2006 New York Code - Vested Retirement Rights; Sanitation Members.

 
    §  13-173.1  Vested  retirement  rights;  sanitation members.   a. Any
  member, other than a member who is subject to  article  fifteen  of  the
  retirement and social security law, who:
    (1) on or after July first, nineteen hundred eighty-four, discontinues
  sanitation service other than by death, retirement or dismissal; and
    (2) is a sanitation member at the time of such discontinuance; and
    (3)  prior  to  such  discontinuance,  completed five or more years of
  allowable sanitation service; and
    (4) at least thirty days prior to the  date  of  such  discontinuance,
  files  with  the  board  a  duly  executed  application  for  a deferred
  retirement allowance hereunder, which filing shall be made  not  earlier
  than December eighteenth, nineteen hundred eighty-four; and
    (5) does not withdraw his or her accumulated deductions in whole or in
  part;
  shall  have a vested right to receive a deferred retirement allowance as
  provided in this section.
    b. (1) Such deferred retirement  allowance  shall  vest  automatically
  upon such discontinuance.
    (2)  Such  retirement  allowance  shall become payable on the earliest
  date on which such discontinued sanitation member could have retired for
  service as a sanitation member if discontinuance had not occurred.
    c.  (1)  Such  deferred  retirement  allowance  for   a   discontinued
  sanitation member shall consist of:
    (a) an annuity which is the actuarial equivalent of an amount equal to
  the  member's  accumulated  deductions  for  the  period  of  his or her
  sanitation service, plus any accumulated  contributions  transferred  to
  his  or her credit pursuant to section forty-three of the retirement and
  social security law, as the total of  such  accumulated  deductions  and
  contributions  is  on  the earliest date on which such member could have
  retired for service as a sanitation member; and
    (b) a pension, which together with his or her annuity shall  be  equal
  to:
    (i)  in  the  case of any discontinued sanitation member whose minimum
  period for service retirement as a sanitation member  is  twenty  years,
  two  and  one-half percent of his or her annual earnable compensation on
  the date of his or her discontinuance of service, multiplied by a number
  equal to the number of years of  allowable  sanitation  service  not  in
  excess  of  twenty  years  credited  to  him  or her on the date of such
  discontinuance, plus the amount produced by multiplying one  per  centum
  of  his  or  her  final  compensation (as defined in subdivision nine of
  section 13-101 of this chapter) by the number of his  or  her  years  of
  allowable  service,  other  than  the  first  twenty  years of allowable
  sanitation service, plus the amount produced by multiplying one-half  of
  one  per  centum  of  his  or her final compensation (as defined in such
  subdivision nine) by the  number  of  his  or  her  years  of  allowable
  sanitation service rendered both (A) after completion of twenty years of
  allowable sanitation service and (B) after July second, nineteen hundred
  sixty-five; or
    (ii)  in  the  case  of a discontinued sanitation member whose minimum
  period for service retirement as  a  sanitation  member  is  twenty-five
  years,  one service fraction (as defined by paragraph two of subdivision
  d of section 13-154 of this chapter) of his or  her  final  compensation
  (as  defined  in  subdivision  nine  of  section 13-101 of this chapter)
  multiplied by the number of years of his or her allowable service,  plus
  the  amount  produced by multiplying one-half of one service fraction of
  his or her final compensation (as defined in such subdivision  nine)  by
  the  number of his or her years of allowable sanitation service rendered
  after July second, nineteen hundred sixty-five.


    (2) For the purpose only of determining the pension  portion  of  such
  retirement  allowance pursuant to subparagraphs (a) and (b) of paragraph
  one of this subdivision, the annuity referred to  in  such  subparagraph
  (a)  shall  be computed as it would be (i) if it were not reduced by the
  actuarial  equivalent  of  any  outstanding  loan,  (ii)  if it were not
  increased by the actuarial equivalent of any  additional  contributions,
  (iii)  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  (iv)  as  it  would  be without any
  optional modification.
    d. Regular interest on the accumulated deductions  of  a  discontinued
  sanitation  member and on his or her reserve-for-increased-take-home-pay
  shall be credited after discontinuance of sanitation service at the rate
  which would be applicable if he or she had not discontinued service.
    e. If a discontinued sanitation member dies before the  earliest  date
  on  which  such  discontinued  sanitation  member could have retired for
  service as a sanitation member if discontinuance had not  occurred,  his
  or  her  accumulated  deductions  shall  be  paid (1) to the beneficiary
  designated by him or her pursuant to section 13-148 of this  chapter  to
  receive  his  or  her  accumulated  deductions  in  the  event that such
  deductions become payable under such section, or (2) if such member  has
  made no such designation, to his or her estate.
    f. A discontinued sanitation member may elect any option under section
  13-177  of this chapter at any time prior to the first payment of his or
  her retirement allowance under this section.
    g. Withdrawal of accumulated deductions, in whole or  in  part,  after
  discontinuance  of city-service, shall terminate the right to a deferred
  retirement allowance under this section.
    h. If a discontinued sanitation member who has not  withdrawn  his  or
  her  accumulated  deductions  in  whole  or  in  part shall subsequently
  re-enter  city-service  before  the  earliest   date   on   which   such
  discontinued  sanitation  member  could  have  retired  for service as a
  sanitation member if discontinuance had not occurred:
    (i) he or she shall be credited with regular interest on  his  or  her
  accumulated        deductions        and        his        or        her
  reserve-for-increased-take-home-pay from the time of such discontinuance
  to the time of his or her re-entry into service, at the rate which would
  have been applicable if  he  or  she  had  not  discontinued  sanitation
  service; and
    (ii)  if  such  re-entry  into  city-service  is  in a position in the
  uniformed force of the department of sanitation,  he  or  she  shall  be
  entitled  to  the  service  credit  and  status  to  which he or she was
  entitled immediately prior to his or her  discontinuance  of  sanitation
  service; and
    (iii) if such re-entry into city-service is in a position which is not
  in  the uniformed force of the department of sanitation, he or she shall
  be entitled to the service credit and status to  which  he  or  she  was
  entitled  immediately  prior  to his or her discontinuance of sanitation
  service, subject to and not inconsistent  with  the  provisions  of  law
  governing  the  new  retirement plan of which he or she becomes a member
  upon such re-entry into city-service.
    i. (1) If a discontinued sanitation member who has not  withdrawn  his
  or her accumulated deductions in whole or in part shall subsequently and
  on  or  after  the  earliest  date on which such discontinued sanitation
  member could  have  retired  for  service  as  a  sanitation  member  if
  discontinuance had not occurred, re-enter service in the uniformed force
  of  the department of sanitation, the payment of his or her pension only


  shall be suspended and forfeited during  the  period  of  such  service,
  except as herein otherwise provided.
    (2) Such member may again become a member of the retirement system if,
  within  ninety  days  after his or her return to such service, he or she
  files a duly executed and acknowledged application for such membership.
    (3) If such beneficiary shall again become a member of the  retirement
  system,  the  payment  of his or her annuity shall also be suspended and
  forfeited and his or her annuity reserve shall be transferred to his  or
  her  credit  in the annuity savings fund and he or she shall become such
  member as a new entrant, subject to the rights of such beneficiary under
  subdivision b of section six hundred  fourteen  of  the  retirement  and
  social  security law; provided, however, that he or she shall contribute
  to the retirement system at the rate (before modification,  if  any,  to
  which   such   member   may   be   entitled   under   any   program  for
  increased-take-home-pay) at which he or she would have been contributing
  if he or she had not discontinued sanitation service. Upon  his  or  her
  subsequent  retirement  as  a  sanitation  member,  he  or  she shall be
  credited with all of his or her service as a member subsequent to his or
  her last restoration to membership and he or she shall receive  therefor
  a  retirement  allowance, payable in such form as he or she shall select
  under section 13-177 of this chapter, consisting of:
    (i) an annuity which  is  the  actuarial  equivalent  of  his  or  her
  accumulated deductions at the time of his or her retirement; and
    (ii)  a  pension  equal  to the amount produced by multiplying one per
  centum of his or her final compensation (as defined in subdivision  nine
  of  section 13-101 of this chapter) by the number of his or her years of
  allowable service credited to him or her from such date of re-entry; and
    (iii) a pension equal to the amount produced by  multiplying  one-half
  of  one  per centum of his or her final compensation (as defined in such
  subdivision nine) by the  number  of  his  or  her  years  of  allowable
  sanitation  service  rendered  by him or her from such date of re-entry;
  and
    (iv)  a  pension-providing-for-increased-take-home-pay  which  is  the
  actuarial equivalent of the reserve-for-increased-take-home-pay to which
  he  or  she  may  be  entitled,  if  any,  for  the period of his or her
  allowable sanitation service rendered by him or her from  such  date  of
  re-entry.
    (4)  In  addition,  upon  his  or her subsequent retirement, he or she
  shall receive the pension which he or she was receiving or  entitled  to
  receive immediately prior to his or her last restoration.
    (5)  In  lieu  of  suspension, during restoration to city-service as a
  sanitation member, of any benefits payable in the event of  his  or  her
  death  by  reason  of  any  optional  selection in respect to his or her
  pension, any such beneficiary may pay to the fund or  funds  from  which
  his  or her ordinary pension was payable, the amount by which his or her
  ordinary pension exceeded the optional pension heretofore granted to him
  or her, in which event such  optional  benefit  shall  continue  and  be
  payable  in  the  event  of  his  or  her death as though no payment was
  suspended.
    j. If a discontinued sanitation member who has not  withdrawn  his  or
  her accumulated deductions in whole or in part shall subsequently and on
  or  after the earliest date on which such discontinued sanitation member
  could have retired for service as a sanitation member if  discontinuance
  had  not  occurred,  re-enter  city-service  in  a position other than a
  position in the uniformed force of the  department  of  sanitation,  the
  rights,  privileges and benefits of such re-entered beneficiary shall be
  as provided for in section 13-178 of this  chapter,  provided,  however,
  that  if  such  a re-entered beneficiary, upon re-entering city-service,


  becomes a member of the uniformed transit police  force  and  a  transit
  police  member  or  becomes a member of the housing police service and a
  housing police member, or becomes a member of the  uniformed  correction
  force  and  a  correction  member,  his  or  her  rights, privileges and
  benefits shall be as prescribed by applicable provisions  of  law  in  a
  case   where   a   discontinued  member  of  the  same  force  re-enters
  city-service in the same force after his or her retirement allowance  as
  a discontinued member has become payable and again becomes a member of a
  retirement  plan  provided by sections 13-155, 13-156 and 13-157 of this
  chapter for such force.
    k. As used in  this  section,  the  following  terms  shall  have  the
  following meanings:
    (1)  "Sanitation  service."  Service  in  the  uniformed  force of the
  department of sanitation,  as  such  force  is  defined  in  subdivision
  sixty-two  of  section  13-101  of  this chapter and such term shall not
  include service credit acquired  by  transfer  or  otherwise  under  any
  provision  of  law;  provided,  however,  that  such  term shall include
  service credited to a  sanitation  member  for  retirement  and  pension
  purposes pursuant to section 13-153 of this chapter.
    (2)  "Discontinued  sanitation  member."  A  sanitation member who has
  discontinued sanitation service and has a vested  right  to  a  deferred
  retirement allowance under this section.
    l.  Notwithstanding  any other provision of law, a discontinued member
  with ten or more years of credited service in the retirement system  who
  dies  before  a  retirement benefit becomes payable and who is otherwise
  not entitled to a death benefit from  the  retirement  system  shall  be
  deemed  to  have died on the last day that he or she was in service upon
  which his or her membership was based for purposes  of  eligibility  for
  the  payment  of  a  death benefit pursuant to the provisions of section
  13-148 of this title. The death benefit payable in such  case  shall  be
  one-half  of  that which would have been payable had such member died on
  the last day that service was rendered.
    m. Nothing contained in this section  shall  be  construed  as  making
  article eleven of the retirement and social security law inapplicable to
  the  entitlement  and  rights,  under  this  section,  of  any member or
  beneficiary who is subject to the provisions of such article eleven.