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

 
    * §  13-157.2  Twenty-five  year  retirement  program  for  dispatcher
  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. "Dispatcher member" shall mean a member of  the  retirement  system
  who  is  employed  by the city of New York as a fire alarm dispatcher, a
  supervising fire alarm dispatcher, level one, a supervising  fire  alarm
  dispatcher,  level  two,  director  of  dispatch  operations,  or deputy
  director of dispatch operations.
    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  dispatcher  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  a  dispatcher  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 a dispatcher member" shall mean  (i)  service
  as  a  dispatcher  member and all service in the following civil service
  titles:  chief  fire  alarm  dispatcher,   administrative   fire   alarm
  dispatcher,   bus   operator   (transit),  train  dispatcher  (transit),
  firefighter, police officer, correction officer, fire marshal, probation
  officer,   police   communications   technician,   supervising    police
  communications  technician,  principal police communications technician,
  police administrative aide, senior police administrative aide, emergency
  medical technician, advanced  emergency  medical  technician,  emergency
  medical  service  specialist level I, emergency medical specialist level
  II, fire prevention inspector, fire protection  inspector,  senior  fire
  prevention  inspector,  principal  fire  prevention inspector, associate
  fire protection inspector, county detective, detective (NYPD), detective
  investigator, senior  detective  investigator,  deputy  sheriff,  senior
  deputy  sheriff,  inspector  of  fire alarm boxes, radio operator, radio
  repair technician, supervisor  of  radio  repair  operations,  taxi  and
  limousine  inspector,  senior  taxi  and limousine inspector, triborough
  bridge and tunnel officer; and (ii) a member of  the  retirement  system
  who  is employed by the city of New York in a title whose duties require
  the supervision of employees whose civil service title  is  included  in
  subparagraph (i) of this paragraph.
    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 a dispatcher 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  a  dispatcher  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  a  dispatcher  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 a  dispatcher


  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 a dispatcher 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 a dispatcher 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 a dispatcher member and returns to such service as
  a dispatcher 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 a dispatcher 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 a
  dispatcher 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  a  dispatcher  member  to  the  date  of
  retirement.
    d.  Vesting.  1.  A  participant  in  the  twenty-five year retirement
  program who:


    (i) discontinues service as a dispatcher 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 a dispatcher member.
    e.  Member  contributions.  All  dispatcher 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, such  subdivision
  d  to a dispatcher 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 a dispatcher member.
    * NB There are 2 § 13-157.2's