NY Gen City L § 16-C (2021)
2021 New York Laws GCT - General City Article 2 - General Provisions 16-C - Minimum Service Retirement Benefits for Certain Sanitation Department Employees in Cities and Who Are Members of Pension or Retirement Systems Maintai

§ 16-c. Minimum  service  retirement  benefits  for certain sanitation department employees in  cities  and  who  are  members  of  pension  or retirement  systems  maintained  by  such cities. 1. For the purposes of this section the uniformed force of a city department of  sanitation  or similar   department   or   agency   shall   be  deemed  to  consist  of sanitationman,  assistant  foreman,  foreman,  district  superintendent, senior    superintendent,    supervising    superintendent,    principal superintendent, city superintendent, director of operations and  general superintendent.   2.  Notwithstanding  the  provisions  of any general, special or local law, charter or administrative code to the contrary, and in lieu of  any lesser amount otherwise prescribed, any person:  (a)  who  is  a  member  of  the  uniformed force of the department of sanitation or similar department or agency of a city, and is a member of a pension or retirement system maintained by such city; and  (b) who, by reason of a plan or option selected by  him  or  otherwise made  applicable  to  him  pursuant  to or by the administrative code or charter  or  other  local  provisions  of  law  governing  the  rate  of contribution  and  eligibility for service retirement of members of such uniformed force who are  members  of  such  city-maintained  pension  or retirement system:  (1)  is  required  to  make  contributions  to  such  system at a rate calculated on the basis of a  service-fraction  of  not  less  than  one one-hundredth of his final compensation under such system; and  (2)  is  eligible  for  retirement  for  service  upon completion of a minimum of twenty-five years of service in such  uniformed  force  as  a member of such system; and  (c)  who  has  completed at least twenty-five years of service in such uniformed force as a member of such system; shall, upon retirement for service, receive, on  account  of  the  first twenty-five  years  of  service  in  such  uniformed force, a pension or retirement allowance which shall, subject  to  the  provisions  of  this section,  be equal to one-half of his annual salary or compensation when so retired.   3. Where a city-maintained  pension  or  retirement  system  for  such members  of  such uniformed force of such city provides, upon retirement for service, for a retirement allowance consisting of a pension (with or without a pension for-increased-take-home-pay) plus an annuity which  is the  actuarial  equivalent  of the member's accumulated contributions or accumulated deductions at the time of his retirement, then in that event there shall be added by the city, whenever required, a  further  pension of  such  amount  which,  together  with  the member's annuity, shall be sufficient to provide him with a retirement allowance equal to  one-half of  his  annual  salary or compensation when so retired. For the purpose only of determining the amount of the additional  pension  contributions by the city that may be required, the member's annuity, if any, shall be computed,  as  it  would be, (a) if it were not reduced by the actuarial equivalent of any outstanding loan, (b) if it were not increased by  the actuarial equivalent of any additional contributions, (c) if it were not reduced  by  reason  of  the  member's  election to decrease his annuity contributions in order to apply the amount of such reduction in  payment of  his  contributions for old-age and survivors insurance coverage, (d) as it would be without any optional modification.   4.  Where  additional  retirement  benefits  are  payable  under   the city-maintained  pension  or retirement system, such additional benefits shall be paid, for service in addition to and in excess  of  twenty-five years  of  service,  in  addition  to  the  minimum  retirement benefits required to be paid by this section.    5. The provisions of this section shall not apply to  members  of  the New York state employees' retirement system.