2006 New York Code - Optional Retirement By Members Of The Uniformed Force Of The Department Of Sanitation After Twenty Years Of Allowable Service In Such Force; Retiremen

 
    §  13-160 Optional retirement by members of the uniformed force of the
  department of sanitation after twenty years of allowable service in such
  force; retirement allowance upon service retirement. a. For the purposes
  of this section, the uniformed force of  the  department  of  sanitation
  shall  be  deemed  to  consist  of sanitation worker, assistant foreman,
  foreman, district  superintendent,  senior  superintendent,  supervising
  superintendent,  principal superintendent, city superintendent, director
  of operations and general superintendent.
    b. (1) (a) Any member who is a member of the uniformed  force  of  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 member of such force.
    (b)  Any  member  who  is  a  member  of  the  uniformed  force of 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 member of such force.
    (2)  (a)  The  rate  of  contribution  of  any such member making such
  election pursuant to subparagraph (a) or (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 member of  such  force,
  there  had  been  available  to  him or her an optional plan for service
  retirement upon completion of twenty years of  allowable  service  as  a
  member  of  the  uniformed  force  of 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  member  of  the  uniformed
  force of the department of sanitation.
    (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 member of such uniformed force 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 member of  the  uniformed
  force of 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 member of such force, 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 member of the uniformed
  force of the  department  of  sanitation  after  July  second,  nineteen
  hundred  sixty-seven  and  (b)  had  prior  membership in the retirement
  system as a member of such force 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 such  member,  pursuant  to  paragraph
  three  of  subdivision  f  of  this  section, for such minimum period of
  service as a  member  of  the  uniformed  force  of  the  department  of
  sanitation.
    d.  (1) At any time subsequent to one year after the filing of such an
  election by any member of the  uniformed  force  of  the  department  of
  sanitation  pursuant  to subdivision b or c of this section, such member
  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
  member of such force 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)  (a)  During any period wherein the provisions of this section are
  inapplicable, under the provisions of paragraph one of this  subdivision
  d,  to  any  member  who  is  a  member  of  the  uniformed force of the
  department of sanitation, 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 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  member of the uniformed force of the
  department of sanitation 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 member of such force,  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  member  of  the  uniformed  force  of  the department of
  sanitation, 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 member of such force (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  member  of such force (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 member of
  the  uniformed  force  of  the  department of sanitation, there shall be
  added to the retirement allowance to which he or she 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 member of such force, (i) exclusive of the
  value, as of the date of the completion of such twenty years of service,
  of all 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  member  of
  the  uniformed  force  of the department of sanitation, 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 such
  member's final compensation multiplied by the number of his or her years
  of  allowable service, other than such twenty years of allowable service
  as a member of the uniformed force of the department of sanitation; 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 member of such force, rendered both (i) after the
  completion of such period of twenty years of service in such  force  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  member  of  the  uniformed  force  of  the department of
  sanitation.
    i.  Notwithstanding  any  other  provision  of   this   chapter,   the
  service-fraction  of any member of the uniformed force of the department
  of sanitation who elects the benefits of this  section  shall,  for  the
  purpose  of  determining  his  or  her  retirement  allowance under this
  section, to 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 member of the uniformed
  force of 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 by such member
  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.