Service retirement benefits. 1. A participant  in  the  twenty-five
  year retirement program:
    (i)  who  has completed twenty-five or more years of allowable service
  as an EMT member; and
    (ii) who files with the retirement system an application  for  service
  retirement  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
    (iii)  who  shall  be a participant in the twenty-five year retirement
  program at the time so specified for his or  her  retirement;  shall  be
  retired  pursuant  to  the  provisions  of  this section affording early
  service retirement.
    2. Notwithstanding any other provision of law  to  the  contrary,  the
  early  service  retirement  benefit for a participant in the twenty-five
  year retirement program who retires pursuant to paragraph  one  of  this
  subdivision shall be a retirement allowance consisting of:
    (i)  an  amount, on account of the required minimum period of service,
  equal to the sum  of  (a)  an  annuity  which  shall  be  the  actuarial
  equivalent of the accumulated deductions from his or her pay during such
  period,  (b)  a  pension  for increased-take-home-pay which shall be the
  actuarial equivalent of the reserve for increased-take-home-pay to which
  he or she may be entitled for such period, and (c) a pension which, when
  added to such annuity  and  such  pension  for  increased-take-home-pay,
  produces  a  retirement  allowance  equal  to  fifty-five percent of the
  salary earned or earnable in the year prior to his  or  her  retirement;
  plus
    (ii) an amount for each additional year of allowable service as an EMT
  member,  or  fraction  thereof,  beyond  such required minimum period of
  service equal to one and seven-tenths percent of the  salary  earned  or
  earnable  in  the year prior to his or her retirement for such allowable
  service during the period from the completion of  twenty-five  years  of
  allowable service as an EMT member to the date of retirement.
    d.  Vesting.  1.  A  participant  in  the  twenty-five year retirement
  program who:
    (i) discontinues service as an EMT member,  other  than  by  death  or
  retirement; and
    (ii)  prior  to  such  discontinuance,  completed  five  but less than
  twenty-five years of allowable city service; and
    (iii) does not withdraw in whole or in part  his  or  her  accumulated
  member  contributions  pursuant to section 13-141 of this chapter, shall
  be entitled to receive a deferred vested benefit  as  provided  in  this
  subdivision.
    2. (i) Upon such discontinuance under the conditions and in compliance
  with  the provisions of paragraph one of this subdivision, such deferred
  vested benefit shall vest automatically.
    (ii) Such vested benefit shall become payable on the earliest date  on
  which  such  discontinued  member could have retired for service if such
  discontinuance had not occurred.


    3. Such deferred  vested  benefit  shall  be  a  retirement  allowance
  consisting  of  an  amount  equal  to two and two-tenths percent of such
  discontinued member's salary earned or earnable in the year prior to his
  or her discontinuance, multiplied by the number of  years  of  allowable
  service as an EMT member.
    e.  Member  contributions.  All  EMT  members  of the twenty-five year
  retirement program shall be required to make  member  contributions  and
  additional  member  contributions  in accordance with and subject to the
  same rights, privileges, obligations and procedures as govern the member
  contributions  and   additional   member   contributions   required   by
  subdivision d of section four hundred forty-five-e of the retirement and
  social security law.
    For  the purpose of applying, under this subdivision, subdivision d of
  section four hundred forty-five-e of the retirement and social  security
  law  to  an EMT member of the twenty-five year retirement program who is
  subject to the provisions of this section, and is  not  subject  to  the
  provisions  of article eleven of the retirement and social security law,
  the term "credited service", as  used  in  such  subdivision,  shall  be
  deemed to mean allowable service as an EMT member.
    * NB There are 2 § 13-157.2's