2006 New York Code - Election And Assignment Of Retirement Plans With Respect To Certain Members.

 
    §  13-165  Election and assignment of retirement plans with respect to
  certain members. a. Notwithstanding any other provision of this  chapter
  to the contrary, any member in city-service who:
    (1)   did   not,   prior   to   filing  an  application  to  become  a
  fifty-five-year-increased-service-fraction member as hereinafter in this
  subdivision a provided, file an application to become a  career  pension
  plan member pursuant to subparagraph (a) of paragraph one of subdivision
  a  of  section  13-162  of  this chapter, relating to the career pension
  plan; and
    (2) at the time of  filing  an  application  as  hereinafter  in  this
  subdivision a provided, holds a career pension plan position; may elect,
  by  a  written  application  duly  executed  and filed with the board of
  estimate on or after the date of enactment of this section and prior  to
  July first, nineteen hundred sixty-eight, that commencing on July first,
  nineteen  hundred  sixty-eight,  his  or  her  minimum  age  for service
  retirement shall be fifty-five years and his or her pension, upon his or
  her retirement for service, shall be determined  pursuant  to  paragraph
  seven of subdivision a of section 13-172 of this chapter for the service
  mentioned  in  such  paragraph;  provided,  however,  that if any member
  filing      such      an       application       to       become       a
  fifty-five-year-increased-service-fraction member is not in city-service
  in  a  career  pension  plan  position  on  July first, nineteen hundred
  sixty-eight, such application shall be void and of no effect.
    b.  Notwithstanding  any  other  provision  of  this  chapter  to  the
  contrary, any member in city-service on June thirtieth, nineteen hundred
  sixty-eight, who:
    (1) on such date held a career pension plan position; and
    (2)  is  not,  at  the time of filing an application as hereinafter in
  this subdivision b provided, either a career pension plan  member  or  a
  former  career  pension  plan  member who, by withdrawal, ceased to be a
  career pension plan member; and
    (3) at the time of  filing  an  application  as  hereinafter  in  this
  subdivision  b  provided, holds a career pension plan position; may by a
  written application duly executed and filed with the board on  or  after
  July  first,  nineteen  hundred  sixty-eight,  and  prior  to July first
  nineteen hundred seventy, elect that his or her minimum age for  service
  retirement  shall  be fifty-five years and that his or her pension, upon
  his or her retirement for  service,  shall  be  determined  pursuant  to
  paragraph  seven  of subdivision a of section 13-172 of this chapter for
  the service mentioned in such paragraph.
    c. The normal rate of contribution  of  each  member  making  such  an
  election  pursuant  to  subdivision  a  or subdivision b of this section
  shall, commencing on June twenty-ninth, nineteen hundred sixty-eight, be
  that prescribed by the applicable  provisions  of  subparagraph  (d)  of
  paragraph two of subdivision a of section 13-125 of this chapter.
    d.  (1)  Notwithstanding  any  other  provision of this chapter to the
  contrary, but subject  to  the  provisions  of  paragraph  two  of  this
  subdivision  d,  any  member  who  last  becomes  a  member  after  June
  thirtieth,  nineteen  hundred  sixty-eight,  shall,  during  any  period
  wherein he or she holds a career pension plan position:
    (a) have a minimum service retirement age of fifty-five years; and
    (b)  be entitled, upon retirement for service, to a pension determined
  pursuant to paragraph seven of subdivision a of section 13-172  of  this
  chapter,  with  respect to the years of allowable service of such member
  mentioned in such paragraph seven.
    (2) The provisions of paragraph one of this  subdivision  d  shall  be
  inapplicable  to  any  member  who  last  becomes  a  member  after June
  thirtieth, nineteen hundred sixty-eight, during any period wherein he or


  she is a career pension plan member pursuant to section 13-162  of  this
  chapter, relating to the career pension plan.
    e.  (1)  Notwithstanding  any  other  provision of this chapter to the
  contrary, but subject to the  provisions  of  paragraph  three  of  this
  subdivision  e,  any member (other than a career pension plan member who
  has completed  twenty-five  years  of  career  pension  plan  qualifying
  service), regardless of when he or she last became a member, who:
    (a)  after  June thirtieth, nineteen hundred sixty-eight, first begins
  city-service in any position mentioned in paragraph (a)  of  subdivision
  forty-seven  of section 13-101 of this chapter, or in subparagraphs two,
  three and four of paragraph (b) of such subdivision; or
    (b) after such date, resumes city-service in any position mentioned in
  such paragraph (a) or subparagraphs two, three and four;  shall,  during
  any  period  wherein he or she holds any such position mentioned in such
  paragraph or subparagraphs and wherein  he  or  she  is  not  a  transit
  twenty-year plan member, a transit police member, a correction member or
  a  housing  police  member,  have  a  minimum  service retirement age of
  fifty-five years and shall be  entitled,  upon  retirement  for  service
  during such period, to a pension determined pursuant to paragraph six of
  subdivision  a  of  section  13-172  of this chapter with respect to the
  years of allowable service of such member mentioned in such paragraph.
    (2)    (a)    The    normal    rate    of    contribution    of    any
  fifty-five-year-one-per-centum  member who became such a member pursuant
  to paragraph one of this subdivision e after last becoming a member, and
  who had a  rate  of  contribution  other  than  as  prescribed  in  this
  subparagraph     (a)     immediately     before     so     becoming    a
  fifty-five-year-one-per-centum member, shall be that  which  would  have
  been  established  for  such  member,  on the basis of the tables herein
  authorized with respect to group three mentioned  in  subdivision  b  of
  section  13-172  of this chapter, and regular interest, if he or she had
  become a  fifty-five-year-one-per-centum  member  on  the  date  of  the
  commencement of his or her last membership in the retirement system.
    (b)  Any  member  who last becomes a member at the time when he or she
  becomes a fifty-five-year-one-per-centum member  pursuant  to  paragraph
  one of this subdivision e, shall contribute to the retirement system, on
  the  basis  of  the tables herein authorized with respect to group three
  mentioned in subdivision b  of  section  13-172  of  this  chapter,  and
  regular   interest,   for   the   right  to  retire  for  service  as  a
  fifty-five-year-one-per-centum member.
    (3) Nothing contained in paragraph one of this subdivision e shall  be
  construed       as       withholding      the      status      of      a
  fifty-five-year-increased-service-fraction member where such  status  is
  granted  by  any  provision  of  this  chapter  prescribing  rights upon
  cessation of status as a transit twenty-year plan member.
    (4) (a) Notwithstanding any other  provision  of  this  title  to  the
  contrary, any transit-hourly-paid employee, as defined in section 13-161
  of  this  chapter, subject to the provisions of subparagraph (c) of this
  paragraph, who last became  a  member  prior  to  July  first,  nineteen
  hundred  seventy-six,  shall,  during  any  period wherein he holds such
  position and wherein he is not a transit twenty-year plan member,  be  a
  fifty-five  year  increased-service-fraction  member  and have a minimum
  service retirement age of fifty-five years and shall be  entitled,  upon
  retirement  for  service  during  such  period,  to a pension determined
  pursuant to paragraph seven of subdivision a of section 13-172  of  this
  chapter  with  respect  to the years of allowable service of such member
  mentioned in such paragraph.
    (b)  The  normal  rate  of  contribution  of   any   fifty-five   year
  increased-service-fraction  member  who became such a member pursuant to


  this paragraph, shall be that which would have been established for such
  member, on the basis of the tables herein  authorized  with  respect  to
  group three mentioned in subdivision b of section 13-172 of this chapter
  and  regular interest, if he had become a fifty-five year one per centum
  member on the date of the commencement of his  last  membership  in  the
  retirement system.
    (c)  The  provisions  of  this paragraph shall not apply to any member
  mentioned in subparagraph (a) of  this  paragraph,  unless  such  member
  shall    file    an    application   to   become   a   fifty-five   year
  increased-service-fraction member on or  before  December  thirty-first,
  nineteen hundred eighty-eight.
    (d)  The  provisions of this paragraph shall also be applicable to any
  member mentioned in subparagraph (a) of this paragraph who retired after
  August of nineteen hundred eighty-five, who would have been eligible  to
  become  a fifty-five year increased-service-fraction member, if he shall
  file an application to become  such  a  member  on  or  before  December
  thirty-first, nineteen hundred eighty-eight.
    f.   Status  as  a  fifty-five-year-increased-service-fraction  member
  acquired under this section shall be subject to change at  the  election
  of  the  member  as provided for by the applicable provisions of section
  13-162 of this chapter.