2023 New York Laws › RSS - Retirement and Social Security › Article 11 - Limitations Applicable to New Entrants › 445-F*2 - Optional Twenty-Five Year/age Fifty Improved Benefit Retirement Program for Senior Automotive Service Workers, Auto Body Worker

* §  445-f.  Optional  twenty-five  year/age  fifty  improved  benefit
retirement program for senior  automotive  service  workers,  automotive
service  workers,  auto body workers, auto mechanics, marine maintenance
mechanics and oil burner  specialists.  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. "Retirement  system"  shall  mean  the  New  York  city  employees'
retirement system.
2.  "Senior automotive service worker, automotive service worker, auto
body worker, auto mechanic, marine maintenance mechanic and  oil  burner
specialist"  shall mean a member of the retirement system who is subject
to the provisions of this article, who is employed by  the  mayoral  and
non-mayoral  agencies  of  the  city  of New York and who has elected to
contribute to the retirement system on the basis of a minimum retirement
period of twenty-five  year/age  fifty  of  allowable  service  rendered
pursuant to the optional retirement provisions as set forth in paragraph
eight of this subdivision.
3.  "Twenty-five  year/age  fifty improved benefit retirement program"
shall mean all the terms and conditions of this section.
4. "Starting date of the twenty-five year/age fifty  improved  benefit
retirement  program"  shall  mean the effective date of this section, as
such date is certified pursuant to section forty-one of the  legislative
law.
5.  "Participant  in  the  twenty-five year/age fifty improved benefit
retirement program" shall mean any  senior  automotive  service  worker,
automotive  service  worker,  auto  body  worker,  auto mechanic, marine
maintenance mechanic and oil burner specialist 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/age  fifty  improved  benefit  retirement  program,  as
applicable to him or her.
6.  "Administrative  code"  shall  mean the administrative code of the
city of New York.
7. "Accumulated  deductions"  shall  mean  accumulated  deductions  as
defined  in  subdivision  eleven of section 13-101 of the administrative
code.
8. "Optional retirement provisions" shall mean the right to receive  a
retirement  allowance upon (i) the attainment of age fifty, and (ii) the
completion of twenty-five years of service.
b. Election of twenty-five year/age fifty improved benefit  retirement
program.  1.  Subject  to  the  provisions  of  paragraph  five  of this
subdivision, any person who  is  a  senior  automotive  service  worker,
automotive  service  worker,  auto  body  worker,  auto mechanic, marine
maintenance mechanic, or oil burner specialist on the starting  date  of
the  twenty-five  year/age fifty improved benefit retirement program may
elect to become a participant in the twenty-five year/age fifty improved
benefit retirement program by filing, within  one  hundred  eighty  days
after   such  starting  date,  a  duly  executed  application  for  such
participation with the retirement system, provided he or she is  such  a
senior  automotive  service worker, automotive service worker, auto body
worker,  auto  mechanic,  marine  maintenance  mechanic  or  oil  burner
specialist on the date such application is filed.
2.  Subject  to  the provisions of paragraph five of this subdivision,
any person who becomes a senior automotive  service  worker,  automotive
service  worker,  auto  body  worker,  auto mechanic, marine maintenance
mechanic or oil  burner  specialist  after  the  starting  date  of  the
twenty-five year/age fifty improved benefit retirement program may elect
to  become  a  participant  in  the  twenty-five year/age fifty improved

benefit retirement program by filing, within  one  hundred  eighty  days
after  becoming  such  a  senior  automotive  service worker, automotive
service worker, auto body  worker,  auto  mechanic,  marine  maintenance
mechanic  or oil burner specialist, a duly executed application for such
participation with the retirement system, provided he or she is  such  a
senior  automotive  service worker, automotive service worker, auto body
worker,  auto  mechanic,  marine  maintenance  mechanic  or  oil  burner
specialist on the date such application is filed.
3.  Any election to be a participant in the twenty-five year/age fifty
improved benefit retirement program shall be irrevocable.
4. Where any participant in the twenty-five  year/age  fifty  improved
benefit  retirement  program  shall cease to hold a position as a senior
automotive service worker, automotive service worker, auto body  worker,
auto  mechanic, marine maintenance mechanic or oil burner specialist, he
or she shall cease to be such a participant and, during  any  period  in
which  such  a  person  does  not  hold such a senior automotive service
worker, automotive service worker,  auto  body  worker,  auto  mechanic,
marine maintenance mechanic or oil burner specialist position, he or she
shall  not  be  a participant in the twenty-five year/age fifty improved
benefit retirement program and shall not be eligible for the benefits of
subdivision c of this section.
5. Where any participant in the twenty-five  year/age  fifty  improved
benefit  retirement  program  terminates  service as a senior automotive
service worker,  automotive  service  worker,  auto  body  worker,  auto
mechanic,  marine  maintenance  mechanic  or  oil  burner specialist and
returns  to  such  service  as  a  senior  automotive  service   worker,
automotive  service  worker,  auto  body  worker,  auto mechanic, marine
maintenance mechanic or oil burner specialist at a later date, he or she
shall again become such a participant on that date.
c. Service retirement benefits. Notwithstanding any other provision of
law to the contrary, where a participant  in  the  twenty-five  year/age
fifty improvement benefit retirement program, who is otherwise qualified
for   a   retirement  allowance  pursuant  to  the  optional  retirement
provisions set forth in subdivision a of this section, has  made  and/or
paid,  while he or she is a senior automotive service worker, automotive
service worker, auto body  worker,  auto  mechanic,  marine  maintenance
mechanic  or  oil burner specialist, all additional member contributions
and interest (if any) required by subdivision d of this section, then:
1. that participant, while he or she remains a participant, shall  not
be  subject  to  the provisions of subdivision a of section four hundred
forty-five of this article; and
2. if  that  participant,  while  such  a  participant,  retires  from
service,  he  or  she  shall not be subject to the provisions of section
four hundred forty-four of this article; and
3. his or her retirement allowance shall be an amount, on  account  of
the  required minimum period of service, equal to one-half of his or her
final average salary,  plus  an  amount  for  each  additional  year  of
allowable  service,  or  fraction  thereof, beyond such required minimum
period of service equal to two percent  of  his  or  her  final  average
salary; and
4.   the   maximum   retirement   benefit  computed  without  optional
modification payable to that participant upon his or her retirement  for
service  as  such a participant shall equal that payable upon completion
of thirty years of service.
d. Additional member contributions.  1.  In  addition  to  the  member
contributions  required pursuant to section 13-162 of the administrative
code, each  participant  in  the  twenty-five  year/age  fifty  improved
benefit  retirement  program  in  the title of senior automotive service

worker, automotive service worker,  auto  body  worker,  auto  mechanic,
marine maintenance mechanic or oil burner specialist shall contribute an
additional  four  and  eighty-three one-hundredths percent of his or her
compensation  earned  from  all allowable service as a senior automotive
service worker,  automotive  service  worker,  auto  body  worker,  auto
mechanic,  marine maintenance mechanic or oil burner specialist rendered
on and after the date which is one hundred  eighty  days  prior  to  the
starting  date  of  the  twenty-five  year/age  fifty  improved  benefit
retirement program. A participant  in  the  twenty-five  year/age  fifty
improved  benefit  retirement program shall contribute additional member
contributions until the later of (i) the date as of which he or  she  is
eligible  to  retire  with  twenty-five years of creditable service as a
senior automotive service worker, automotive service worker,  auto  body
worker,  auto  mechanic,  marine  maintenance  mechanic  or  oil  burner
specialist under such retirement program, or (ii) the first  anniversary
of  the starting date of the twenty-five year/age fifty improved benefit
retirement  program.  The  additional  contributions  required  by  this
paragraph  shall  be in lieu of additional member contributions required
by subdivision d of section four hundred forty-five-d of  this  article,
as  added  by  chapter  ninety-six  of  the  laws  of  nineteen  hundred
ninety-five, and no member paying additional contributions  pursuant  to
this  section shall be required to pay additional contributions pursuant
to such subdivision d of  section  four  hundred  forty-five-d  of  this
article.
2.  Commencing  with  the  first full payroll period after each person
becomes a participant in the twenty-five year/age fifty improved benefit
retirement  program,  additional  member  contributions  at   the   rate
specified  in  paragraph  one of this subdivision shall be deducted from
the compensation of such participant on each and every payroll  of  such
participant for each and every payroll period.
3.  (i)  Subject  to  the  provisions  of  subparagraph  (ii)  of this
paragraph,  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:
(A)  that  participant shall be charged with a contribution deficiency
consisting of such  unpaid  amounts,  together  with  interest  thereon,
compounded annually; and
(B)  such  interest on each amount of undeductible contributions 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, until such amount is paid to
the retirement system; and
(C) 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.
(ii) Except as provided in subparagraph (iii) of  this  paragraph,  no
interest  shall  be due on any unpaid additional contributions which are
not attributable to the period prior to the first  full  payroll  period
referred to in paragraph two of this subdivision.
(iii)  Should  any  person  who,  pursuant  to paragraph seven of this
subdivision, has withdrawn any additional member contributions (and  any
interest  paid  thereon)  again  become a participant in the twenty-five
year/age fifty improved benefit retirement program pursuant to paragraph
five 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  (i)  of  this
paragraph) as if such additional contributions had never been made.
4. The board of trustees of the retirement system may, consistent with
the  provisions  of  this  subdivision,  promulgate  regulations for the
payment of  such  additional  member  contributions,  and  any  interest
thereon,  by  a  participant  in the twenty-five year/age fifty improved
benefit  retirement   program   (including   the   deduction   of   such
contributions, and any interest thereon, from his or her compensation).
5.  Where  a  contribution  deficiency  chargeable  to  a  participant
pursuant to paragraph three of this subdivision has  not  been  paid  in
full  while  the  participant  is  a  senior  automotive service worker,
automotive service worker,  auto  body  worker,  auto  mechanic,  marine
maintenance  mechanic  or  oil burner specialist, that participant shall
not be entitled to the  benefits  provided  in  subdivision  c  of  this
section.
6.  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  a  member's
accumulated deductions or a refund of  additional  member  contributions
pursuant  to paragraph seven of this subdivision, becomes payable by the
retirement system 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.
7.  (i)  All  additional  member  contributions   required   by   this
subdivision  (and  any  interest  thereon)  which  are  received  by the
retirement system shall be paid into its  contingent  reserve  fund  and
shall  be  the property of the retirement system. Such additional member
contributions (and any interest thereon) shall not for  any  purpose  be
deemed to be accumulated deductions of a member of the retirement system
while  he  or  she  is  a  participant in the twenty-five year/age fifty
improved benefit retirement program or otherwise.
(ii) Should a participant in the twenty-five year/age  fifty  improved
benefit  retirement program, who has rendered less than fifteen years of
credited service cease to hold a position as a senior automotive service
worker, automotive service worker,  auto  body  worker,  auto  mechanic,
marine  maintenance  mechanic  or  oil  burner specialist 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 equal to eight and
one-quarter percent per annum, compounded annually.
(iii) Except as  otherwise  provided  in  subparagraph  (ii)  of  this
paragraph,  no  member  of  the  retirement system, while he or she is a
participant in such retirement program or otherwise, shall have a  right
to withdraw such additional member contributions or any interest thereon
from the retirement system.
8.  A  member  who  has made the additional contributions specified by
this subdivision may borrow a portion of such contributions pursuant  to
the provisions of section six hundred thirteen-b of this chapter.
9.  Notwithstanding  any  other  provision of law to the contrary, the
provisions of section one hundred thirty-eight-b of this  chapter  shall
not  be  applicable  to  the  additional  member contributions which are
required by this subdivision.
10. Notwithstanding any other provision of law to  the  contrary,  the
additional  member  contributions which are required by this subdivision
shall not be reduced under any program for increased-take-home-pay.
* NB Rpld per ch 414/02, § 1. § 480 of Retirement and Social  Security
Law  (as  amended  by  ch.  35/2005  §  2)  extends  disability benefits
implemented by former § 63-c.
* NB There are 3 § 445-f's