2023 New York Laws › RSS - Retirement and Social Security › Article 11 - Limitations Applicable to New Entrants › 445-B - Optional Twenty-Year Improved Benefit Retirement Program for New York City Sanitation Members.

§  445-b. Optional twenty-year improved benefit 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. "Retirement  system"  shall  mean  the  New  York  city  employees'
retirement system.
2.  "New  York  city  sanitation  member"  shall  mean a member of the
retirement system who is subject to the provisions of this article,  who
is  a  member  of the uniformed force of the New York city department of
sanitation and who has elected to contribute to the retirement system on
the basis of a minimum retirement period of twenty  years  of  allowable
service  rendered  in  such  sanitation  force  pursuant to the optional
retirement provisions of section 13-159 or 13-160 of the  administrative
code.
3.  "Twenty-year  improved  benefit retirement program" shall mean all
the terms and conditions of this section.
4. "Starting date  of  the  twenty-year  improved  benefit  retirement
program"  shall  mean  the commencement date of the payroll period which
includes July first, nineteen hundred ninety-two.
5. "Enactment date of  the  twenty-year  improved  benefit  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.
6.   "Participant  in  the  twenty-year  improved  benefit  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 improved benefit retirement program,  as  applicable  to
him or her.
7.  "Administrative  code"  shall  mean the administrative code of the
city of New York.
8. "Accumulated  deductions"  shall  mean  accumulated  deductions  as
defined  in  subdivision  eleven of section 13-101 of the administrative
code.
b. Election of twenty-year improved  benefit  retirement  program.  1.
Subject  to  the  provisions  of paragraph five of this subdivision, any
person who is a New York city sanitation member on the enactment date of
the twenty-year improved benefit retirement program may elect to  become
a  participant in the twenty-year improved benefit retirement program by
filing, within ninety days after such enactment date,  a  duly  executed
application  for such participation with the retirement system, provided
he or she is such a sanitation member on the date  such  application  is
filed.
2.  Subject  to  the provisions of paragraph five of this subdivision,
any person who becomes a New  York  city  sanitation  member  after  the
enactment  date  of  the twenty-year improved benefit retirement program
may elect to become a participant in the  twenty-year  improved  benefit
retirement  program  by filing, within ninety days after becoming such a
sanitation member, a duly executed application  for  such  participation
with  the  retirement  system,  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  improved
benefit retirement program shall be irrevocable.
4.   Where   any  participant  in  the  twenty-year  improved  benefit
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 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-year  improved  benefit
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. Notwithstanding any other provision of law to the contrary, where a
participant  in the twenty-year improved benefit retirement program, who
is otherwise qualified for a retirement allowance  pursuant  to  section
13-159,  13-160  or 13-173.1 of the administrative code, has made and/or
paid, while he or  she  is  a  New  York  city  sanitation  member,  all
additional  member  contributions  and  interest  (if  any)  required by
subdivision d of this section, then:
(i) 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 chapter; and
(ii)  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 chapter; and
(iii)   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  13-159  or 13-160 of the
administrative  code,  each  participant  in  the  twenty-year  improved
benefit  retirement  program shall contribute (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 service as a New York city sanitation member (including
service creditable as such sanitation service) rendered on and after the
starting date of the twenty-year improved benefit retirement program.  A
participant in the twenty-year improved benefit retirement program shall
contribute  additional  member  contributions  only  until  he or she is
eligible to retire  with  twenty  years  of  allowable  service  in  the
uniformed force of the New York city department of sanitation under such
retirement program.
2. (i) Commencing with the payroll period which begins on the starting
date  of  the  twenty-year  improved  benefit  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, 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  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  seven  of  this
subdivision,  has withdrawn any additional member contributions (and any
interest paid thereon) again become a  participant  in  the  twenty-year
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 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 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, 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 while the participant is a New York city  sanitation  member,  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-year  improved  benefit
retirement program or otherwise.
(ii)  (A)  Should  a  participant  in the twenty-year improved benefit
retirement program, who has rendered less than fifteen years of  service
in  the  uniformed  force  of the New York city department of sanitation
cease to hold  a  position  in  such  uniformed  force  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  eight
and one-quarter percent per annum, compounded annually.
(B)  Upon  the  death  of  a  participant  in the twenty-year improved
benefit retirement program, there shall be paid to such person as he  or
she  has  nominated  or shall nominate to receive his or her accumulated
deductions 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 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. No member of the retirement system shall be permitted to borrow any
portion  of  the additional member contributions (including any interest
paid thereon) which are subject to this subdivision.
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.
e.  The  provisions  of this section shall not be construed to provide
benefits  to  any  participant  in  the  twenty-year  improved   benefit
retirement  program which are greater than those which would be received
by a similarly situated member of the uniformed force of  the  New  York
city  department  of  sanitation  who  is  governed by the provisions of
section 13-159 or 13-160 of the administrative  code,  but  who  is  not
governed by the provisions of this article.