2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 604-E - Twenty-Five Year Retirement Program for Dispatcher Members.

* § 604-e. Twenty-five year retirement program for dispatcher 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.  "Dispatcher member" shall mean a member (as defined in subdivision
e of section six hundred one of this article) who  is  employed  by  the
city  of  New  York as a fire alarm dispatcher, a supervising fire alarm
dispatcher, level one, a supervising fire alarm dispatcher,  level  two,
director   of  dispatch  operations,  or  deputy  director  of  dispatch
operations.
2. "Twenty-five year retirement program" shall mean all the terms  and
conditions of this section.
3.  "Starting  date  of the twenty-five year retirement program" shall
mean that date of enactment of this section.
4. "Participant in the twenty-five year retirement program" shall mean
any  dispatcher  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-five  year
retirement program, as applicable to him or her.
5.  "Discontinued  member" shall mean a participant in the twenty-five
year retirement program who, while he or she was  a  dispatcher  member,
discontinued  service  as  such  a  member and has a right to a deferred
vested benefit under subdivision d of this section.
6. "Administrative code" shall mean the  administrative  code  of  the
city of New York.
7.  "Allowable  service as a dispatcher member" shall mean (i) service
as a dispatcher member and all service in the  following  civil  service
titles:   chief   fire   alarm  dispatcher,  administrative  fire  alarm
dispatcher,  bus  operator  (transit),   train   dispatcher   (transit),
firefighter, police officer, correction officer, fire marshal, probation
officer,    police   communications   technician,   supervising   police
communications technician, principal police  communications  technician,
police administrative aide, senior police administrative aide, emergency
medical  technician,  advanced  emergency  medical technician, emergency
medical service specialist level I, emergency medical  specialist  level
II,  fire  prevention  inspector, fire protection inspector, senior fire
prevention inspector, principal  fire  prevention  inspector,  associate
fire protection inspector, county detective, detective (NYPD), detective
investigator,  senior  detective  investigator,  deputy  sheriff, senior
deputy sheriff, inspector of fire alarm  boxes,  radio  operator,  radio
repair  technician,  supervisor  of  radio  repair  operations, taxi and
limousine inspector, senior taxi  and  limousine  inspector,  triborough
bridge  and  tunnel  officer; and (ii) a member of the retirement system
who is employed by the city of New York in a title whose duties  require
the  supervision  of  employees whose civil service title is included in
subparagraph (i) of this paragraph.
b. Participation in twenty-five year retirement program. 1. Subject to
the provisions of paragraphs six and  seven  of  this  subdivision,  any
person  who  is  a  dispatcher  member  on  the  starting  date  of  the
twenty-five year retirement program and who, as such a dispatcher member
or otherwise, last became subject to  the  provisions  of  this  article
prior  to  such  starting date, may elect to become a participant in the
twenty-five year retirement program by filing, within one hundred eighty
days after the starting date of the twenty-five 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
dispatcher member on the date such application is filed.
2. Subject to the provisions of  paragraphs  six  and  seven  of  this
subdivision,  any  person  who  becomes  a  dispatcher  member after the
starting date of the twenty-five year retirement  program  and  who,  as
such  a  dispatcher  member  or  otherwise,  last  became subject to the
provisions  of  this  article  prior to such starting date, may elect to
become a participant in  the  twenty-five  year  retirement  program  by
filing,  within one hundred eighty days after becoming such a dispatcher
member, a duly executed application  for  such  participation  with  the
retirement  system for which such person is a member, provided he or she
is such a dispatcher member on the date such application is filed.
3. Each dispatcher member, other than a dispatcher member  subject  to
paragraph  one  or  two  of this subdivision, who becomes subject to the
provisions of this  article  on  or  after  the  starting  date  of  the
twenty-five  year  retirement  program shall become a participant in the
twenty-five year retirement program on the date he or she becomes such a
dispatcher  member.  Provided,  however,  a  person  subject   to   this
paragraph,  and  who  has  exceeded  age  thirty  upon  employment  as a
dispatcher member, shall be exempt from participation  in  the  improved
twenty-five  year  retirement  program  if  such  person  elects  not to
participate by filing a duly executed form with  the  retirement  system
within one hundred eighty days of becoming a dispatcher member.
4. Any election to be a participant in the twenty-five year retirement
program shall be irrevocable.
5.  Where  any  participant in the twenty-five year retirement program
shall cease to be employed by the city  of  New  York  as  a  dispatcher
member,  he  or she shall cease to be such a participant and, during any
period in which such person is not so employed, he or she shall not be a
participant in the twenty-five year retirement program and shall not  be
eligible for the benefits of subdivision c of this section.
6.  Where  any  participant in the twenty-five year retirement program
terminates service as a dispatcher member and returns to such service as
a dispatcher member at a later date, he or she shall again become such a
participant on that date.
7. Notwithstanding any other provision of law  to  the  contrary,  any
person  who  is  eligible  to  elect  to  become  a  participant  in the
twenty-five year retirement program pursuant to paragraph one or two  of
this subdivision for the full one hundred eighty day period provided for
in  such  applicable  paragraph  and  who  fails  to  timely file a duly
executed application for such participation with the retirement  system,
shall  not  thereafter  be  eligible  to  become  a  participant in such
program.
c. Service retirement benefits. 1. A participant  in  the  twenty-five
year retirement program:
(i)  who  has completed twenty-five or more years of allowable service
as a dispatcher member; 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,
not  less  than  thirty  days  subsequent  to  the  execution and filing
thereof, he or she desires to be retired; and
(iv) who shall be a participant in  the  twenty-five  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.  Notwithstanding  any  other  provision of law to the contrary, and
subject to the provisions of paragraph six  of  subdivision  e  of  this

section,  the  early  service retirement benefit for participants in the
twenty-five year retirement program who retire pursuant to paragraph one
of this subdivision shall be a retirement allowance consisting of:
an amount, on account of the required minimum period of service, equal
to fifty percent of his or her final average salary; plus
an  amount  on account of allowable service as a dispatcher member, or
fraction thereof, beyond such required minimum period of  service  equal
to  two percent of his or her final salary for such allowable service as
a dispatcher member during the period  from  completion  of  twenty-five
years  of  allowable  service  as  a  dispatcher  member  to the date of
retirement but not to exceed more than five years of additional  service
as a dispatcher member.
d.  Vesting.  1.  A  participant  in  the  twenty-five year retirement
program:
(i) who discontinues service as such  a  participant,  other  than  by
death or retirement; and
(ii)  who  prior  to such discontinuance, completed five but less than
twenty-five years of allowable service as a dispatcher member; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has  paid,  prior  to  such  discontinuance,  all
additional  member  contributions  and  interest  (if  any)  required by
subdivision e of this section; and
(iv) who 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;  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)  In  the case of a participant who is not a New York city revised
plan member, 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 or, in the case of a participant
who is a New York city revised plan member, such  vested  benefit  shall
become payable at age sixty-three.
3.  Subject  to  the provisions of paragraph seven of subdivision e of
this section,  such  deferred  vested  benefit  shall  be  a  retirement
allowance  consisting  of  an  amount  equal  to  two  percent  of  such
discontinued member's final average salary, multiplied by the number  of
years of allowable service as a dispatcher member.
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-five  year  retirement  program shall
contribute to the retirement system of which  he  or  she  is  a  member
(subject  to  the  applicable provisions of subdivision d of section six
hundred thirteen of this article) an additional six percent  of  his  or
her compensation earned from (i) all allowable service, as a participant
in  the  twenty-five  year  retirement program, rendered on or after the
starting date of the twenty-five year retirement program, and  (ii)  all
allowable  service  after  such  person  ceases to be a participant, but
before he or she again becomes a participant pursuant to  paragraph  six
of  subdivision b of this section. The additional contributions required
by this subdivision shall be in lieu of additional member  contributions
required  by  subdivision  (d)  of  section  six  hundred four-c of this
chapter as added by chapter ninety-six of the laws of  nineteen  hundred
ninety-five,  and  no member making additional contributions pursuant to

this section shall be required to make contributions  pursuant  to  such
subdivision (d) of section six hundred four-c of this chapter.
2.  A  participant  in  the  twenty-five year retirement program shall
contribute additional member contributions until the later  of  (i)  the
first   anniversary  of  the  starting  date  of  the  twenty-five  year
retirement program, or (ii) the date on which he or she completes thirty
years of allowable service as a dispatcher member.
3. Commencing with the first full payroll  period  after  each  person
becomes  a  participant  in  the  twenty-five  year  retirement program,
additional member contributions at the rate specified in  paragraph  one
of  this  subdivision  shall  be  deducted  (subject  to  the applicable
provisions of subdivision d of section  six  hundred  thirteen  of  this
article)  from  the  compensation  of such participant on each and every
payroll of such participant for each and every payroll period for  which
he or she is such a participant.
4.  (i)  Each  participant  in the twenty-five year retirement program
shall be charged with a contribution deficiency consisting of the  total
amounts  of  additional  member contributions such person is required to
make pursuant to paragraphs one and two of this  subdivision  which  are
not deducted from his or her compensation pursuant to paragraph three of
this  subdivision,  if  any,  together with interest thereon, compounded
annually,  and  computed  in   accordance   with   the   provisions   of
subparagraphs (ii) and (iii) of this paragraph.
(ii)  (A)  The  interest  required  to  be  paid  on  each such amount
specified in subparagraph (i) of this paragraph 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 and such deduction had  been  required  for  such
payroll period, until such amount is paid to the retirement system.
(B)  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.
(iii)   Except  as  otherwise  provided  in  paragraph  five  of  this
subdivision, no interest shall be due on any  unpaid  additional  member
contributions  which are not attributable to a period prior to the first
full payroll period referred to in paragraph three of this subdivision.
5. (i) Should  any  person  who,  pursuant  to  subparagraph  (ii)  of
paragraph  ten  of this subdivision, has received a refund of his or her
additional member contribution  including  any  interest  paid  on  such
contributions,  again  become  a  participant  in  the  twenty-five 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  subparagraph  (ii)  of  this  paragraph)  for any credited
service for which such person  received  a  refund  of  such  additional
member  contributions  (including  any  amount of an unpaid loan balance
deemed to have been returned to such person pursuant to paragraph twelve
of this subdivision), as if such additional member  contributions  never
had been paid.
(ii)  (A)  Interest on a participant's additional member contributions
included in  such  participant's  contribution  deficiency  pursuant  to
subparagraph  (i)  of  this  paragraph  shall  be  calculated as if such
additional member contributions had never been paid by such participant,
and such interest shall accrue from the end of  the  payroll  period  to
which an amount of such additional member contributions is attributable,
until such amount is paid to the retirement system.
(B)  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.
6.   Where  a  participant  who  is  otherwise  eligible  for  service
retirement pursuant to subdivision c of this section did not,  prior  to
the   effective   date  of  retirement,  pay  the  entire  amount  of  a
contribution deficiency chargeable to him or her pursuant to  paragraphs
four  and five of this subdivision, or repay the entire amount of a loan
of his or her additional  member  contributions  pursuant  to  paragraph
eleven  of  this  subdivision (including accrued interest on such loan),
that participant, nevertheless, shall be eligible to retire pursuant  to
subdivision   c   of   this   section,   provided,  however,  that  such
participant's  service  retirement  benefit   calculated   pursuant   to
paragraph  two  of such subdivision c shall be reduced by a life annuity
(calculated in accordance with the method set forth in subdivision i  of
section  six  hundred  thirteen-b  of this article) which is actuarially
equivalent to:
(i) The amount of any unpaid  contribution  deficiency  chargeable  to
such  member  pursuant  to paragraphs four and five of this subdivision;
plus
(ii) the amount of any  unpaid  balance  of  a  loan  of  his  or  her
additional  member  contributions  pursuant  to paragraph eleven of this
subdivision (including accrued interest on such loan).
7. Where a participant who is otherwise eligible for a vested right to
a deferred benefit pursuant to subdivision d of this  section  did  not,
prior to the date of discontinuance of service, pay the entire amount of
a   contribution  deficiency  chargeable  to  him  or  her  pursuant  to
paragraphs four and five of this subdivision, or repay the entire amount
of a loan of his or her  additional  member  contributions  pursuant  to
paragraph eleven of this subdivision (including accrued interest on such
loan),  that  participant,  nevertheless, shall be eligible for a vested
right to a deferred benefit pursuant to subdivision d of  this  section,
provided,  however, that the deferred vested benefit calculated pursuant
to paragraph three of such subdivision d shall  be  reduced  by  a  life
annuity   (calculated  in  accordance  with  the  method  set  forth  in
subdivision i of section six hundred thirteen-b of this  article)  which
is actuarially equivalent to:
(i)  the  amount  of  any unpaid contribution deficiency chargeable to
such member pursuant to paragraphs four and five  of  this  subdivision;
plus
(ii)  the  amount  of  any  unpaid  balance  of  a  loan of his or her
additional member contributions pursuant to  paragraph  eleven  of  this
subdivision (including accrued interest on such loan).
8.  The head of a retirement system which includes participants in the
twenty-five year retirement program in its  membership  may,  consistent
with  the provisions of this subdivision, promulgate regulations for the
payment of  such  additional  member  contributions,  and  any  interest
thereon,   by   such  participants  (including  the  deduction  of  such
contributions,  and  any  interest  thereon,  from   the   participant's
compensation).
9.  Subject  to  the  provisions  of  paragraphs six and seven of this
subdivision, where a participant has not paid in full  any  contribution
deficiency chargeable to him or her pursuant to paragraphs four and five
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 subparagraph
(ii) of paragraph ten 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.
10.  (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-five
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) Should a participant in the twenty-five year  retirement  program
who  has  rendered  less than fifteen years of credited service cease to
hold a position as a dispatcher member 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.
(iii)  Notwithstanding any other provision of law to the contrary, (A)
no person shall be permitted to withdraw from the retirement system  any
additional member contributions paid pursuant to this subdivision or any
interest  paid  thereon,  except  pursuant to and in accordance with the
preceding subparagraphs of this paragraph; and (B) no person,  while  he
or  she  is  a  participant  in the twenty-five year retirement program,
shall be permitted to withdraw any such additional member  contributions
or   any  interest  paid  thereon  pursuant  to  any  of  the  preceding
subparagraphs of this paragraph or otherwise.
11. A participant in the twenty-five year retirement program shall  be
permitted  to  borrow  from  his  or her additional member contributions
(including  any  interest  paid  thereon)  which  are  credited  to  the
additional contributions account established for such participant in the
contingent  reserve  fund  of  the retirement system. The borrowing from
such additional member contributions pursuant to this paragraph shall be
governed by the rights, privileges, obligations and procedures set forth
in section six hundred thirteen-b  of  this  article  which  govern  the
borrowing  of  member contributions made pursuant to section six hundred
thirteen of this article. The board of trustees of the retirement system
may,  consistent  with  the  provisions  of  this  subdivision  and  the
provisions  of  section  six  hundred thirteen-b of this article as made
applicable to this subdivision,  promulgate  regulations  governing  the
borrowing of such additional member contributions.
12.  Whenever  a  person has an unpaid balance of a loan of his or her
additional member contributions pursuant to  paragraph  eleven  of  this
subdivision at the time he or she becomes entitled to a refund of his or
her  additional  member  contributions  pursuant to subparagraph (ii) of
paragraph ten of this  subdivision,  the  amount  of  such  unpaid  loan
balance  (including  accrued  interest)  shall  be  deemed  to have been
returned to such member, and the refund of such additional contributions
shall be the net amount of such contributions,  together  with  interest
thereon in accordance with the provisions of such subparagraph (ii).
* NB There are 2 § 604-e's