2006 New York Code - Deferred Eligibility Of Certain Retirees, Withdrawn Contributors And Discontinued Members For Benefits Under Certain Pension Plans.

 
    §   13-549   Deferred   eligibility  of  certain  retirees,  withdrawn
  contributors and discontinued members for benefits under certain pension
  plans. a. Notwithstanding any other  provision  of  this  title  to  the
  contrary, any contributor:
    (1) Who:
    (a)   heretofore   and  on  or  after  July  first,  nineteen  hundred
  sixty-nine,  re-entered  member-service  (as  defined   in   subdivision
  fifteen-a of section 13-501 of this chapter) or shall hereafter re-enter
  member-service,  after  having  been,  immediately  prior  to  any  such
  re-entry, a person whose last preceding member-service was terminated by
  retirement, withdrawal from  membership  in  the  retirement  system  or
  discontinuance  of service so as to become a discontinued member, and at
  the time of his or  her  retirement,  withdrawal  or  discontinuance  of
  service  so  as to become a discontinued member, as the case may be, was
  not    a    twenty-year    pension    plan     contributor     or     an
  age-fifty-five-increased-benefits pension plan contributor; or
    (b)  first  enters  member-service  on  or  after July first, nineteen
  hundred seventy after having rendered city-service prior to the date  of
  such first entry; and
    (2) who:
    (a)  where  eligible  to  elect  to  become a twenty-year pension plan
  contributor under section  13-547  of  this  chapter  (relating  to  the
  twenty-year pension plan), elects to become such a contributor; or
    (b)  where  eligible  to  elect  to become an age-fifty-five-increased
  benefits pension plan contributor under section 13-548 of  this  chapter
  (relating to the age-fifty-five-increased-benefits pension plan), elects
  to become such a contributor; or
    (c)   becomes   an   age-fifty-five-increased-benefits   pension  plan
  contributor under the provisions of subdivision d of such section 13-548
  of   this   chapter   (relating   to   required   membership   in    the
  age-fifty-five-increased-benefits  pension  plan)  or  subdivision  d of
  section 13-547 of this chapter (relating to cancellation of election  to
  be a twenty-year pension plan contributor);
    shall,  until  such  contributor  has  rendered four years of credited
  service after such re-entry into  member-service  or  first  entry  into
  member-service, as the case may be:
    (i)  be  ineligible, if such contributor is a twenty-year pension plan
  contributor, to retire for service in accordance  with  the  eligibility
  requirements  for  retirement  under  section  13-547  of  this  chapter
  (relating to the twenty-year pension plan); and
    (ii) be ineligible to become  entitled  to  the  retirement  allowance
  prescribed   for   retired  twenty-year  pension  plan  contributors  by
  subdivisions f and g of  section  13-547  of  this  chapter  or  to  the
  retirement  allowance  prescribed  for age-fifty-five-increased-benefits
  pension plan contributors by paragraph e of subdivision one  of  section
  13-554 of this chapter, as the case may be.
    b.  (1)  In  the case of any contributor mentioned in subdivision a of
  this section who discontinued service  as  a  discontinued  member,  the
  provisions  of such subdivision shall be applicable to such contributor,
  whether or not he or she heretofore was  or  hereafter  is  receiving  a
  deferred  retirement  allowance  under  section  13-556  of this chapter
  (relating to vested retirement  rights)  at  the  time  of  his  or  her
  re-entry into member-service and whether or not he or she heretofore was
  or  hereafter  is  entitled, at the time of such re-entry, to credit for
  service and status prior to withdrawal as provided for in subdivision  h
  of such section.
    (2)  In the case of any contributor mentioned in subdivision a of this
  section who re-entered member-service as a  withdrawn  contributor,  the


  provisions  of such subdivision shall be applicable to such contributor,
  whether or not he or she heretofore was or hereafter is entitled, at the
  time of such re-entry, to service credit and status prior to  withdrawal
  as provided for in section 13-506 of this chapter (relating to withdrawn
  contributors who re-enter service).
    c.     Any     twenty-year     pension     plan     contributor     or
  age-fifty-five-increased-benefits pension plan contributor to  whom  the
  provisions of subdivisions a and b are applicable, may, before he or she
  has  completed  a  period of four years of credited service after his or
  her first entry into member-service or re-entry into member-service,  as
  the  case  may  be,  retire from service upon written application to the
  retirement board setting forth at what time subsequent to the  execution
  of  such  application  he or she desires to be retired. Such application
  shall retire such contributor at the time so specified, provided  he  or
  she has reached or passed the age of fifty-five years.
    d.     Any     twenty-year     pension     plan     contributor     or
  age-fifty-five-increased benefits pension plan contributor  who  retires
  pursuant  to subdivision c of this section shall receive, in lieu of any
  other retirement allowance, a retirement allowance which  shall  consist
  of:
    (1)  an  annuity  which  is  the  actuarial  equivalent  of his or her
  accumulated deductions at the time of such retirement; and
    (2)  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; and
    (3)  a  pension  as  provided  for  by  the  applicable  provisions of
  subdivision e, f or g of this section.
    e. Any such contributor mentioned in subdivision d of this section, if
  he or she has not reached the age of sixty-five years  at  the  time  of
  such  retirement  and at such time is credited with at least twenty-five
  years of total-service, shall receive a pension which shall be equal  to
  the sum obtained by adding together:
    (1)  the  amount  obtained  by  multiplying  the  number  of  years of
  city-service credited to him or her at such time by one  per  centum  of
  his or her average salary; and
    (2)  the  amount  obtained by multiplying the number of years of prior
  outside service for which he or she is credited at such time:
    (a) by one and two-tenths per centum of his or her average salary,  if
  such   contributor   purchased  credit  for  such  service  pursuant  to
  subparagraph (j) of paragraph three of subdivision a of  section  13-505
  of  this  chapter  (relating  to  purchase  of  credit for prior outside
  service by certain contributors who last entered member-service prior to
  July first, nineteen hundred seventy) or paid a purchase price  therefor
  computed  pursuant  to  item  two  of subparagraph (1) of such paragraph
  three; or
    (b) by one and fifty-three one hundredths per centum  of  his  or  her
  average  salary,  if  such contributor purchased credit for such service
  pursuant to subparagraph k of such paragraph three or  paid  a  purchase
  price  therefor  computed  pursuant to item three of subparagraph (1) of
  such paragraph three.
    f. Any such contributor mentioned in subdivision d of this section, if
  he or she has not reached the age of sixty-five years  at  the  time  of
  such  retirement and at such time is credited with less than twenty-five
  years of total-service, shall receive a pension which shall be equal  to
  the sum obtained:
    (1) by adding together:
    (a)  the  number  of his or her years of member-service rendered after
  his or her last entry into member-service; and


    (b) the number of years of city-service, if any, which:
    (i) were rendered by him or her prior to such last entry; and
    (ii)  do  not  exceed the number of his or her years of member-service
  rendered after such last entry; and
    (iii) are credited to him or her at the time of such retirement; and
    (2) by multiplying that part, if any, of the total period  of  service
  computed pursuant to paragraph one of this subdivision f, which part was
  rendered  prior  to  July  first,  nineteen  hundred seventy, by one and
  two-tenths per centum of his or her average salary; and
    (3) by multiplying that part, if any, of the total period  of  service
  computed  pursuant  to such paragraph one, which part was rendered after
  June  thirtieth,  nineteen  hundred  seventy,  by  one  and  fifty-three
  one-hundredths per centum of his or her average salary; and
    (4)  by  multiplying  the number of years of prior outside service, if
  any, for which he or she is credited at the time of such retirement:
    (a) by one and two-tenths per centum of his or her average salary,  if
  such   contributor   purchased  credit  for  such  service  pursuant  to
  subparagraph (j) of paragraph three of subdivision a of  section  13-505
  of  this  chapter  (relating  to  purchase  of  credit for prior outside
  service by certain contributors who last entered member-service prior to
  July first, nineteen hundred seventy); or
    (b) by one and fifty-three one hundredths per centum  of  his  or  her
  average  salary,  if  such contributor purchased credit for such service
  pursuant to subparagraph k of such paragraph three or  paid  a  purchase
  price  therefor  computed  pursuant to item three of subparagraph (1) of
  such paragraph three; and
    (5) by adding together the products obtained  pursuant  to  paragraphs
  two, three and four of this subdivision.
    g. (1) Subject to the provisions of paragraph two of this subdivision,
  any  such  contributor mentioned in subdivision d of this section, if he
  or she has reached the age of sixty-five  years  at  the  time  of  such
  retirement,  shall  receive  a  pension  which shall be equal to the sum
  obtained by computing with respect  to  such  contributor  the  products
  specified  in  paragraphs  one and two of subdivision e of this section,
  and by adding such products together.
    (2) If a pension, as computed for such  contributor  pursuant  to  the
  provisions  of  paragraphs  one  to five, inclusive, of subdivision f of
  this  section,  is  greater  than  such  pension  computed  pursuant  to
  paragraph one of this subdivision g, such contributor shall receive such
  greater pension.
    h. (1) The normal rate of contribution of any twenty-year pension plan
  contributor    or    age-fifty-five-increased-benefits    pension   plan
  contributor to whom the provisions of  subdivisions  a  and  b  of  this
  section  are  applicable  shall  be  as  prescribed  by  the  applicable
  provisions  of  section  13-547  of  this  chapter  (relating   to   the
  twenty-year pension plan) governing the normal rate of contribution of a
  twenty-year  pension  plan  contributor  or the applicable provisions of
  section    13-548    of    this     chapter     (relating     to     the
  age-fifty-five-increased-benefits  pension  plan)  governing  the normal
  rate of contribution  of  an  age-fifty-five-increased-benefits  pension
  plan contributor.
    (2)    Any    twenty-year    pension    plan    contributor   or   age
  fifty-five-increased-benefits  pension  plan  contributor  to  whom  the
  provisions of subdivisions a and b of this section are applicable shall,
  unless  he  or  she  retires for service within the applicable period of
  four years of credited service  mentioned  in  such  subdivision  a,  be
  entitled  to  the  same  rights,  benefits  and  privileges  as  such  a
  contributor, including rights, benefits and privileges in the  event  of


  death,  retirement  for  superannuation pursuant to subdivision three of
  section 13-545 of this chapter or retirement for disability pursuant  to
  section  13-550 or 13-551 of this chapter, as if such subdivisions a and
  b were not applicable to him or her.
    (3)  For  the  purposes  of  paragraph  two of this subdivision h, the
  presumed retirement, under paragraphs a and  b  of  subdivision  two  of
  section 13-545 of this chapter (relating to cases of presumed retirement
  in  the event of death of a contributor) of a contributor who dies under
  such circumstances that he or she is deemed under  such  subdivision  to
  have  been  retired,  shall  not  be  deemed  a  retirement  for service
  mentioned in such paragraph two.