2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
604-E*2 - Twenty-five year retirement program for EMT members.

 
    * §  604-e.  Twenty-five  year  retirement program for EMT 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. "EMT member" shall mean a member of the New  York  city  employees'
  retirement  system who is employed by the city of New York or by the New
  York city health and hospitals corporation in a title whose  duties  are
  those  of  an emergency medical technician or advanced emergency medical
  technician (as those terms are defined in section three thousand one  of
  the  public  health  law),  or  in  a  title  whose  duties  require the
  supervision of employees whose duties are those of an emergency  medical
  technician  or advanced emergency medical technician (as those terms are
  defined in section three thousand one of the public health law).
    2. "Twenty-five year retirement program" shall mean all the terms  and
  conditions of this section.
    3.  "Starting  date  of the twenty-five year retirement program" shall
  mean that date of enactment of this section.
    4. "Participant in the twenty-five year retirement program" shall mean
  any EMT 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-five year  retirement  program,
  as applicable to him or her.
    5.  "Discontinued  member" shall mean a participant in the twenty-five
  year retirement program  who,  while  he  or  she  was  an  EMT  member,
  discontinued  service  as  such  a  member and has a right to a deferred
  vested benefit under subdivision d of this section.
    6. "Administrative code" shall mean the  administrative  code  of  the
  city of New York.
    7.  "Allowable service as an EMT member" shall mean (i) all service as
  an EMT member; and (ii) all service while employed by the  city  of  New
  York  or  by  the  New York city health and hospitals corporation in the
  title motor vehicle operator.
    b. Participation in twenty-five year retirement program. 1. Subject to
  the provisions of paragraphs six and  seven  of  this  subdivision,  any
  person who is an EMT member on the starting date of the twenty-five year
  retirement  program  and  who,  as such an EMT member or otherwise, last
  became subject to the provisions of this article prior to such  starting
  date,  may  elect  to  become  a  participant  in  the  twenty-five year
  retirement program by filing, within one hundred eighty days  after  the
  starting  date  of  the  twenty-five  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 an EMT
  member on the date such application is filed.
    2. Subject to the provisions of  paragraphs  six  and  seven  of  this
  subdivision,  any  person  who  becomes an EMT member after the starting
  date of the twenty-five year retirement program and who, as such an  EMT
  member  or  otherwise,  last  became  subject  to the provisions of this
  article prior to such starting date, may elect to become  a  participant
  in the twenty-five year retirement program by filing, within one hundred
  eighty  days  after  becoming  such  an  EMT  member,  a  duly  executed
  application for such participation with the retirement system for  which
  such person is a member, provided he or she is such an EMT member on the
  date such application is filed.
    3.  Each EMT member, other than an EMT member subject to paragraph one
  or two of this subdivision, who becomes subject  to  the  provisions  of
  this  article  on  or  after  the  starting date of the twenty-five year
  retirement program shall become a participant in  the  twenty-five  year
  retirement  program  on  the  date he or she becomes such an EMT member.

  Provided, however, a person subject  to  this  paragraph,  and  who  has
  exceeded  age  twenty-five  upon  employment  as an EMT member, shall be
  exempt from participation in the improved  twenty-five  year  retirement
  program  if  such  person  elects  not  to  participate by filing a duly
  executed form with the retirement system within one hundred eighty  days
  of becoming an EMT member.
    4. Any election to be a participant in the twenty-five year retirement
  program shall be irrevocable.
    5.  Where  any  participant in the twenty-five year retirement program
  shall cease to be employed as an EMT member, he or she shall cease to be
  such a participant and, during any period in which such person is not so
  employed, he or she shall not be a participant in the  twenty-five  year
  retirement  program  and  shall  not  be  eligible  for  the benefits of
  subdivision c of this section.
    6. Where any participant in the twenty-five  year  retirement  program
  terminates  service  as  an EMT member and returns to such service as an
  EMT member at a later  date,  he  or  she  shall  again  become  such  a
  participant on that date.
    7.  Notwithstanding  any  other  provision of law to the contrary, any
  person who  is  eligible  to  elect  to  become  a  participant  in  the
  twenty-five  year retirement program pursuant to paragraph one or two of
  this subdivision for the full one hundred eighty day period provided for
  in such applicable paragraph  and  who  fails  to  timely  file  a  duly
  executed  application for such participation with the retirement system,
  shall not thereafter  be  eligible  to  become  a  participant  in  such
  program.
    c.  Service  retirement  benefits. 1. A participant in the twenty-five
  year retirement program:
    (i) who has completed twenty-five or more years of  allowable  service
  as an EMT member; 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,
  not less than  thirty  days  subsequent  to  the  execution  and  filing
  thereof, he or she desires to be retired; and
    (iv)  who  shall  be  a participant in the twenty-five 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. Notwithstanding any other provision of law  to  the  contrary,  and
  subject  to  the  provisions  of  paragraph six of subdivision e of this
  section, the early service retirement benefit for  participants  in  the
  twenty-five year retirement program who retire pursuant to paragraph one
  of this subdivision shall be a retirement allowance consisting of:
    an amount, on account of the required minimum period of service, equal
  to fifty percent of his or her final average salary; plus
    an  amount  on  account  of  allowable  service  as  an EMT member, or
  fraction thereof, beyond such required minimum period of  service  equal
  to  two percent of his or her final salary for such allowable service as
  an EMT member during the period from completion of twenty-five years  of
  allowable  service as an EMT member to the date of retirement but not to
  exceed more than five years of additional service as an EMT member.
    d. Vesting. 1.  A  participant  in  the  twenty-five  year  retirement
  program:
    (i)  who  discontinues  service  as  such a participant, other than by
  death or retirement; and

    (ii) in the case of a participant who is not a New York  city  revised
  plan  member,  who prior to such discontinuance, completed five but less
  than twenty-five years of allowable service as an EMT member or, in  the
  case  of  a  participant who is a New York city revised plan member, who
  prior  to  such  discontinuance, completed ten but less than twenty-five
  years of allowable service as an EMT member; and
    (iii) who, subject to the provisions of paragraph seven of subdivision
  e  of  this  section,  has  paid,  prior  to  such  discontinuance,  all
  additional  member  contributions  and  interest  (if  any)  required by
  subdivision e of this section; and
    (iv) who 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;  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)  In  the case of a participant who is not a New York city revised
  plan member, 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 or, in the case of a participant
  who is a New York city revised plan member, such  vested  benefit  shall
  become payable at age sixty-three.
    3.  Subject  to  the provisions of paragraph seven of subdivision e of
  this section,  such  deferred  vested  benefit  shall  be  a  retirement
  allowance  consisting  of  an  amount  equal  to  two  percent  of  such
  discontinued member's final average salary, multiplied by the number  of
  years of allowable service as an EMT member.
    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-five  year  retirement  program shall
  contribute to the retirement system of which  he  or  she  is  a  member
  (subject  to  the  applicable provisions of subdivision d of section six
  hundred thirteen of this article)  an  additional  six  and  twenty-five
  one-hundredths  percent  of  his or her compensation earned from (i) all
  allowable service, as a participant in the twenty-five  year  retirement
  program,  rendered on or after the starting date of the twenty-five year
  retirement program, and (ii) all allowable  service  after  such  person
  ceases  to  be  a  participant,  but  before  he  or she again becomes a
  participant pursuant to paragraph six of subdivision b of this  section.
  The  additional  contributions  required by this subdivision shall be in
  lieu of additional member contributions required  by  subdivision  d  of
  section  six  hundred  four-c  of  this  chapter  as  added  by  chapter
  ninety-six of the laws of nineteen hundred ninety-five,  and  no  member
  making  additional  contributions  pursuant  to  this  section  shall be
  required to make contributions pursuant to such subdivision d of section
  six hundred four-c of this chapter.
    2. A participant in the  twenty-five  year  retirement  program  shall
  contribute  additional  member  contributions until the later of (i) the
  first  anniversary  of  the  starting  date  of  the  twenty-five   year
  retirement program, or (ii) the date on which he or she completes thirty
  years of allowable service as an EMT member.
    3.  Commencing  with  the  first full payroll period after each person
  becomes a  participant  in  the  twenty-five  year  retirement  program,
  additional  member  contributions at the rate specified in paragraph one
  of this  subdivision  shall  be  deducted  (subject  to  the  applicable

  provisions  of  subdivision  d  of  section six hundred thirteen of this
  article) from the compensation of such participant  on  each  and  every
  payroll  of such participant for each and every payroll period for which
  he or she is such a participant.
    4.  (i)  Each  participant  in the twenty-five year retirement program
  shall be charged with a contribution deficiency consisting of the  total
  amounts  of  additional  member contributions such person is required to
  make pursuant to paragraphs one and two of this  subdivision  which  are
  not deducted from his or her compensation pursuant to paragraph three of
  this  subdivision,  if  any,  together with interest thereon, compounded
  annually,  and  computed  in   accordance   with   the   provisions   of
  subparagraphs (ii) and (iii) of this paragraph.
    (ii)  (A)  The  interest  required  to  be  paid  on  each such amount
  specified in subparagraph (i) of this paragraph shall  accrue  from  the
  end of the payroll period for which such amount would have been deducted
  from  compensation  if he or she had been a participant at the beginning
  of that payroll period and such deduction had  been  required  for  such
  payroll period, until such amount is paid to the retirement system.
    (B)  The rate of interest to be applied to each such amount during the
  period for which interest accrues on that amount shall be equal  to  the
  rate  or  rates  of interest required by law to be used during that same
  period to credit interest on the accumulated  deductions  of  retirement
  system members.
    (iii)   Except  as  otherwise  provided  in  paragraph  five  of  this
  subdivision, no interest shall be due on any  unpaid  additional  member
  contributions  which are not attributable to a period prior to the first
  full payroll period referred to in paragraph three of this subdivision.
    5. (i) Should  any  person  who,  pursuant  to  subparagraph  (ii)  of
  paragraph  ten  of this subdivision, has received a refund of his or her
  additional member contribution  including  any  interest  paid  on  such
  contributions,  again  become  a  participant  in  the  twenty-five 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  subparagraph  (ii)  of  this  paragraph)  for any credited
  service for which such person  received  a  refund  of  such  additional
  member  contributions  (including  any  amount of an unpaid loan balance
  deemed to have been returned to such person pursuant to paragraph twelve
  of this subdivision), as if such additional member  contributions  never
  had been paid.
    (ii)  (A)  Interest on a participant's additional member contributions
  included in  such  participant's  contribution  deficiency  pursuant  to
  subparagraph  (i)  of  this  paragraph  shall  be  calculated as if such
  additional member contributions had never been paid by such participant,
  and such interest shall accrue from the end of  the  payroll  period  to
  which an amount of such additional member contributions is attributable,
  until such amount is paid to the retirement system.
    (B)  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.
    6.   Where  a  participant  who  is  otherwise  eligible  for  service
  retirement pursuant to subdivision c of this section did not,  prior  to
  the   effective   date  of  retirement,  pay  the  entire  amount  of  a
  contribution deficiency chargeable to him or her pursuant to  paragraphs
  four  and five of this subdivision, or repay the entire amount of a loan
  of his or her additional  member  contributions  pursuant  to  paragraph
  eleven  of  this  subdivision (including accrued interest on such loan),
  that participant, nevertheless, shall be eligible to retire pursuant  to

  subdivision   c   of   this   section,   provided,  however,  that  such
  participant's  service  retirement  benefit   calculated   pursuant   to
  paragraph  two  of such subdivision c shall be reduced by a life annuity
  (calculated  in accordance with the method set forth in subdivision i of
  section six hundred thirteen-b of this  article)  which  is  actuarially
  equivalent to:
    (i)  The  amount  of  any unpaid contribution deficiency chargeable to
  such member pursuant to paragraphs four and five  of  this  subdivision;
  plus
    (ii)  the  amount  of  any  unpaid  balance  of  a  loan of his or her
  additional member contributions pursuant to  paragraph  eleven  of  this
  subdivision (including accrued interest on such loan).
    7. Where a participant who is otherwise eligible for a vested right to
  a  deferred  benefit  pursuant to subdivision d of this section did not,
  prior to the date of discontinuance of service, pay the entire amount of
  a  contribution  deficiency  chargeable  to  him  or  her  pursuant   to
  paragraphs four and five of this subdivision, or repay the entire amount
  of  a  loan  of  his  or her additional member contributions pursuant to
  paragraph eleven of this subdivision (including accrued interest on such
  loan), that participant, nevertheless, shall be eligible  for  a  vested
  right  to  a deferred benefit pursuant to subdivision d of this section,
  provided, however, that the deferred vested benefit calculated  pursuant
  to  paragraph  three  of  such  subdivision d shall be reduced by a life
  annuity  (calculated  in  accordance  with  the  method  set  forth   in
  subdivision  i  of section six hundred thirteen-b of this article) which
  is actuarially equivalent to:
    (i) the amount of any unpaid  contribution  deficiency  chargeable  to
  such  member  pursuant  to paragraphs four and five of this subdivision;
  plus
    (ii) the amount of any  unpaid  balance  of  a  loan  of  his  or  her
  additional  member  contributions  pursuant  to paragraph eleven of this
  subdivision (including accrued interest on such loan).
    8. The head of a retirement system which includes participants in  the
  twenty-five  year  retirement  program in its membership may, consistent
  with the provisions of this subdivision, promulgate regulations for  the
  payment  of  such  additional  member  contributions,  and  any interest
  thereon,  by  such  participants  (including  the  deduction   of   such
  contributions,   and   any  interest  thereon,  from  the  participant's
  compensation).
    9. Subject to the provisions of  paragraphs  six  and  seven  of  this
  subdivision,  where  a participant has not paid in full any contribution
  deficiency chargeable to him or her pursuant to paragraphs four and five
  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  subparagraph
  (ii)  of  paragraph  ten 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.
    10.  (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-five
  year retirement program or otherwise.
    (ii) Should a participant in the twenty-five year  retirement  program
  who  has  rendered  less than fifteen years of credited service cease to

  hold a position as an EMT member 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.
    (iii) Notwithstanding any other provision of law to the contrary,  (A)
  no  person shall be permitted to withdraw from the retirement system any
  additional member contributions paid pursuant to this subdivision or any
  interest paid thereon, except pursuant to and  in  accordance  with  the
  preceding  subparagraphs  of this paragraph; and (B) no person, while he
  or she is a participant in  the  twenty-five  year  retirement  program,
  shall  be permitted to withdraw any such additional member contributions
  or  any  interest  paid  thereon  pursuant  to  any  of  the   preceding
  subparagraphs of this paragraph or otherwise.
    11.  A participant in the twenty-five year retirement program shall be
  permitted to borrow from his  or  her  additional  member  contributions
  (including  any  interest  paid  thereon)  which  are  credited  to  the
  additional contributions account established for such participant in the
  contingent reserve fund of the retirement  system.  The  borrowing  from
  such additional member contributions pursuant to this paragraph shall be
  governed by the rights, privileges, obligations and procedures set forth
  in  section  six  hundred  thirteen-b  of  this article which govern the
  borrowing of member contributions made pursuant to section  six  hundred
  thirteen of this article. The board of trustees of the retirement system
  may,  consistent  with  the  provisions  of  this  subdivision  and  the
  provisions of section six hundred thirteen-b of  this  article  as  made
  applicable  to  this  subdivision,  promulgate regulations governing the
  borrowing of such additional member contributions.
    12. Whenever a person has an unpaid balance of a loan of  his  or  her
  additional  member  contributions  pursuant  to paragraph eleven of this
  subdivision at the time he or she becomes entitled to a refund of his or
  her additional member contributions pursuant  to  subparagraph  (ii)  of
  paragraph  ten  of  this  subdivision,  the  amount  of such unpaid loan
  balance (including accrued  interest)  shall  be  deemed  to  have  been
  returned to such member, and the refund of such additional contributions
  shall  be  the  net amount of such contributions, together with interest
  thereon in accordance with the provisions of such subparagraph (ii).
    * NB There are 2 § 604-e's