2006 New York Code - Twenty-five Year Retirement Program For Special Officer, Parking Control Specialist, School Safety Agent, Campus Peace Officer, And New York City Taxi

 
    §  13-157.3  Twenty-five  year retirement program for special officer,
  parking control specialist, school safety agent, campus  peace  officer,
  and  New York city taxi and limousine inspector 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.  "Special  officers"  shall mean all peace officers who are special
  officers of any rank employed by a mayoral agency of  the  city  of  New
  York  or  the  New York city health and hospitals corporation or the New
  York city housing authority or the board of education of the city of New
  York and shall include all persons who are employed by the city  of  New
  York in the title urban park ranger or associate urban park ranger.
    2. "Parking control specialist" shall mean a peace officer employed by
  the  New  York  city  department  of transportation as a parking control
  specialist.
    3. "School safety agent" shall mean a  peace  officer  employed  as  a
  school  safety  agent  of  any rank employed by the New York city police
  department or the board of education of the city of New York.
    4. "Campus peace officer" shall mean a peace  officer  employed  as  a
  campus  peace officer of any rank employed by the city university of New
  York.
    5. "Taxi and limousine inspector" shall mean a peace  officer  of  any
  rank employed by the New York city taxi and limousine commission.
    6.  "Twenty-five year retirement program" shall mean all the terms and
  conditions of this section.
    7. "Starting date of the twenty-five year  retirement  program"  shall
  mean  the effective date of this section; provided that, for persons who
  are employed by the city of New York in the title urban park ranger  and
  associate   urban   park  ranger,  "starting  date  of  the  twenty-five
  retirement program" shall mean the effective date of  the  amendment  to
  paragraph  one of this subdivision made in section one of the chapter of
  the laws of two thousand three which amended this paragraph.
    8. "Participant in the twenty-five year retirement program" shall mean
  any special officer, parking control specialist,  school  safety  agent,
  campus  peace  officer  or  taxi  and limousine inspector 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.
    9.  "Discontinued  member" shall mean a participant in the twenty-five
  year retirement program who, while he or she was employed as  a  special
  officer,  parking  control specialist, school safety agent, campus peace
  officer or taxi and limousine inspector discontinued service as  such  a
  member and has a right to a deferred vested benefit under the provisions
  of subdivision d of this section.
    10.   "Allowable   service  as  a  special  officer,  parking  control
  specialist, school safety  agent,  campus  peace  officer  or  taxi  and
  limousine inspector member" shall mean all service while employed by the
  city  of  New  York  or  by  the  New  York  city  health  and hospitals
  corporation, the New York city board of education, the  city  university
  of  New  York  or  the  New York city taxi and limousine commission in a
  title whose duties are those of  a  peace  officer  under  the  criminal
  procedure law.
    11.  "Retirement  system"  shall  mean  the  New  York city employees'
  retirement system or the New York city  board  of  education  retirement
  system.
    b.  Participation  in  the  twenty-five  year  retirement  program. 1.
  Subject  to  the  provisions  of  paragraphs  four  and  five  of   this
  subdivision,  a  person  who  is  a  special  officer,  parking  control


  specialist, school safety  agent,  campus  peace  officer  or  taxi  and
  limousine  inspector  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  special
  officer,  parking  control specialist, school safety agent, campus peace
  officer or taxi and limousine inspector on the date such application  is
  filed.
    2. Any election to be a participant in the twenty-five year retirement
  program shall be irrevocable.
    3.  Where  any  participant in the twenty-five year retirement program
  shall cease to  be  employed  as  a  special  officer,  parking  control
  specialist,  school  safety  agent,  campus  peace  officer  or taxi and
  limousine inspector 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.
    4. Where any participant in the twenty-five  year  retirement  program
  terminates  service  as  a  special officer, parking control specialist,
  school  safety  agent,  campus  peace  officer  or  taxi  and  limousine
  inspector  and  returns  to  such  service as a special officer, parking
  control specialist, school safety agent, campus peace officer,  or  taxi
  and  limousine  inspector  at a later date, he or she shall again become
  such a participant on that date.
    5. 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  special officer, parking control specialist, school safety agent,
  campus peace officer or taxi and limousine inspector; 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
  special officer, parking control specialist, school safety agent, campus
  peace officer or taxi and  limousine  inspector,  or  fraction  thereof,
  beyond  such  required  minimum  period  of  service  equal  to  one and
  seven-tenths percent of the final  average  salary  for  such  allowable
  service  during  the  period from the completion of twenty-five years of
  allowable service as a  special  officer,  parking  control  specialist,
  school  safety  agent,  campus  peace  officer  or  taxi  and  limousine
  inspector to the date of retirement.
    d. Vesting. 1.  A  participant  in  the  twenty-five  year  retirement
  program who:
    (i)  discontinues  service  as  a  special  officer,  parking  control
  specialist, school safety  agent,  campus  peace  officer  or  taxi  and
  limousine inspector, 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 special officer, parking control specialist, school safety
  agent, campus peace officer or taxi and limousine inspector.
    e.  Member  contributions.  All  special  officer,   parking   control
  specialist,  school  safety  agent,  campus  peace  officer, or taxi and
  limousine inspector 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-f of the retirement and
  social security law.
    For  the purpose of applying, under this subdivision, such subdivision
  d to a special officer, parking control specialist, school safety agent,
  campus peace officer or taxi  and  limousine  inspector  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
  special officer, parking control specialist, school safety agent, campus
  peace officer or taxi and limousine inspector.