2023 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.