2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
604-A - Twenty-year retirement program for New York city sanitation members.

 
    §  604-a.  Twenty-year retirement program for New York city sanitation
  members. a. Definitions. The following words and phrases as used in this
  section shall have the following meanings unless a different meaning  is
  plainly required by the context.
    1.  "New  York city sanitation member" shall mean a member (as defined
  in subdivision e of section six hundred one of this article)  who  is  a
  member  of  the  uniformed  force  of  the  New  York city department of
  sanitation.
    2. "Twenty-year retirement program"  shall  mean  all  the  terms  and
  conditions of this section.
    3.  "Starting  date  of the twenty-year retirement program" shall mean
  the commencement date of the payroll period which includes  July  first,
  nineteen hundred ninety-two.
    4.  "Enactment  date of the twenty-year retirement program" shall mean
  the date of enactment of the act which added this section, as such  date
  is certified pursuant to section forty-one of the legislative law.
    5.  "Participant in the twenty-year retirement program" shall mean any
  New York city sanitation member who, under the applicable provisions  of
  subdivision  b  of this section, is entitled to the rights, benefits and
  privileges  and  is  subject  to  the  obligations  of  the  twenty-year
  retirement program, as applicable to him or her.
    6. "Allowable service in the uniformed sanitation force" shall mean:
    (i)  credited  service which was rendered as a member of the uniformed
  force of the New York city department of sanitation; and
    (ii) credited service which was rendered in  another  uniformed  force
  (as defined in paragraph seven of this subdivision) immediately prior to
  becoming a member of the uniformed force of the New York city department
  of sanitation; and
    (iii)  credited  service  which was rendered in the uniformed force of
  the New York city police department or the uniformed force  of  the  New
  York  city fire department immediately prior to becoming a member of the
  uniformed force of the New York city department of sanitation and  which
  was  transferred  to  the  New  York  city  employees' retirement system
  pursuant to section forty-three of this chapter.
    7. "Another uniformed force" shall  mean  (i)  the  uniformed  transit
  police  force  maintained  by the New York city transit authority and by
  its predecessor, the  board  of  transportation;  or  (ii)  all  of  the
  positions  in  the New York city housing authority which are included in
  the housing police service of the classification of the  New  York  city
  department  of  personnel;  or (iii) the uniformed force of the New York
  city department of correction.
    8. "Minimum period" shall mean the minimum period of twenty  years  of
  allowable  service in the uniformed sanitation force that is required in
  order for a participant in the  twenty-year  retirement  program  to  be
  eligible  for  early  service  retirement  pursuant  to paragraph one of
  subdivision c of this section.
    9. "Final compensation" shall mean the average compensation earned  by
  a  member  during  any  five consecutive years which provide the highest
  average  compensation.  Where  the  period  used  to   determine   final
  compensation  is  the  period  which  immediately  precedes  the date of
  retirement, any month or months (not in excess of  twelve)  which  would
  otherwise  be  included in computing final compensation but during which
  the member was on authorized leave of absence at partial pay or  without
  pay shall be excluded from the computation of final compensation and the
  month  or  an  equal  number of months immediately preceding such period
  shall be substituted in lieu thereof.
    10. "Discontinued member" shall mean a participant in the  twenty-year
  retirement  program  who, while he or she was a New York city sanitation

  member, discontinued service in the uniformed force of the New York city
  department of sanitation and has a right to a  deferred  vested  benefit
  under subdivision d of this section.
    11.  "Administrative  code"  shall mean the administrative code of the
  city of New York.
    b. Participation in twenty-year retirement program.
    1. Subject to the provisions of paragraph six of this subdivision, any
  person who is a New York city sanitation member on the enactment date of
  the twenty-year retirement program and who, as such a sanitation  member
  or  otherwise,  last  became  subject  to the provisions of this article
  prior to such enactment date, may elect to become a participant  in  the
  twenty-year  retirement  program by filing, within ninety days after the
  enactment date of the twenty-year retirement program,  a  duly  executed
  application  for  such participation with the retirement system of which
  such person is a member, provided he or she is such a sanitation  member
  on the date such application is filed.
    2. Subject to the provisions of paragraph six of this subdivision, any
  person who becomes a New York city sanitation member after the enactment
  date of the twenty-year retirement program and who, as such a sanitation
  member  or  otherwise,  last  became  subject  to the provisions of this
  article prior to such enactment date, may elect to become a  participant
  in  the  twenty-year  retirement  program  by filing, within ninety days
  after becoming such a sanitation member, a duly executed application for
  such participation with the retirement system of which such person is  a
  member,  provided he or she is such a sanitation member on the date such
  application is filed.
    3. Any election to be a  participant  in  the  twenty-year  retirement
  program shall be irrevocable.
    4.  Each  New  York  city sanitation member who becomes subject to the
  provisions of this article  on  or  after  the  enactment  date  of  the
  twenty-year  retirement  program  shall  become  a  participant  in  the
  twenty-year retirement program on the date he  or  she  becomes  such  a
  sanitation member.
    5.  Where  any participant in the twenty-year retirement program shall
  cease to hold a position in the uniformed force of  the  New  York  city
  department of sanitation, he or she shall cease to be such a participant
  and,  during  any  period  in  which  such  person  does not hold such a
  uniformed sanitation position, he or she shall not be a  participant  in
  the  twenty-year  retirement  program  and shall not be eligible for the
  benefits of subdivision c of this section.
    6.  Where  any  participant  in  the  twenty-year  retirement  program
  terminates  service  in  the  uniformed  force  of  the  New  York  city
  department of sanitation and returns to such service as a New York  city
  sanitation  member  at a later date, he or she shall again become such a
  participant on that date.
    c. Service retirement benefits. 1. A participant  in  the  twenty-year
  retirement program:
    (i) who has completed twenty or more years of allowable service in the
  uniformed sanitation force; and
    (ii)  who  has  paid,  before  the  effective  date of retirement, all
  additional member  contributions  and  interest  (if  any)  required  by
  subdivision e of this section; and
    (iii)  who  files  with  the retirement system of which he or she is a
  member an application for service retirement setting forth at what  time
  he or she desires to be retired; and
    (iv)  who shall be a participant in the twenty-year retirement program
  at the time so specified for his or her  retirement;  shall  be  retired

  pursuant  to  the  provisions  of  this  section affording early service
  retirement.
    2. (i) Notwithstanding any other provision of law to the contrary, the
  early  service  retirement  benefit  for participants in the twenty-year
  retirement  program  who  retire  pursuant  to  paragraph  one  of  this
  subdivision shall be a pension consisting of:
    (A)  an  amount, on account of the required minimum period of service,
  equal to one-half of his or her final average salary; plus
    (B) an amount for each additional year of  allowable  service  in  the
  uniformed  sanitation  force,  or fraction thereof, beyond such required
  minimum period of service equal to one and one-half percent  of  his  or
  her final compensation; plus
    (C)  an amount for each year, or fraction thereof, of credited service
  other than allowable service in the uniformed sanitation force equal  to
  one percent of his or her final compensation.
    (ii)  The  maximum  pension  computed  without  optional  modification
  payable pursuant to subparagraph (i) of this paragraph shall equal  that
  payable upon completion of thirty years of service.
    d.  Vesting.  1.  A  participant in the twenty-year retirement program
  who:
    (i) discontinues city-service and service as a member of the uniformed
  force of the New York city department of sanitation, other than by death
  or retirement; and
    (ii) prior to such discontinuance, completed five but less than twenty
  years of allowable service in the uniformed sanitation force; and
    (iii) has paid, prior to such discontinuance,  all  additional  member
  contributions  and  interest  (if any) required by subdivision e of this
  section; and
    (iv) does not withdraw in whole or in  part  his  or  her  accumulated
  member  contributions  pursuant  to section six hundred thirteen of this
  article unless such participant thereafter returns to public service and
  repays the amounts so withdrawn, together  with  interest,  pursuant  to
  such  section six hundred thirteen of this article; shall be entitled to
  receive a deferred vested benefit as provided in this subdivision.
    2. (i) Upon such discontinuance under the conditions and in compliance
  with the provisions of paragraph one of this subdivision, such  deferred
  vested benefit shall vest automatically.
    (ii)  Such vested benefit shall become payable on the earliest date on
  which such discontinued member could have retired for  service  if  such
  discontinuance had not occurred.
    3. Such deferred vested benefit shall be a pension consisting of:
    (i)  an  amount equal to two and one-half percent of such discontinued
  member's final average salary, multiplied by  the  number  of  years  of
  allowable  service  in  the  uniformed sanitation force credited to such
  discontinued member on the date of such discontinuance; plus
    (ii) an amount for each year, or fraction thereof, of credited service
  other than allowable service in the uniformed sanitation force equal  to
  one percent of his or her final compensation.
    e.  Additional  member  contributions.    1. In addition to the member
  contributions required by section six hundred thirteen of this  article,
  each  participant in the twenty-year retirement program shall contribute
  to the retirement system of which he or she is a member (subject to  the
  applicable provisions of section 13-125.1 of the administrative code) an
  additional  five  and  thirty-five  one-hundredths percent of his or her
  compensation  earned  from  all  allowable  service  in  the   uniformed
  sanitation  force  rendered  on  and  after  the  starting  date  of the
  twenty-year  retirement  program.  A  participant  in  the   twenty-year
  retirement program shall contribute additional member contributions only

  until  he  or she has twenty years of allowable service in the uniformed
  sanitation force.
    2. (i) Commencing with the payroll period which begins on the starting
  date  of  the twenty-year retirement program (for a person who elects to
  become a participant prior to such starting date),  or  commencing  with
  the  first full payroll period after a person becomes such a participant
  (for a person who becomes a participant on or after such starting date),
  additional member contributions at the rate specified in  paragraph  one
  of  this  subdivision  shall  be  deducted  (subject  to  the applicable
  provisions of section 13-125.1 of  the  administrative  code)  from  the
  compensation  of  such  participant  on  each  and every payroll of such
  participant for each and every payroll period.
    (ii)  (A)  Where  any  additional  member  contributions  required  by
  paragraph  one  of  this  subdivision  are not paid by deductions from a
  participant's  compensation  pursuant  to  subparagraph  (i)   of   this
  paragraph  because  such  contributions  are  for  service rendered in a
  payroll period prior to the actual commencement of  deductions  pursuant
  to  such subparagraph (i), such amounts shall be paid by deductions from
  the compensation of such  participant  pursuant  to  item  (B)  of  this
  subparagraph.
    (B)  Commencing  with  the  payroll  period  in  which  deductions  of
  additional member contributions from a  participant's  compensation  are
  begun  pursuant  to  subparagraph  (i) of this paragraph, in addition to
  such deductions required  by  such  subparagraph  (i),  there  shall  be
  another  deduction  of  additional  member  contributions  made from the
  compensation of such participant at the rate specified in paragraph  one
  of  this  subdivision  (subject  to the applicable provisions of section
  13-125.1 of the administrative code) on each and  every  payroll  period
  until  the  total  amount  of  unpaid  additional  member  contributions
  described in item (A) of this subparagraph, if any,  has  been  paid  by
  deductions from compensation pursuant to this subparagraph.
    3.  (i)(A)  Where  any  additional  member  contributions  required by
  paragraph one of this subdivision are not  paid  by  deductions  from  a
  participant's   compensation   pursuant   to   paragraph   two  of  this
  subdivision, that participant  shall  be  charged  with  a  contribution
  deficiency  consisting  of  such  unpaid  amounts,  together  with  such
  interest thereon as required by subparagraph  (ii)  of  this  paragraph,
  compounded annually.
    (B)  Except  as  provided  in  subparagraph (ii) of this paragraph, no
  participant shall be  required  to  pay  any  interest  on  his  or  her
  contribution deficiency.
    (ii)(A)  Should  any  person  who, pursuant to paragraph eight of this
  subdivision, has withdrawn any additional member contributions (and  any
  interest  paid  thereon)  again  become a participant in the twenty-year
  retirement program pursuant to paragraph six of subdivision  b  of  this
  section,  an  appropriate amount shall be included in such participant's
  contribution  deficiency  (including  interest  thereon  as   calculated
  pursuant  to  item  (B)  of  this  subparagraph)  as  if such additional
  contributions had never been made.
    (B)  Interest  on  the  amounts  of  additional  member  contributions
  included in a participant's contribution deficiency pursuant to item (A)
  of  this  subparagraph  shall be calculated as if such additional member
  contributions had never been paid by a participant,  and  such  interest
  shall  accrue  from  the end of the payroll period to which an amount of
  additional member contributions is attributable, until  such  amount  is
  paid to the retirement system.

    (C)  The rate of interest to be applied to each such amount during the
  period for which interest accrues on that amount shall be  five  percent
  per annum, compounded annually.
    4.  A  participant,  while  he  or  she  is a New York city sanitation
  member, shall pay the total amount of his or her contribution deficiency
  to the retirement system in accordance  with  payment  procedures  which
  shall be established by the executive director of the retirement system,
  and approved by the board of trustees of the retirement system.
    5.  Where  a  contribution  deficiency  chargeable  to  a  participant
  pursuant to paragraph three of this subdivision has  not  been  paid  in
  full before the effective date of retirement, that participant shall not
  be eligible to retire pursuant to subdivision c of this section.
    6.  Where  a  contribution  deficiency  chargeable  to  a  participant
  pursuant to paragraph three of this subdivision has  not  been  paid  in
  full  before  the  date  of  discontinuance of service, that participant
  shall  not  be  entitled  to  a  deferred  vested  benefit  pursuant  to
  subdivision d of this section.
    7.  Where  a  participant  has  not  paid  in  full  any  contribution
  deficiency chargeable to him or her pursuant to paragraph three of  this
  subdivision,  and a benefit, other than a refund of member contributions
  pursuant to section six hundred thirteen of this article or a refund  of
  additional  member  contributions  pursuant  to  paragraph eight of this
  subdivision, becomes payable under this article to the participant or to
  his or her designated beneficiary or estate, the actuarial equivalent of
  any such unpaid amount shall be  deducted  from  the  benefit  otherwise
  payable.
    8. (i) Such additional member contributions (and any interest thereon)
  shall  be paid into the contingent reserve fund of the retirement system
  of which the participant is a member and shall not for  any  purpose  be
  deemed  to  be  member  contributions  or accumulated contributions of a
  member under section six hundred thirteen of this article  or  otherwise
  while  he  or she is a participant in the twenty-year retirement program
  or otherwise.
    (ii) (A) Should a participant in the  twenty-year  retirement  program
  who  has  rendered  less  than fifteen years of allowable service in the
  uniformed sanitation force cease to hold a  position  in  the  uniformed
  force  of  the  New  York  city  department of sanitation for any reason
  whatsoever, his or her accumulated additional member contributions  made
  pursuant to this subdivision (together with any interest thereon paid to
  the  retirement  system)  may  be  withdrawn  by  him or her pursuant to
  procedures promulgated in regulations of the board of  trustees  of  the
  retirement  system,  together  with interest thereon at the rate of five
  percent per annum, compounded annually.
    (B) Upon the death of a  participant  in  the  twenty-year  retirement
  program,  there  shall be paid to such person as he or she has nominated
  or shall nominate to receive his or her accumulated member contributions
  by written designation duly  executed  and  filed  with  the  retirement
  system during the lifetime of such participant, or, to his or her estate
  if no such person is nominated, his or her accumulated additional member
  contributions  made pursuant to this subdivision (including any interest
  thereon paid to the retirement system), together with  interest  thereon
  at the rate of five percent per annum, compounded annually.
    (iii)  Except  as  provided in subparagraph (ii) of this paragraph, no
  member while he or she is a participant or otherwise, shall have a right
  to withdraw such additional member contributions or an interest  thereon
  from the retirement system.
    9.  No  member  of  a  public  retirement system shall be permitted to
  borrow any portion of the additional member contributions (including any

  interest paid thereon by the participant)  which  are  subject  to  this
  subdivision.