2006 New York Code - Payments To Transit Police Variable Supplements Funds.

 
    * §  13-193  Payments to transit police variable supplements funds. 1.
  As used in this section, the following terms shall mean and include:
    (a) "Base fiscal year". Any fiscal year of the city  beginning  on  or
  after  July first, nineteen hundred eighty-seven and ending on or before
  June thirtieth of the first TPOVSF calendar year covered  by  a  payment
  guarantee  (as  defined  in  paragraph  (g)  of  this subdivision), with
  respect to which fiscal year a determination is required to be  made  as
  to whether the retirement system is required to make a payment, pursuant
  to  the  provisions  of  this  section,  to the transit police officer's
  variable supplements fund and  the  transit  police  superior  officers'
  variable supplements fund.
    (b) "Current fiscal year". The fiscal year of the city next succeeding
  the base fiscal year.
    (c)  "Transferable  earnings".  Subject  to  the provisions of section
  13-193.1 of this chapter, the total amount obtained  in  a  base  fiscal
  year  with  respect to the New York city employees' retirement system by
  following the procedure described in paragraph twelve of  subdivision  a
  of section 13-232 of this title.
    (d)  "Amount  of assets of the retirement system". With respect to any
  base fiscal year, the aggregate amount of all assets of  the  retirement
  system on June thirtieth of such fiscal year.
    (e)  "Amount  of  transit  police  assets".  The  amount  obtained  by
  multiplying the total  assets  of  the  retirement  system  as  of  June
  thirtieth of such base fiscal year; by (i) the total salaries of transit
  police  members  of  the retirement system as of such June thirtieth and
  dividing the product by (ii)  the  total  salaries  of  members  of  the
  retirement system as of such June thirtieth.
    (f)  "Allocation  to  the  transit police variable supplements funds".
  With respect to any base  fiscal  year,  the  amount  obtained:  (i)  by
  multiplying the transferable earnings, if any, with respect to such base
  fiscal  year by the amount of transit police assets with respect to such
  base fiscal year; and
    (ii) by dividing the amount computed pursuant to subparagraph  (i)  of
  this  paragraph  by  the  amount of assets of the retirement system with
  respect to such base fiscal year.
    (g) "TPOVSF  calendar  year  covered  by  a  payment  guarantee".  The
  calendar  year  in which a guarantee, by a guarantee obligor (as defined
  in paragraph (g) of subdivision one of section 13-191  of  this  chapter
  (relating  to  the transit police officer's variable supplements fund)),
  of payment of  variable  supplements  first  takes  effect  pursuant  to
  paragraph (f) or paragraph (g) of subdivision three of section 13-191 of
  this chapter, and any succeeding calendar year.
    (h)  "TPOVSF  basis  fiscal  year related to a payment guarantee". Any
  fiscal year of the city beginning on or after July first  of  the  first
  TPOVSF  calendar  year  covered  by  a  payment guarantee (as defined in
  paragraph (g) of this subdivision).
    (i) "TPSOVSF calendar  year  covered  by  a  payment  guarantee".  The
  calendar  year  in which a guarantee, by a guarantee obligor (as defined
  in paragraph (f) of subdivision one of section 13-192  of  this  chapter
  (relating  to the transit police superior officers' variable supplements
  fund), of payment of variable supplements first take effect pursuant  to
  paragraph (f) or paragraph (g) of subdivision three of section 13-192 of
  this chapter, and any succeeding calendar year.
    (j)  "TPSOVSF  basis  fiscal year related to a payment guarantee". Any
  fiscal year of the city beginning on or after July first  of  the  first
  TPSOVSF  calendar  year  covered  by  a payment guarantee (as defined in
  paragraph (i) of this subdivision).


    2. As soon as practicable after the close of each  base  fiscal  year,
  but  not  later than August thirty-first of the current fiscal year, the
  board of the retirement system shall:
    (a)  determine, in the manner provided in paragraph (f) of subdivision
  one of this section, whether there  is  an  allocation  to  the  transit
  police variable supplements funds with respect to such base fiscal year;
  and
    (b)  the  total  contributions  made  to  the  retirement system, with
  respect to such base fiscal  year,  on  behalf  of  all  transit  police
  members  who  are police officers as of the last day of such base fiscal
  year; and
    (c) the total  contributions  made  to  the  retirement  system,  with
  respect  to  such  base  fiscal  year,  on  behalf of all transit police
  members who are transit police superior officers, as of such last day.
    3. (a) If there be  an  allocation  to  the  transit  police  variable
  supplements  funds  with  respect to the base fiscal year, determined as
  hereinabove provided, such allocation shall be divided  into  a  transit
  police  officer's  variable  supplements fund share and a transit police
  superior officers' variable supplements fund share in the ratio that the
  total contributions made to the retirement system with respect  to  such
  base  fiscal  year  on  behalf of transit police members who are transit
  police officers bears to the total contributions made to the  retirement
  system with respect to such base fiscal year on behalf of transit police
  members  who  are transit police superior officers, as computed for such
  base fiscal year pursuant to the provisions of paragraphs (b) and (c) of
  subdivision two of this section.
    (b) On or before August thirty-first of the current fiscal  year,  the
  retirement  system  shall  pay  from  the contingent reserve fund to the
  transit police officer's  variable  supplements  fund  and  the  transit
  police  superior  officers'  variable  supplements fund their respective
  shares of such allocation to the  transit  police  variable  supplements
  funds,  as  such  shares  are computed pursuant to paragraph (a) of this
  subdivision.
    4. The determination as to whether  there  are  transferable  earnings
  with  respect  to  each base fiscal year (as defined in paragraph (a) of
  subdivision one of this section), and if  there  are  such  transferable
  earnings, the amount thereof, shall be made as follows:
    (a)   for   the   nineteen   hundred   eighty-seven--nineteen  hundred
  eighty-eight base fiscal year, such determination shall be made pursuant
  to the preceding subdivisions of this section;
    (b)  for   the   nineteen   hundred   eighty-eight--nineteen   hundred
  eighty-nine  and  nineteen  hundred eighty-nine--nineteen hundred ninety
  base fiscal years, such determination shall  be  made  pursuant  to  the
  preceding subdivisions of this section, as modified by the provisions of
  subdivisions  one  through  five, inclusive, of section 13-193.1 of this
  chapter, as such subdivisions one through five  were  in  effect  during
  such base fiscal years;
    (c)  for the nineteen hundred ninety--nineteen hundred ninety-one base
  fiscal year and each succeeding base fiscal year to  and  including  the
  last base fiscal year (as defined in paragraph (a) of subdivision one of
  this  section),  such  determination  shall  be  made  pursuant  to  the
  preceding subdivisions of this section and subdivision  six  of  section
  13-193.1 of this chapter; and
    (d)  for  the  purpose  of  applying  subdivision  six of such section
  13-193.1  pursuant  to  the  provisions  of  paragraph   (c)   of   this
  subdivision,  such  subdivision six shall be deemed to refer only to the
  base fiscal years mentioned in such paragraph (c).


    5. The preceding subdivisions of this section shall be inapplicable to
  determination of any and all rights  of  the  transit  police  officer's
  variable  supplements  fund and of the transit police superior officers'
  variable supplements fund to any payments  from  the  retirement  system
  derived from or based on investment earnings of the retirement system in
  any  fiscal  year  of  the city commencing on or after July first of the
  first TPOVSF calendar year covered by a payment guarantee (as defined in
  paragraph (g) of subdivision one of this section).
    6. The determination as to whether the retirement system  is  required
  to  pay  any monies to the transit police officer's variable supplements
  fund with respect to all TPOVSF basis fiscal years related to a  payment
  guarantee  (as  defined  in  paragraph  (h)  of  subdivision one of this
  section), and if any such monies are so  payable,  the  amount  thereof,
  shall be made pursuant to section 13-193.2 of this chapter.
    7.  (a)  The  determination  as  to  whether  the retirement system is
  required to pay any monies to  the  transit  police  superior  officers'
  variable  supplements  fund with respect to the fiscal years of the city
  occurring during the period beginning on July first of the first  TPOVSF
  basis  fiscal  year  related  to  a  payment  guarantee  (as  defined in
  paragraph (h) of subdivision one of this section)  and  ending  on  June
  thirtieth  next preceding the first TPSOVSF basis fiscal year related to
  a payment guarantee (as defined in such paragraph (j)), and if any  such
  monies  are  so  payable,  the amount thereof, shall be made pursuant to
  section 13-193.3 of this chapter.
    (b) The determination as to whether the retirement system is  required
  to  pay  any  monies  to  the transit police superior officers' variable
  supplements fund with respect to all TPSOVSF basis fiscal years  related
  to  a  payment  guarantee (as defined in such paragraph (j)), and if any
  such monies are so payable, the amount thereof, shall be  made  pursuant
  to section 13-193.6 of this chapter.
    * NB There are 2 § 13-193's