There is a newer version of the New York Consolidated Laws
2006 New York Code - Optional Retirement After Twenty Or Twenty-five Years Of Allowable Service Rendered In The Uniformed Transit Police Force.
§ 13-157 Optional retirement after twenty or twenty-five years of
allowable service rendered in the uniformed transit police force. a. A
new transit police member may elect, prior to the certification of his
or her rate of contribution, if not previously a member of the
retirement system, and within thirty days after his or her appointment
to the uniformed transit police force, if such person is a member of the
retirement system at the time of such appointment, to contribute on the
basis of a minimum retirement period of twenty years of allowable
service rendered in such transit police force, by a written election
duly executed and acknowledged, and filed with the board. The rate of
contribution of a member so electing shall be equal to that (before any
reduction in rate of contribution to which such member, after such
election, may be entitled by reason of any plan for
pensions-providing-for-increased-take-home-pay) at which he or she would
contribute to the police pension fund maintained pursuant to subchapter
two of chapter two of this title if (1) on the date of his or her
appointment as a member of the uniformed transit police force he or she
had been appointed a member of the police force of the city, and (2) he
or she had elected a minimum retirement period of twenty years as a
member of such police pension fund. Upon the retirement of such a new
transit police member for service, such member shall receive a
retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-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 then be entitled, if any; and
3. a pension which shall be equal to:
(a) seventy-five per cent of one-fortieth of his or her final
compensation multiplied by not to exceed the number of years of service
in the uniformed transit police force on and after July first, nineteen
hundred sixty-four, credited to him or her, which aggregates not more
than twenty years of service, plus
(b) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
transit police force, plus
(c) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service
after October first, nineteen hundred fifty-one, acquired other than in
the uniformed transit police force, and (2) the number of years of
service in the uniformed transit police force credited to him or her in
excess of twenty.
b. A new transit police member may elect, prior to the certification
of his or her rate of contribution, if not previously a member of the
retirement system, and within thirty days after his or her appointment
to the uniformed transit police force, if such person is a member of the
retirement system at the time of such appointment, to contribute on the
basis of a minimum retirement period of twenty-five years of allowable
service rendered in such transit police force, by a written election
duly executed and acknowledged, and filed with the board. The rate of
contribution of a member so electing shall be equal to that (before any
reduction in rate of contribution to which such member, after such
election, may be entitled by reason of any plan for
pensions-providing-for-increased-take-home-pay) at which he or she would
contribute to the police pension fund maintained pursuant to subchapter
two of chapter two of this title if (1) on the date of his or her
appointment as a member of the uniformed transit police force he or she
had been appointed a member of the police force of the city, and (2) he
or she had elected a minimum retirement period of twenty-five years as a
member of such police pension fund. Upon the retirement of such a new
transit police member for service, he or she shall receive a retirement
allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her
accumulated deductions at the time of his or her retirement; and
2. a pension providing-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 then be entitled, if any; and
3. a pension which shall be equal to: (a) seventy-five per cent of
one-fiftieth of his or her final compensation multiplied by not to
exceed the number of years of service in the uniformed transit police
force on and after July first, nineteen hundred sixty-four, credited to
him or her, which aggregates not more than twenty-five years of service,
plus
(b) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
transit police force, plus
(c) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service
after October first, nineteen hundred fifty-one acquired other than in
the uniformed transit police force, and (2) the number of years of
service in the uniformed transit police force credited to him or her in
excess of twenty-five.
c. A prior transit police member may elect, on or before September
thirtieth, nineteen hundred sixty-four, by a written election duly
executed and acknowledged, and filed with the board, to contribute on
and after July first, nineteen hundred sixty-four at a rate of
contribution equal to that (before any reduction in rate of contribution
to which such member, after such election, may be entitled by reason of
any plan for pensions-providing-for-increased-take-home-pay) at which he
or she would have been contributing on such July first to the police
pension fund maintained pursuant to subchapter two of chapter two of
this title if (1) he or she were on that date a member of the police
force of the city and of such police pension fund, and (2) he or she had
elected a minimum retirement period of twenty years as a member of such
fund, and (3) he or she had been appointed to the city police force on
the date on which he or she was appointed a member of the uniformed
transit police force, and (4) where such member was appointed to the
uniformed transit police force prior to March twenty-ninth, nineteen
hundred forty, such police pension fund maintained pursuant to such
subchapter two had been in existence on the date of such appointment.
Upon the retirement of such a prior transit police member for service,
he or she shall receive a retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the
actuarial equivalent of that portion of the
reserve-for-increased-take-home-pay to which he or she may then be
entitled, if any, remaining after deducting from such reserve (a) all
sums therein, including regular interest thereon, credited to him or her
while a member of the uniformed transit police force, prior to January
fifth, nineteen hundred sixty-three, plus (b) all sums therein,
including regular interest thereon, credited to him or her for the
period between January fifth, nineteen hundred sixty-three and June
thirtieth, nineteen hundred sixty-four, both dates inclusive, which are
derived from that part of a reduced-rate-of-contribution factor in
excess of two and one-half per cent, provided that such sums mentioned
in subparagraphs (a) and (b) of this paragraph two, shall, at the time
of his or her retirement, be withdrawn from the credit of such member,
shall become the property of the retirement system, and shall be paid
into the contingent reserve fund provided for in section 13-127 of this
chapter; and
3. a pension which shall be equal to:
(a) fifty-five per cent of one-fortieth of his or her final
compensation multiplied by not to exceed twenty years of service in the
uniformed transit police force, prior to October first, nineteen hundred
fifty-one, credited to him or her, plus
(b) seventy-five per cent of one-fortieth of his or her final
compensation multiplied by not to exceed the number of years of service
in the uniformed transit police force on and after October first,
nineteen hundred fifty-one, credited to him or her, which, together with
the years of service in such force credited to him or her prior to such
date, aggregates twenty years of service, plus
(c) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
transit police force, plus
(d) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service on
and after October first, nineteen hundred fifty-one, acquired other than
in the uniformed transit police force, and (2) the number of years of
service in the uniformed transit police force credited to him or her in
excess of twenty.
d. A prior transit police member may elect, on or before September
thirtieth, nineteen hundred sixty-four, by a written election duly
executed and acknowledged, and filed with the board, to contribute on
and after July first, nineteen hundred sixty-four at a rate of
contribution equal to that (before any reduction in rate of contribution
to which such member, after such election, may be entitled by reason of
any plan for pensions-providing-for-increased-take-home-pay) at which he
or she would have been contributing on such July first to the police
pension fund maintained pursuant to subchapter two of chapter two of
this title if (1) he or she were on that date a member of the police
force of the city and of such police pension fund, and (2) he or she had
elected a minimum retirement period of twenty-five years as a member of
such fund, and (3) he or she had been appointed to the city police force
on the date on which he or she was appointed a member of the uniformed
transit police force, and (4) where such member was appointed to the
uniformed transit police force prior to March twenty-ninth, nineteen
hundred forty, such police pension fund maintained pursuant to such
subchapter two had been in existence on the date of such appointment.
Upon the retirement of such a member for service he or she shall receive
a retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her
accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the
actuarial equivalent of that portion of the
reserve-for-increased-take-home-pay to which he or she may then be
entitled, if any, remaining after deducting from such reserve (a) all
sums therein, including regular interest thereon, credited to him or her
while a member of the uniformed transit police force, prior to January
fifth, nineteen hundred sixty-three, plus (b) all sums therein,
including regular interest thereon, credited to him or her for the
period between January fifth, nineteen hundred sixty-three and June
thirtieth, nineteen hundred sixty-four, both dates inclusive, which are
derived from that part of a reduced-rate-of-contribution factor in
excess of two and one-half per cent, provided that such sums mentioned
in subparagraphs (a) and (b) of this paragraph two, shall, at the time
of his or her retirement, be withdrawn from the credit of such member,
shall become the property of the retirement system, and shall be paid
into the contingent reserve fund provided for in section 13-127 of this
chapter; and
3. a pension which shall be equal to:
(a) fifty-five per cent of one-fiftieth of his or her final
compensation multiplied by not to exceed twenty-five years of service in
the uniformed transit police force prior to October first, nineteen
hundred fifty-one, credited to him or her, plus
(b) seventy-five per cent of one-fiftieth of his or her final
compensation multiplied by not to exceed the number of years of service
in the uniformed transit police force on and after October first,
nineteen hundred fifty-one, credited to him or her, which, together with
the years of service in such force credited to him or her prior to such
date, aggregates twenty-five years of service, plus
(c) fifty-five per cent of one-sixtieth of his or her final
compensation for the number of years of city-service prior to October
first, nineteen hundred fifty-one acquired other than in the uniformed
transit police force, plus
(d) seventy-five per cent of one-sixtieth of his or her final
compensation multiplied by: (1) the number of years of city-service on
and after October first, nineteen hundred fifty-one acquired other than
in the uniformed transit police force, and (2) the number of years of
service in the uniformed transit police force credited to him or her in
excess of twenty-five.
e. Any transit police member who has elected pursuant to this section,
optional retirement after twenty or twenty-five years of allowable
service and who shall have attained the minimum period of service
retirement elected by him or her, upon his or her own written
application to and filed with 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, shall be retired as of the date specified
in said application, provided that at the time so specified for his or
her retirement, his or her term or tenure of office or employment shall
not have terminated or have been forfeited, and provided further that
upon his or her request in writing, the member shall be granted a leave
of absence from the date of filing said application until the date the
retirement becomes effective.
f. Notwithstanding any other provision of this section, the provisions
of section two hundred seven-d of the general municipal law shall apply
to any transit police member in the same manner and to the same extent
as if the definition of "policeman" in such section included a paid
officer or member of the uniformed transit police force; provided,
however, that any such member shall not be entitled to any rights or
benefits under such section two hundred seven-d in the event that, if a
member of the police force of the city and of the police pension fund
maintained pursuant to subchapter two of chapter two of this title; who
had elected a minimum period of service as a prerequisite for
eligibility for retirement for service and who had served in the city
police force beyond such minimum period of service, were to retire for
any cause whatsoever on the same date as that on which such transit
police member retires for any cause whatsoever, the provisions of such
section two hundred seven-d would not be applicable, operative or
effective for determining the rights or benefits of such member of the
city police force.
g. (1) Notwithstanding the provisions of subdivisions a, b, c and d of
this section, a transit police member shall, upon retirement for
service, and in lieu of any lesser amount prescribed by the applicable
provisions of such subdivisions or otherwise, receive a retirement
allowance on account of his or her minimum period of service rendered as
a member of the uniformed transit police force, which shall, subject to
the provisions of this subdivision g, be equal to one-half of his or her
annual compensation earnable upon the date of his or her retirement;
provided, however, that any such member shall not be entitled to a
retirement allowance, determined under and pursuant to the foregoing
provisions of this paragraph one, on account of his or her minimum
period of such service, in the event that, if a member of the police
force of the city and of the police pension fund maintained pursuant to
subchapter two of chapter two of this title, who had elected completion
of a minimum period of service as a prerequisite for eligibility for
retirement for service, were to retire for service on the same date as
such transit police member, the provisions of subdivision one of section
two hundred seven-e of the general municipal law, as added by chapter
two hundred fifty-eight of the laws of nineteen hundred sixty-three,
would not be applicable, operative or effective for determining the
rights to a retirement allowance of such member of the city police force
for such minimum period of service and would not provide for such member
of such police force, the retirement allowance specified in such
subdivision one for such minimum period of service, in lieu of any
lesser benefit otherwise prescribed.
(2) Subject to the provisions of section 13-130 of this chapter, the
addition and computation of a further pension, in order to provide such
retirement allowance under paragraph one of this subdivision g for a
transit police member, shall be subject to the terms and conditions of
subdivision two of section two hundred seven-e of the general municipal
law, as added by chapter two hundred fifty-eight of the laws of nineteen
hundred sixty-three, in the same manner and to the same extent as if the
term "uniformed force of the police department of such city", mentioned
in such subdivision, included the uniformed transit police force.
(3) Where additional retirement benefits are payable to transit police
members under the provisions of this section, other than the provisions
of this subdivision and subdivision f thereof, or are required to be
paid under the provisions of section two hundred seven-d of the general
municipal law, as made applicable by the provisions of such subdivision
f, such additional benefits shall be paid, for service in addition to
and in excess of the minimum service requirements, in addition to the
minimum retirement benefits required to be paid by this subdivision g.
h. (1) Subject to the provisions of paragraph three of this
subdivision h, when a transit captain who is a transit police member
shall have acted under regular detail in any capacity above the rank of
transit captain and shall have received additional compensation
therefor, during a period or periods aggregating two years, such transit
officer, upon retirement pursuant to the provisions of subdivision e of
this section, shall be entitled to a retirement allowance equal to that
to which he or she would be entitled under the provisions of subdivision
c of section 14-114 of the code, if:
(a) he or she had been a captain of the police force of the city who
retired after having acted under regular detail in a capacity above the
rank of captain in such city police force for a period or periods
aggregating two years, and
(b) the highest salary received by him or her during such assumed
period or periods of service in a capacity above the rank of captain in
such city police force were identical with the highest salary actually
received by such transit officer during the period or periods of his or
her service as a transit officer in a capacity above the rank of transit
captain, and
(c) he or she had served in such city police force for a total period
of time identical with his or her total period of service in the
uniformed transit police force, and
(d) he or she had made during such assumed period of service in the
city police force, the same election or elections as to waiver and
withdrawal of waiver of a reduction in contributions by reason of any
plan for pensions-providing-for-increased-take-home-pay, as he or she
made during such period of service in the uniformed transit police
force.
(2) Subject to the provisions of paragraph three of this subdivision
h, when a transit captain who is a transit police member shall have
served in the rank of transit captain for a period of ten years, he or
she shall have the same right to a retirement allowance as if he or she
had been detailed to act as inspector and had served as such and had
received additional compensation therefor during a period or periods of
time aggregating two years. A transit captain who is a transit police
member and who shall have served as such less than ten years and more
than five years, shall have the same right to a retirement allowance as
if he or she had been detailed to act as a deputy inspector and had
served as such and had received additional compensation therefor during
a period or periods of time aggregating two years. For the purpose of
determining the retirement allowance to which any transit captain is
entitled under the provisions of this paragraph two, the salary of an
inspector or deputy inspector of the police force of the city, at the
time of such retirement of such transit captain, shall be deemed to be
identical with the salary of an inspector or deputy inspector, as the
case may be, in the transit police force, at the same time. In the event
that the detail of transit captain acting as inspector or deputy
inspector does not exist in the transit police department or the
uniformed transit police force, then, for the purposes of this paragraph
two, it shall be deemed that such detail does exist with the same salary
as is applicable to such rank in the New York city police force at the
time of such retirement of any such transit captain.
(3) In any case where a transit officer entitled to a retirement
allowance under paragraph one or two of this subdivision h, is a prior
transit police member, and by reason of any such waiver or waivers by
such transit officer, he or she is entitled to receive a
pension-providing-for-increased-take-home-pay, in addition to the
portions of his or her retirement allowance otherwise payable under the
foregoing provisions of this subdivision h, such
pension-providing-for-increased-take-home-pay shall be reduced in the
manner prescribed by paragraph two of subdivision c or d of this
section, as the case may be, and the
pension-providing-for-increased-take-home-pay paid to such transit
officer shall be such pension as so reduced, and the sums deducted from
the reserve-for-increased-take-home-pay, as prescribed by such paragraph
two, shall, at the time of retirement of such transit officer, be
withdrawn from his or her credit, shall become the property of the
retirement system and should be paid into the contingent reserve fund
provided for in section 13-127 of this chapter.
(4) In lieu of any other retirement benefits granted to him or her
upon retirement from the uniformed transit police force, any transit
police member who shall have served as a chief of the transit police
department on or after January first, nineteen hundred sixty-nine,
shall, at his or her election, be entitled upon retirement to a
retirement allowance which shall consist of an annuity which is the
actuarial equivalent of his or her accumulated deductions at the time of
his or her retirement from the uniformed transit police force and a
pension which, when added to such annuity, shall be equal to two-thirds
of his or her salary as chief of the transit police department. For the
purpose of computing the annuity portion of such retirement allowance,
his or her accumulated deductions shall be the required amount of such
deductions at the time of his or her retirement from the uniformed
transit police force, without any increase resulting from excess
contributions and without any decrease resulting from withdrawals,
loans, optional modification, payment of his or her contributions for
old age and survivor's insurance coverage, or from any other transaction
authorized by law.
i. Notwithstanding the provisions of section 13-166 of this chapter or
any other section of the code to the contrary, no transit police member
electing optional retirement pursuant to this section, who is on the
date of such election sixty-three or more years of age or who on or
after such date attains the age of sixty-three years, shall continue
serving as a member of the uniformed transit police force but shall be
retired, provided, however, that any such member who is not eligible for
retirement at the age of sixty-three may continue to serve as a member
of such force only until such time as he or she becomes eligible for
retirement for service, provided further that, at the discretion of the
chief personnel officer within the transit authority and upon the
recommendation of the chief of the transit police force, the deputy
chief of the transit police force may continue to serve in such position
beyond such age.
j. (1) The provisions of this section shall apply to transit police
members as herein provided, notwithstanding the provisions of sections
13-125 and 13-172 of this chapter or any other provision of the code or
law to the contrary.
(2) Except as otherwise provided in this section and section 13-130 of
this chapter, on and after July first, nineteen hundred sixty-four, each
transit police member shall have and shall be entitled and subject to
the same rights, benefits, privileges and obligations as a member of the
police force of the city who is a member of the police pension fund
maintained pursuant to subchapter two of chapter two of this title, with
respect to the matters provided for in sections 13-219, 13-225, 13-226,
13-239, 13-242, 13-243, 13-244, 13-251, 13-252, 13-254, 13-256, 13-257,
13-258, 13-261, 13-261.2, 13-261.3 and 13-262 of such subchapter two;
provided, however, that:
(a) each transit police member shall have and shall be entitled and
subject to such rights, benefits, privileges and obligations as to such
matters only in so far as such rights, benefits, privileges and
obligations accrue on and after July first, nineteen hundred sixty-four,
and nothing contained in this paragraph two shall confer upon or create
in relation to any transit police member any such right, benefit,
privilege or obligation with respect to any period of time or event
occurring before July first, nineteen hundred sixty-four; and
(b) such rights, benefits, privileges and obligations conferred upon
or created in relation to each transit police member by this paragraph
two with respect to such matters provided for in such sections of such
subchapter two, shall be in lieu of any and all rights, benefits,
privileges and obligations which, if such member were not a transit
police member, (1) would accrue to him or her under this title, on and
after July first, nineteen hundred sixty-four, with respect to such
matters, or (2) he or she would have and would be entitled and subject
to under this chapter, with respect to such matters, for any period of
time on and after such date, or by reason of any event occurring on or
after such date; and
(c) any and all rights, benefits, privileges and obligations of a
transit police member under this chapter, in so far as they accrued
prior to July first, nineteen hundred sixty-four, or arose from or were
based upon any event occurring prior to such date, shall be governed by
and determined in accordance with the provisions of this chapter which
would be applicable to such member if he or she were not a transit
police member; and
(d) for the purpose of determining the rights, benefits, privileges
and obligations of a transit police member under this paragraph two,
nothing contained in subparagraphs (a) and (c) of this paragraph two
shall be construed as depriving any such member (1) of credit, as
otherwise granted or authorized by the provisions of this chapter, for
city-service rendered prior to July first, nineteen hundred sixty-four,
or (2) of credit for contributions made by such member prior to such
date, or (3) of rights, accruing prior to such date, with respect to any
plan for pensions-providing-for-increased-take-home-pay, provided that
such rights as to such plan shall be reduced to the extent and in the
manner provided in paragraph two of subdivisions c and d of this
section, and in subdivision h of this section and in paragraphs six and
eleven of this subdivision j.
(3) The rights, benefits, privileges and obligations conferred upon or
created in relation to transit police members by paragraph two of this
subdivision j shall be determined by the retirement system in accordance
with the actuarial tables adopted from time to time for the police
pension fund maintained pursuant to subchapter two of chapter two of
this title and such tables shall be employed by the retirement system,
in making any such determination, in the same manner as they are
employed under such subchapter two in determining the corresponding
rights, benefits, privileges and obligations of members of such police
pension fund.
(4) The rights, benefits, privileges and obligations conferred upon or
created in relation to transit police members by paragraph two of this
subdivision j shall be administered by the retirement system pursuant to
its rules and regulations and nothing contained in this section or in
any other law shall be construed as conferring upon the board of
trustees of the police pension fund maintained pursuant to subchapter
two of chapter two of this title, or the medical board or any other
agency of such pension fund, any jurisdiction, power or duties to
administer such rights, benefits, privileges or obligations or to adopt
rules or regulations relating thereto.
(5) Notwithstanding any other provision of this section, where any
part of the principal and interest with respect to any loan made to a
member pursuant to section 13-140 of this chapter remains unpaid at the
time when such member seeks to elect to become a transit police member
pursuant to the applicable provisions of subdivisions a, b, c and d of
this section, such member shall not have the right to make such election
unless he or she shall execute and acknowledge, and file with the board,
a written agreement providing that from and after the execution of such
agreement, all of his or her obligations and rights with respect to the
principal and interest remaining unpaid on such loan shall be governed
by section 13-239 of this title, and that the terms and conditions of
such loan may be changed or modified by the board, with respect to any
principal thereof and interest thereon remaining unpaid, so as to
conform with the provisions of section 13-239 of this title. For the
purposes of this paragraph and of paragraph two of this subdivision j,
wherever the term "pension fund" appears in such section 13-239 of this
title, it shall be deemed to mean the retirement system.
(6) In any case where an ordinary death benefit or accidental death
benefit is payable pursuant to the provisions of paragraph two of this
subdivision j and the applicable provisions of section 13-243 or section
13-244 of this title, as the case may be, by reason of the death of a
prior transit police member, any reserve-for-increased-take-home-pay
payable or allocable to any beneficiary under such provisions shall
first be reduced in the manner prescribed by paragraph two of
subdivision c or d, as the case may be, of this section and the amount
of the deduction from such reserve, as prescribed by subparagraphs (a)
and (b) of such paragraph two, shall be withdrawn from the credit of
such member, shall become the property of the retirement system and
shall be paid into the contingent reserve fund provided for in section
13-127 of this chapter.
(7) In any case where an accidental death benefit is payable, pursuant
to the provisions of paragraph two of this subdivision j and section
13-244 of this title, by reason of the death of a transit police member,
the provisions of section 13-244 of this title prescribing that the
pension payable thereunder shall in no case be less than one-half of the
full salary payable to a first-grade patrolman on the date of death of
such employee, shall not apply to the determination of the amount of the
death benefit payable by reason of the death of such transit police
member, and the amount of such death benefit, including any pension
payable, shall be determined as if such provisions were not included in
such section.
(8) The provisions of section 13-150 of this chapter shall not apply
to any transit police member.
(9) For the purposes of paragraph two of this subdivision j, wherever
the following terms appear in any section of subchapter two of chapter
two of this title mentioned in such paragraph two, they shall be deemed
to have the following meanings:
(a) "commissioner": the New York city transit authority.
(b) "medical board": the medical board of the retirement system.
(c) "city-service": city-service as defined in subdivision three of
section 13-101 of this chapter.
(d) "board": the board of trustees of the retirement system.
(e) "police service": allowable service in the uniformed transit
police force as a member of such force, excluding any service credit
acquired by transfer under any provision of law.
(f) "discontinued member": a transit police member who has
discontinued service in the uniformed transit police force and has a
vested right to a retirement allowance under the provisions of section
13-256 of this title.
(10) For the purposes of paragraph two of this subdivision j, the
provisions of section 13-252 of this title shall not be applicable to a
transit police member for whom application for retirement for accident
disability is made, in any case where the city-service claimed to have
resulted in the alleged disability of such member was performed prior to
July first, nineteen hundred sixty-four.
(11) In any case where a retirement allowance for accident disability
is payable, pursuant to the provisions of paragraph two of this
subdivision j and section 13-258 of this title, with respect to a prior
transit police member, any reserve-for-increased-take-home-pay
constituting the basis of a pension payable pursuant to subdivision two
of section 13-258 of this title, shall first be reduced in the manner
prescribed by paragraph two of subdivision c or d, as the case may be,
of this section, and the amount of the deduction from such reserve, as
prescribed by subparagraphs (a) and (b) of such paragraph two, shall be
withdrawn from the credit of such member, shall become the property of
the retirement system, and shall be paid into the contingent reserve
fund provided for in section 13-127 of this chapter. The pension payable
with respect to such member pursuant to such subdivision two of such
section 13-258 of this title shall be the actuarial equivalent of the
portion of such reserve remaining after such deduction.
(12) For the purposes of paragraph two of this subdivision j,
(a) the provisions of section 13-262 of this title shall be deemed to
refer to a beneficiary receiving or entitled to receive a retirement
allowance under subdivision a, b, c or d of this section, who re-enters
city-service; and
(b) wherever the following terms appear in section 13-262 of this
title, they shall be deemed to have the following meaning:
(i) police commissioner: the chief of the transit police force;
(ii) deputy police commissioner: the deputy chief of the transit
police force.
(13) The applicability of section 13-225 of this title to each prior
transit police member, pursuant to the provisions of paragraph two of
this subdivision j, shall be subject to the provisions of the opening
paragraph of subdivision c or d of this section, as the case may be,
with respect to rate of contribution.
(14) (a) For the purpose of computing an annuity and a pension,
pursuant to paragraphs one and two of subdivision c of section 13-256 of
this title, for a discontinued member, service credit acquired by such
member pursuant to section forty-three of the retirement and social
security law and accumulated deductions transferred pursuant to such
section shall be excluded.
(b) For city-service credited to a discontinued member, other than
allowable service in the uniformed transit police force as a member of
such force, such member shall receive, in lieu of any other pension
under section 13-256 of this title for such other service:
(i) a pension which shall be equal to fifty-five per cent of
one-sixtieth of his or her final compensation multiplied by the number
of years of such other city-service rendered prior to October first,
nineteen hundred fifty-one; and
(ii) a pension which shall be equal to seventy-five per cent of
one-sixtieth of his or her final compensation multiplied by the number
of years of such other city-service rendered on and after October first,
nineteen hundred fifty-one.
k. For the purposes of this section, the words, "final compensation",
shall mean the average annual compensation earnable by a member for
city-service during the last five years of city-service, or during any
other five consecutive years of city-service since he or she last became
a member which such member shall designate.
l. In the event that a transit police member, without having
previously retired as such member, shall cease to be a member of the
uniformed transit police force and shall enter upon any other form of
city-service, the provisions of subdivision g of section 13-107 of this
chapter shall be inapplicable to such member, and in the event that any
benefit shall become payable under this chapter to such member or to any
beneficiary of such member, while such member is performing any such
other form of city-service, his or her service in the uniformed transit
police force shall be credited and treated in the same manner as such
other form of city-service.
m. Nothing contained in this section shall affect or decrease the
amount of the contributions due from any transit police member for any
period prior to July first, nineteen hundred sixty-four or give rise to
any right on the part of any such member to a refund of any
contributions made by him or her for any period prior to such date or to
any benefit in lieu of such refund.
n. The provisions of section 13-108 of this chapter shall be
inapplicable to any transit police member so long as he or she shall be
such a member.
o. (1) The election by any transit police member of optional
retirement after twenty or twenty-five years of allowable service
pursuant to the applicable provisions of subdivisions a, b, c and d of
this section shall constitute a consent and agreement by each member
that in the event that any provision of this section confers, or is
adjudged by any court of competent jurisdiction to confer upon such
member any right, benefit or privilege which is greater than the
corresponding right, benefit or privilege which such member would
possess if he or she were, under the same circumstances, a member of the
police force of the city and a member of the police pension fund
maintained pursuant to subchapter two of chapter two of this title, the
legislature shall have the right and power to enact any law or laws or
amendments thereto which diminish such right, benefit or privilege of
such transit police member so that the same becomes equal to such
corresponding right, benefit or privilege which he or she would possess
if he or she were a member of such police pension fund.
(2) In enacting this section, the legislature, in pursuance of the
consent and agreement provided for by paragraph one of this subdivision
o, does hereby reserve to the state of New York and to itself, the right
and power to enact any law or laws or amendments thereto referred to in
such paragraph one.
(3) For the purposes of this subdivision o, if any transit police
member was appointed a member of the uniformed transit police force
prior to March twenty-ninth, nineteen hundred forty, such police pension
fund maintained pursuant to such subchapter two shall be deemed to have
been in existence on the date of such appointment.
(4) Every written election of optional retirement executed and filed
pursuant to the applicable provisions of subdivisions a, b, c and d of
this section shall contain a copy of this subdivision o; provided,
however, that the omission of such copy from any such written election
shall not invalidate the consent granted and agreement made by such
election, as herein prescribed.
q. (1) Notwithstanding any other provision of this section or chapter
to the contrary, any transit police member who was a member in
city-service on July first, nineteen hundred seventy-two and who shall
hereafter purchase service credit pursuant to paragraph two of this
subdivision q for any period of continuous city-service in a position in
the uniformed transit police force, which period:
(a) next precedes the date on which such member last became a member;
and
(b) begins not earlier than the date six months prior to the date on
which he or she last became a member; shall be credited with such
service for the purpose of determining the amount of his or her
retirement allowance and in computing the minimum period of service
retirement elected by such member. Service credit used pursuant to this
subdivision q to satisfy such requirements shall in no event exceed six
months.
(2) A transit police member who elects to purchase service credit
under the provisions of paragraph one of this subdivision q shall pay
into the annuity savings fund of the retirement system the amount of the
employee contributions required to have been paid into the retirement
system for such service, within one year after this act shall take
effect.
r. The transit authority, which previously elected to make the
benefits of this section available for a limited period, may make the
benefits of such section available to those members of the uniformed
transit police force who, for reasons not ascribable to their own
negligence, failed to make timely application to be covered under such
section. The transit authority may so elect by filing with the
administrative head of the New York city employees' retirement system on
or before December thirty-first, nineteen hundred eighty, written notice
of such election together with certification that the transit police
officers concerned are not barred from participating under this section
as a result of their own negligence.
s. Upon election, any member of the uniformed transit police pension
plan who was a member of the New York city employees' retirement system
while employed as a New York city transit police force trainee shall
receive qualifying service credit in said uniformed transit police
pension plan for prior creditable service earned while employed as a
uniformed transit police force trainee, by paying into the annuity
savings fund additional member contributions plus interest which would
have been paid or credited had such member been a uniformed transit
police officer plan member from his or her last date of appointment as a
transit police force trainee or date of membership, whichever is later,
provided such payment is made within one year after this subdivision
shall take effect.
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