2006 New York Code - Optional Retirement By Sanitation Workers After Twenty Years Of Allowable Service In Such Capacity In The Department Of Sanitation; Retirement Allowan

 
    §  13-159 Optional retirement by sanitation workers after twenty years
  of allowable service in such capacity in the department  of  sanitation;
  retirement  allowance  upon  service  retirement. a. For the purposes of
  this section, the term "sanitation worker" shall mean a  person  holding
  the  position  of  sanitation  worker  in  the sanitation service of the
  classification of the city civil service commission.
    b. (1) (a) Any member who is in service as a sanitation worker in  the
  department  of  sanitation  on  the second day of July, nineteen hundred
  sixty-seven,  may,  by  a  written   application   duly   executed   and
  acknowledged and filed with the board prior to the first day of January,
  nineteen  hundred  sixty-eight,  elect  to  contribute to the retirement
  system for the right to retire after twenty years of  allowable  service
  as a sanitation worker in such department.
    (b)  Any  member  who  is  in  service  as  a sanitation worker in the
  department of sanitation on the effective date of this subparagraph  (b)
  and  at  the  time  of  filing  an  application  as  hereinafter in this
  subparagraph (b) provided, may by a written  application  duly  executed
  and  acknowledged  and  filed  with  the board prior to the first day of
  January, nineteen hundred seventy, elect to contribute to the retirement
  system for the right to retire after twenty years of  allowable  service
  as a sanitation worker in such department.
    (2)  (a)  The  rate  of  contribution  of  any such member making such
  election pursuant to subparagraph (a) or subparagraph (b)  of  paragraph
  one  of  this  subdivision  b,  and  whose  rate  of contribution is not
  required to be determined pursuant to paragraph three of  subdivision  c
  of  this  section,  by reason of an election made in compliance with the
  provisions of paragraph one of such subdivision c, shall be 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) which  would  have  been
  established for such member if:
    (i)  at  the  time of his or her appointment as a sanitation worker in
  such department, there had been available to him or her an optional plan
  for service retirement upon completion  of  twenty  years  of  allowable
  service  as  a  sanitation  worker in the department of sanitation, at a
  retirement allowance, for  the  first  twenty  years  of  such  service,
  consisting  of a pension and an annuity of twenty-five seventy-fifths of
  such pension, which together would equal one-half of the member's annual
  salary or compensation at the time of retirement; and
    (ii) such member had then elected the benefits of such plan; and
    (iii) such member's rate of contribution had  then  been  fixed  as  a
  proportion  of  his  or  her compensation which, when deducted from each
  payment of his or her prospective earnable compensation prior to his  or
  her  eligibility  for  service  retirement  and  accumulated  at regular
  interest until completion of his  or  her  minimum  period  for  service
  retirement, would be computed to provide, at that time, an annuity equal
  to  twenty-five  seventy-fifths  of the pension then allowable to him or
  her for such minimum period of service as a sanitation worker.
    (b) The rate of contribution prescribed by subparagraph  (a)  of  this
  paragraph two with respect to any such member shall begin on July third,
  nineteen  hundred  sixty-seven or on the date of the commencement of his
  or her service both as a sanitation worker in such department and  as  a
  member of the retirement system, whichever is later.
    c.  (1)  Subject  to  the  privilege  of electing the benefits of this
  section conferred by subparagraph (b) of paragraph one of subdivision  a
  of  this section, any person who is appointed a sanitation worker in the
  department of sanitation on or after the third  day  of  July,  nineteen
  hundred  sixty-seven,  may  elect to contribute to the retirement system


  for the right to retire after twenty years of  allowable  service  as  a
  sanitation  worker  in such department, by executing and acknowledging a
  written election to such effect and by filing  such  election  with  the
  board:
    (a) prior to certification of his or her rate of contribution, if such
  person  is  not  a  member  of the retirement system at the time of such
  appointment; and
    (b) within thirty days after such appointment, if  such  person  is  a
  member of the retirement system at the time of such appointment.
    (2)   Notwithstanding   the   provisions  of  paragraph  one  of  this
  subdivision c, any person who (a) is appointed a  sanitation  worker  in
  the  department  of  sanitation  after  July  second,  nineteen  hundred
  sixty-seven and (b) had prior membership in the retirement system  as  a
  sanitation   worker   occurring  after  July  second,  nineteen  hundred
  sixty-seven and prior to such appointment, and (c)  did  not  elect  the
  benefits  of  this  section  during  such  prior membership mentioned in
  subparagraph (b) of this paragraph  two,  or,  after  having  made  such
  election,  withdrew  same,  shall  not,  except as otherwise provided in
  subparagraph (b) of paragraph one of subdivision b of this  section,  be
  eligible to elect the benefits of this section, whether or not he or she
  is a member of the retirement system at the time of such appointment.
    (3)  Upon  the  basis  of  the  tables  herein authorized, and regular
  interest, the actuary of such board shall determine for each such person
  making such election pursuant to this subdivision c, the  proportion  of
  compensation  which,  when  deducted  from  each  payment  of his or her
  prospective earnable compensation prior to his or  her  eligibility  for
  service  retirement and accumulated at regular interest until completion
  of his or her period  for  service  retirement,  shall  be  computed  to
  provide, at that time, an annuity equal to twenty-five seventy-fifths of
  the pension then allowable to him or her, pursuant to paragraph three of
  subdivision  f  of this section, for such minimum period of service as a
  sanitation worker.
    d. (1) At any time subsequent to one year after the filing of such  an
  election by any sanitation worker pursuant to subdivision b or c of this
  section,  he  or she may withdraw such election by making, acknowledging
  and  filing  with  the  board  a  written  withdrawal.  Thereafter   the
  provisions  of  this section shall be inapplicable to such member and he
  or she shall not be  eligible  to  elect  again  the  benefits  of  this
  section;  provided, however, that a sanitation worker who has previously
  withdrawn such an election shall not thereby be prevented from  electing
  the  benefits  of  this  section  in  compliance  with the provisions of
  subparagraph (b) of paragraph one of subdivision b of this section.
    (2) In any case where any  sanitation  worker  in  the  department  of
  sanitation has elected the benefits of this section and shall thereafter
  cease  to  be  a sanitation worker in such department, the provisions of
  this section, notwithstanding any other provision of this chapter, shall
  be inapplicable to such member during any period wherein he or she  does
  not hold such position.
    (3)  (a)  During any period wherein the provisions of this section are
  inapplicable, under the provisions of  paragraph  one  or  two  of  this
  subdivision  d,  to any member who is a member of the uniformed force of
  the department of sanitation (as defined in  subdivision  a  of  section
  13-154  of  this chapter), the rate of contribution of such member shall
  be as prescribed by the applicable provisions of  subparagraph  (a)  and
  (b)  of paragraph two of subdivision a of section 13-125 of this chapter
  and the eligibility and rights of such member with  respect  to  service
  retirement  and  other  benefits under this chapter shall be governed by


  the applicable provisions of this chapter in the same manner as if  such
  member had not elected the benefits of this section.
    (b)  During  any  period  wherein  the  provisions of this section are
  inapplicable, under the provisions of  paragraph  one  or  two  of  this
  subdivision  to  a  member  who is not a member of such uniformed force,
  such member shall contribute to the retirement system  and  his  or  her
  eligibility  and  rights with respect to retirement for service shall be
  governed by the provisions of this chapter applicable to  a  member  who
  has  elected to contribute to such system on the basis of selection of a
  service fraction of one one-hundredth of his or her  final  compensation
  and  attainment  of eligibility for service retirement upon reaching the
  age of fifty-five years.
    e. Any member who (1) is a sanitation worker in such department at the
  time of filing application for service retirement  under  this  section,
  and (2) has elected the benefits of this section pursuant to subdivision
  b  or  c  of  this  section and has not withdrawn such election, and (3)
  shall have at least twenty years of allowable service  as  a  sanitation
  worker  in  such  department, 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.
  Upon such retirement, such member shall receive, in lieu  of  any  other
  retirement  allowance  for  service  provided  for  by  this  chapter, a
  retirement allowance as provided for in subdivisions f, g and h of  this
  section.
    f.  On  account  of  the first twenty years of such member's allowable
  service as a sanitation worker in  such  department,  he  or  she  shall
  receive a retirement allowance consisting of:
    (1)  An annuity which shall be, subject to the provisions of paragraph
  g  of  this  section,  the  actuarial  equivalent  of  the   accumulated
  deductions  from  his  or  her pay during such period of twenty years of
  service as a sanitation worker (including regular interest to  the  date
  of completion of such period of service); and
    (2)   A  pension-providing-for-increased-take-home-pay  which  is  the
  actuarial equivalent of the reserve-for-increased-take-home-pay, if any,
  to which he or she may be entitled for such period of  twenty  years  of
  service  as  a sanitation worker (including regular interest to the date
  of completion of such period of service); and
    (3)  A  pension,  which,  when  added  to  such   annuity   and   such
  pension-providing-for-increased-take-home-pay,   produces  a  retirement
  allowance equal to one-half of his or her annual salary or  compensation
  when so retired.
    g.  For  the  purpose  only  of  determining the amount of the pension
  payable pursuant to paragraph three of subdivision f  of  this  section,
  the  annuity  referred  to in paragraph one of such subdivision, if any,
  shall be computed, as it would be, (1) if it were  not  reduced  by  the
  actuarial  equivalent  of  any  outstanding  loan,  (2)  if  it were not
  increased by the actuarial equivalent of any  additional  contributions,
  (3)  if  it  were  not  reduced  by  reason  of the member's election to
  decrease his or her annuity contributions in order to apply  the  amount
  of such reduction in payment of his or her contributions for old-age and
  survivors  insurance  coverage,  and  (4)  as  it  would  be without any
  optional modification.
    h. For allowable service rendered by such a member in addition to  and
  in  excess  of  such  first  twenty  years  of  allowable  service  as a
  sanitation worker, there shall be added to the retirement  allowance  to
  which such member is entitled under subdivision f of this section:
    (1) an annuity which shall be computed in the following manner:


    (a)  there  shall  be  added  together:  (i)  the  total amount of the
  accumulated deductions of such member, whenever made, as the same are on
  the date of his or her retirement, including all  voluntary,  additional
  contributions,  whenever  made;  and (ii) the amount of any loan to such
  member outstanding as of the date of his or her retirement;
    (b) there shall be determined the amount of the accumulated deductions
  credited to such member with respect to the first twenty years of his or
  her  allowable  service  as  a sanitation worker in such department, (i)
  exclusive of the value, as of the date of the completion of such  twenty
  years   of   service,  of  all  of  his  or  her  voluntary,  additional
  contributions made with respect to such period, and  (ii)  exclusive  of
  the value of any accumulated deductions, including voluntary, additional
  contributions, credited with respect to any period of allowable service,
  other than as a sanitation worker, rendered by such member prior to such
  date,  and  (iii)  treating  such accumulated deductions with respect to
  such first twenty years of service, as they would be if not  reduced  by
  any loan made by such member;
    (c)  the  annuity  to  which  such member shall be entitled under this
  paragraph one  shall  be  the  actuarial  equivalent  of  the  remainder
  obtained by subtracting the sum computed pursuant to subparagraph (b) of
  this  paragraph  from  the  sum computed pursuant to subparagraph (a) of
  this paragraph; and
    (2) a pension which shall be equal to one service-fraction of  his  or
  her  final  compensation multiplied by the number of his or her years of
  allowable service, other than such twenty years of allowable service  as
  a sanitation worker; and
    (3)  a  further  pension of one-half of one service-fraction of his or
  her final compensation multiplied by the number of his or her  years  of
  allowable  service  as  a sanitation worker in such department, rendered
  both (i) after the completion of such period of twenty years of  service
  in   such   capacity  and  (ii)  after  July  second,  nineteen  hundred
  sixty-five; and
    (4) 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 be entitled, if  any,  for  all  periods  of  his  or  her
  allowable  service  other  than such period of twenty years of allowable
  service as a sanitation worker.
    i.  Notwithstanding  any  other  provision  of   this   chapter,   the
  service-fraction  of  any  sanitation  worker who elects the benefits of
  this section shall, for the purpose of determining his or her retirement
  allowance under this section, be one one-hundredth of his or  her  final
  compensation.
    j.  In  any  case  where,  with  respect  to  any  period  wherein the
  provisions of this section are applicable to a sanitation worker in  the
  department  of  sanitation  by  reason  of  his  or  her election of the
  benefits hereof, deductions are required to be  made  from  his  or  her
  compensation  pursuant  to  the  provisions  of  section  13-108 of this
  chapter by reason of an application for service credit filed by  him  or
  her  under  such  section,  such  deductions with respect to such period
  shall be made on the basis of his or her  normal  rate  of  contribution
  under the provisions of this section.