NY Ret & SS L § 604-A (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - 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,  except  that,  a  surplus  of  such  additional   member contributions  that  are  paid  into  the retirement system's contingent reserve fund may be used for the sole purpose of offsetting a deficit of basic member contributions.  (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.