2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 604-E*2 - Twenty-Five Year Retirement Program for EMT Members.

* §  604-e.  Twenty-five  year  retirement program for EMT 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. "EMT member" shall mean a member of the New  York  city  employees'
retirement  system who is employed by the city of New York or by the New
York city health and hospitals corporation in a title whose  duties  are
those  of  an emergency medical technician or advanced emergency medical
technician (as those terms are defined in section three thousand one  of
the  public  health  law),  or  in  a  title  whose  duties  require the
supervision of employees whose duties are those of an emergency  medical
technician  or advanced emergency medical technician (as those terms are
defined in section three thousand one of the public health law).
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 EMT 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  an  EMT  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 an EMT member" shall mean (i) all service as
an EMT member; and (ii) all service while employed by the  city  of  New
York  or  by  the  New York city health and hospitals corporation in the
title motor vehicle operator.
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 an EMT member on the starting date of the twenty-five year
retirement  program  and  who,  as such an EMT 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 an EMT
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 an EMT member after the starting
date of the twenty-five year retirement program and who, as such an  EMT
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  an  EMT  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 an EMT member on the
date such application is filed.
3.  Each EMT member, other than an EMT 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 an EMT member.

Provided, however, a person subject  to  this  paragraph,  and  who  has
exceeded  age  twenty-five  upon  employment  as an EMT 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 an EMT 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 as an EMT 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  an EMT member and returns to such service as an
EMT 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 an EMT 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  an EMT 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
an EMT member during the period from completion of twenty-five years  of
allowable  service as an EMT member to the date of retirement but not to
exceed more than five years of additional service as an EMT 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 an EMT 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 an EMT 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 and twenty-five
one-hundredths 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 an EMT 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 an EMT 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