2023 New York Laws › NAV - Navigation › Article 6 - Pilots and Pilotage Fees, Port of New York › 89-A - Pilotage on the Hudson River; Rates.

§ 89-a. Pilotage  on the Hudson river; rates.  1. Every foreign vessel
and every American vessel  under  register,  except  vessels  proceeding
otherwise  than  by  sea and of less than three hundred gross registered
tons and having a fully loaded draft of seven feet or less, entering  or
departing from the Hudson river north of a line running from the foot of
Main  street,  Yonkers, west to Alpine, New Jersey, or navigating any of
the waters of the Hudson river north of said line and south of  the  dam
at  Troy,  New  York, shall take a Hudson river pilot licensed under the
authority of this article.    Notwithstanding  the  provisions  of  this
subdivision,  recreational  vessels  as  defined in section 2101 (34) of
title 46 of the United States Code of less  than  two  hundred  feet  in
length may be exempted from the compulsory state pilotage requirement at
the  discretion  of  the  board of commissioners of pilots. Whenever the
services of such a pilot are refused, the master, owners  or  consignees
shall  pay  pilotage as if one had been employed. Such pilotage shall be
paid to the pilot first speaking or offering his services  as  pilot  to
such  vessel.  The  pilotage authorized to be collected whenever a pilot
shall be refused by a vessel shall be sued for and recovered in the name
of the pilot tendering such  service.  Such  pilotage,  when  recovered,
shall  belong  to  and may be retained by such pilot for his own benefit
and use. Recreational vessels as defined in section 2101 (34)  of  title
46  of  the United States Code may be exempted from the compulsory state
pilotage requirement pursuant to this subdivision at the  discretion  of
the board of commissioners of pilots.
2.  It shall be unlawful for any person not licensed as a Hudson river
pilot under this article to pilot or offer to pilot any  foreign  vessel
or  vessel  from  a  foreign  port  or any vessel under register on that
portion of the Hudson river specified in the preceding subdivision.
3. Violation of subdivision two of this section shall be a misdemeanor
punishable  by  a  fine  not  exceeding  one  hundred  dollars   or   by
imprisonment  not  exceeding  sixty  days.  Any person employing such an
unlicensed person to act as pilot shall forfeit and pay the sum  of  one
hundred dollars to the board of commissioners of pilots.
4.  (a)  Every foreign vessel and every American vessel under register
navigating the waters of that portion of the Hudson river  specified  in
this  section  shall  be  subject  to  base  pilotage  rates hereinafter
specified in this subdivision:
(b) From or into the port of New York:
Yonkers Line
The following scale of charges shall be applicable:
(1) (i) All vessels of 100 pilotage units and over  shall  pay  $12.17
per  pilotage  unit  for  Section  1, Lower River; Yonkers, to all ports
through Hyde Park.
The following charges shall be applicable to Section 1, Lower River:
 
Up to 50 pilotage units ........................................ $852.97
More than 50 and up to 100 pilotage units ..................... $1217.00
All vessels of 100 pilotage units and over shall pay ............ $17.19
per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
beyond Hyde Park through Albany or Troy.
 
The following charges shall be applicable to Section 2, Upper River:
Up to 50 pilotage units ....................................... $1406.05
More than 50 and up to 100 pilotage units ..................... $1719.00
A maximum charge of up to 500 pilotage units shall be applicable.
(ii)  Twelve  months  after  the  effective  date  of  this clause the
following base pilotage rates shall be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $12.41  per
pilotage  unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The  following  base  pilotage  rates  shall be applicable to Section 1,
Lower River:
 
Up to 50 pilotage units ........................................ $870.03
More than 50 and up to 100 pilotage units ..................... $1241.00
A maximum charge of up to 500 pilotage units
shall be applicable.
All vessels of 100 pilotage units and over shall  pay  a  base  pilotage
rate of .......................................................... 17.53
per pilotage unit for Section 2,
Upper River; Yonkers, to all ports beyond Hyde
Park through Albany or Troy.
The  following  base  pilotage  rates  shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1434.17
More than 50 and up to 100 pilotage units ..................... $1753.00
A maximum charge of up to 500 pilotage units shall be applicable.
(iii) Twenty-four months after the effective date of this  clause  the
following base pilotage rates shall be applicable:
All  vessels  of  100  pilotage  units  and  over shall pay $12.66 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports  through
Hyde Park.
The  following  base  pilotage  rates  shall be applicable to Section 1,
Lower River:
 
Up to 50 pilotage units ........................................ $887.43
More than 50 and up to 100 pilotage units ..................... $1266.00
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall  pay  a  base  pilotage
rate of ......................................................... $17.88
per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall  be  applicable  to  Section  2,
Upper River:
Up to 50 pilotage units ....................................... $1462.85
More than 50 and up to 100 pilotage units ..................... $1788.00
A maximum charge of up to 500 pilotage units shall be applicable.
(iv)  Thirty-six  months  after  the effective date of this clause the
following base pilotage rates shall be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $12.85  per
pilotage  unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall  be  applicable  to  Section  1,
Lower River:
Up to 50 pilotage units ........................................ $900.74
More than 50 and up to 100 pilotage units ..................... $1285.00
A maximum charge of up to 500 pilotage units shall be applicable.
All  vessels  of  100  pilotage units and over shall pay a base pilotage
rate of ......................................................... $18.15
per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
beyond Hyde Park through Albany or Troy.
The  following  base  pilotage  rates  shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1484.48
More than 50 and up to 100 pilotage units ..................... $1815.00

A maximum charge of up to 500 pilotage units shall be applicable.
(v)  Forty-eight  months  after  the effective date of this clause the
following base pilotage rates shall be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $13.07  per
pilotage  unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall  be  applicable  to  Section  1,
Lower River:
Up to 50 pilotage units ........................................ $914.25
More than 50 and up to 100 pilotage units ..................... $1307.00
A maximum charge of up to 500 pilotage units shall be applicable.
All  vessels  of  100  pilotage units and over shall pay a base pilotage
rate of ......................................................... $18.42
per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
beyond Hyde Park through Albany or Troy.
The  following  base  pilotage  rates  shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1507.07
More than 50 and up to 100 pilotage units ..................... $1842.00
A maximum charge of up to 500 pilotage units shall be applicable.
(vi) Beginning on the thirtieth day following the  effective  date  of
the  act that added this clause, the following base pilotage rates shall
be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $13.34  per
pilotage  unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall  be  applicable  to  Section  1,
Lower River:
Up to 50 pilotage units ........................................ $932.54
More than 50 and up to 100 pilotage units ..................... $1333.14
A maximum charge of up to 500 pilotage units shall be applicable.
All  vessels  of  100  pilotage units and over shall pay a base pilotage
rate of ......................................................... $18.79
per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
beyond Hyde Park through Albany or Troy.
The  following  base  pilotage  rates  shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1537.22
More than 50 and up to 100 pilotage units ..................... $1878.84
A maximum charge of up to 500 pilotage units shall be applicable.
(vii) Effective January first, two thousand twenty-two, the  following
base pilotage rates shall be applicable:
All  vessels  of  100  pilotage  units  and  over shall pay $13.61 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports  through
Hyde Park.
The  following  base  pilotage  rates  shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $951.20
More than 50 and up to 100 pilotage units ..................... $1359.81
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall  pay  a  base  pilotage
rate of ......................................................... $19.17
per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall  be  applicable  to  Section  2,
Upper River:
Up to 50 pilotage units ....................................... $1567.97
More than 50 and up to 100 pilotage units.....................  $1916.42

A maximum charge of up to 500 pilotage units shall be applicable.
(viii)   Effective  January  first,  two  thousand  twenty-three,  the
following base pilotage rates shall be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $14.02  per
pilotage  unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall  be  applicable  to  Section  1,
Lower River:
Up to 50 pilotage units ........................................ $979.74
More than 50 and up to 100 pilotage units ..................... $1400.60
A maximum charge of up to 500 pilotage units shall be applicable.
All  vessels  of  100  pilotage units and over shall pay a base pilotage
rate of ......................................................... $19.75
per pilotage unit for Section 2,  Upper  River;  Yonkers  to  all  ports
beyond Hyde Park through Albany or Troy.
The  following  base  pilotage  rates  shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1615.01
More than 50 and up to 100 pilotage units ..................... $1973.91
A maximum charge of up to 500 pilotage units shall be applicable.
(ix) Effective January first, two thousand twenty-four, the  following
base pilotage rates shall be applicable:
All  vessels  of  100  pilotage  units  and  over shall pay $14.44 per
pilotage unit for Section 1, Lower River; Yonkers to all  ports  through
Hyde Park.
The  following  base  pilotage  rates  shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ....................................... $1009.13
More than 50 and up to 100 pilotage units ..................... $1442.62
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a  base  pilotage
rate of ......................................................... $20.34
per  pilotage  unit  for  Section  2,  Upper River; Yonkers to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall  be  applicable  to  Section  2,
Upper River:
Up to 50 pilotage units ....................................... $1663.46
More than 50 and up to 100 pilotage units ..................... $2033.13
A maximum charge of up to 500 pilotage units shall be applicable.
(x)  Effective  January first, two thousand twenty-five, the following
base pilotage rates shall be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $14.87  per
pilotage  unit  for Section 1, Lower River; Yonkers to all ports through
Hyde Park.
The following base pilotage rates shall  be  applicable  to  Section  1,
Lower River:
Up to 50 pilotage units ....................................... $1039.40
More than 50 and up to 100 pilotage units ..................... $1485.90
A maximum charge of up to 500 pilotage units shall be applicable.
All  vessels  of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $20.95
per pilotage unit for Section 2,  Upper  River;  Yonkers  to  all  ports
beyond Hyde Park through Albany or Troy.
The  following  base  pilotage  rates  shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1713.36
More than 50 and up to 100 pilotage units ..................... $2094.12
A maximum charge of up to 500 pilotage units shall be applicable.
(xi) Effective January first, two thousand twenty-six,  the  following
base pilotage rates shall be applicable:
All  vessels  of  100  pilotage  units  and  over shall pay $15.32 per
pilotage unit for Section 1, Lower River; Yonkers to all  ports  through
Hyde Park.
The  following  base  pilotage  rates  shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ....................................... $1070.58
More than 50 and up to 100 pilotage units ..................... $1530.48
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a  base  pilotage
rate of ......................................................... $21.58
per  pilotage  unit  for  Section  2,  Upper River; Yonkers to all ports
beyond Hyde Park through Albany or Troy.
The following pilotage rates shall be applicable  to  Section  2,  Upper
River:
Up to 50 pilotage units ....................................... $1764.76
More than 50 and up to 100 pilotage units ..................... $2156.94
A maximum charge of up to 500 pilotage units shall be applicable.
(xii)   Effective   January  first,  two  thousand  twenty-seven,  the
following base pilotage rates shall be applicable:
All vessels of 100 pilotage  units  and  over  shall  pay  $15.78  per
pilotage  unit  for Section 1, Lower River; Yonkers to all ports through
Hyde Park.
The following base pilotage rates shall  be  applicable  to  Section  1,
Lower River:
Up to 50 pilotage units ....................................... $1102.70
More than 50 and up to 100 pilotage units ..................... $1576.39
A maximum charge of up to 500 pilotage units shall be applicable.
All  vessels  of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $22.23
per pilotage unit for Section 2,  Upper  River;  Yonkers  to  all  ports
beyond Hyde Park through Albany or Troy.
The  following  pilotage  rates  shall be applicable to Section 2, Upper
River:
Up to 50 pilotage units ....................................... $1817.70
More than 50 and up to 100 pilotage units ..................... $2221.65
A maximum charge of up to 500 pilotage units shall be applicable.
(1-a) All vessels shall pay an additional launch fee and communication
fee. The launch fee shall be set by the board of commissioners of pilots
to recoup the cost of operating a pilot  launch  and  pilot  station  at
Yonkers.   The   communication   fee  shall  be  set  by  the  board  of
commissioners of pilots  to  recoup  the  cost  of  portable  electronic
communication  and navigation equipment carried aboard the vessel by the
pilot.
All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde
Park through Albany or Troy  shall  pay  a  mid-river  launch  fee.  The
mid-river  launch  fee  shall  be  set  by the board of commissioners of
pilots to recoup the cost of operating a pilot launch and pilot  station
at Norrie Point.
The  launch  fee, communication fee, and mid-river launch fee shall be
reviewed annually by the board of commissioners of pilots  on  or  about
the anniversary date upon which this section shall have become a law.
In  the  event  a  vessel  transiting  the  Hudson  River  requires  a
continuous pilotage of more than ten hours, two pilots shall be assigned
at the beginning of such transit, and  the  fee  shall  be  the  regular
pilotage  fee  plus  fifty percent for the second pilot. The fee for the
second pilot shall not apply when the first pilot is discharged  at  the

mid-river  pilot station and relieved at such station by a second pilot.
A second pilot shall not be required  when  the  vessel  anchors  for  a
minimum  of  eight  hours  such  that  the  transit  does  not require a
continuous pilotage of more than ten hours by one pilot.
(1-b)  There  is  hereby created a Hudson River pilots surcharge board
which shall determine the rate of the surcharge provided in subparagraph
one-c of this paragraph. The surcharge board shall determine eligibility
for benefits pursuant to subdivisions five and eight of this section.
The Hudson River pilots surcharge board shall consist of  two  members
as follows: the president of the board of commissioners of pilots of the
state   of  New  York,  or  his  or  her  designee  from  the  board  of
commissioners, and the president of the Hudson River pilots association,
or his or her designee who must be a member of such association. In  the
event  the  two members cannot reach a decision on the surcharge rate, a
third member shall be appointed by the two members from a list submitted
by the Society of Maritime Arbitrators  from  its  lists  of  commercial
arbitrators. If, after submission of such a list, the two members of the
board  fail  to agree upon a single arbitrator as the third member, then
the Society of Maritime Arbitrators shall be authorized  to  select  and
submit  the  name of the third member for appointment. Such third member
shall be appointed within ten days of a deadlocked vote  of  the  Hudson
River pilots surcharge board. Such members shall vote at meetings called
upon  written  notice  mailed  seven  calendar  days  in  advance of the
meeting, to determine the rate of surcharge, assisted  as  necessary  by
qualified   actuaries  or  accountants,  authorized  in  clause  (i)  of
subparagraph one-c of this paragraph during  each  calendar  quarter  in
time  sufficient  for  such  surcharge  to be in effect on the following
January first, April first, July first, and October first of each  year.
Written  notice  of  meetings  may  be  waived if done so with unanimous
consent of all  board  members.  Members  of  the  Hudson  River  pilots
surcharge  board  shall  be  subject  to section seventeen of the public
officers law.
(1-c) (i) In addition  to  the  base  pilotage  charge  set  forth  in
subparagraph  one  of  this  paragraph,  there  is  hereby established a
surcharge on every  foreign  vessel  and  every  American  vessel  under
register  navigating  that portion of the Hudson River specified in this
section. Such surcharge, as determined quarterly  by  the  Hudson  River
pilots  surcharge  board,  shall be imposed for the exclusive purpose of
the funding, on a sound actuarial basis,  the  retirement  benefits  for
Hudson River pilots, described in clause (ii) of this subparagraph.
(ii)  The  amount  of  the  surcharge  described in clause (i) of this
subparagraph shall be computed as follows:
 
PILOTAGE UNITS       SURCHARGE
0 to 50              $113.00
51 to 100            $138.00
over 100             $1.38 per pilot unit
 
during the  first  twelve  months  after  the  effective  date  of  this
subparagraph.
The   amount  of  the  surcharge  described  in  clause  (i)  of  this
subparagraph shall be computed as follows:
 
PILOTAGE UNITS       SURCHARGE
0 to 50              $170.00
51 to 100            $207.00
over 100             $2.07 per pilot unit

during the period beginning with the thirteenth month  and  ending  with
the twenty-fourth month after the effective date of this subparagraph.
The   amount  of  the  surcharge  described  in  clause  (i)  of  this
subparagraph shall be computed as follows:
 
PILOTAGE UNITS       SURCHARGE
0 to 50              $213.00
51 to 100            $260.00
over 100             $2.60 per pilot unit
 
during the period beginning with the twenty-fifth month and ending  with
the thirty-sixth month after the effective date of this subparagraph.
The   amount  of  the  surcharge  described  in  clause  (i)  of  this
subparagraph shall be computed as follows:
Pilotage units    surcharge
0-50                $250.00
51-100              $305.00
Over 100            $  3.05 per pilot unit
during the period beginning with the  thirty-seventh  month  and  ending
with   the   forty-eighth   month  after  the  effective  date  of  this
subparagraph.
The  amount  of  the  surcharge  described  in  clause  (i)  of   this
subparagraph shall be computed as follows:
Pilotage units    surcharge
0-50                $280.00
51-100              $341.00
Over 100            $  3.41 per pilot unit
during  the  period beginning with the forty-ninth month and ending with
the sixtieth month after the effective date of this subparagraph.
(iii) Following the sixtieth month after the effective  date  of  this
subparagraph, the amount of the surcharge as determined by the surcharge
board  shall not exceed the greater of thirty-five percent of the sum of
the base pilotage charges collected pursuant to the rate  set  forth  in
this  subparagraph  for  Section  2,  Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy, as  amended,  or  five  hundred
thousand dollars, in any calendar year.
(iv)  The  scale of charges set forth in this subparagraph is deemed a
pilotage  fee  and  shall  be  subject  to  the  provisions  of  section
ninety-five of this article.
(v)  (A)  The  proceeds  of the surcharge provided for in this section
shall be deposited in an account maintained by the Hudson  River  pilots
association for the benefit of Hudson River pilots eligible for benefits
as provided in this clause, from which account all such benefits and the
reasonable expenses for administration thereof shall be paid. The monies
on  deposit  in  such  account  shall  be  referred  to hereafter as the
"retirement assets". All retirement assets shall be used exclusively  to
pay a yearly target retirement benefit to (I) Hudson River pilots active
on  the  date  pilotage rates are computed pursuant to this subparagraph
and thereafter, upon retirement on or  after  the  age  of  sixty;  (II)
retired Hudson River pilots or Hudson River pilots receiving benefits on
the  effective  date  of  this  section; and (III) to eligible surviving
spouses of retired pilots.
(B) Hudson River pilots who are also Sandy  Hook  pilots  eligible  to
receive a full branch retirement benefit under item (B) of subclause one
of  clause (ii) of subparagraph one of paragraph (b) of subdivision four
of section eighty-eight of this article shall be excluded from receiving
any benefits specified in subdivision five of this section.
(C) No individual other than those specified in subclause (A) of  this
clause  shall  be  eligible  for  benefits  pursuant  to  the  surcharge
described in clause (i) of this subparagraph without the approval of the
Hudson River pilots surcharge board.
(D) The funds generated by the surcharge imposed by clause (i) of this
subparagraph  shall  be  administered  by the executive committee of the
Hudson River pilots association, or any successors  thereto.  Any  funds
generated  by  the  surcharge imposed by clause (i) of this subparagraph
which exceed the funds deemed sufficient to  provide  the  benefits  set
forth  in  items  (I) and (III) of subclause (A) of this clause shall be
used to defray the retirement benefits set forth in this subclause.
(E) The surcharges pursuant to clause (i) of this  subparagraph  shall
be  collected  by  the agent of the Hudson River pilots. Funds generated
for these purposes shall be audited annually by the surcharge  board  to
ensure  proper  funding for the purposes set forth in clause (i) of this
subparagraph.
(2) "Pilotage units" shall be determined as expressed by the following
formula:
Overall length x extreme breadth x depth to uppermost continuous  deck
divided by 10,000 equals pilotage units.
(3) In the middle river and upper river as specified herein no foreign
and  no  American  vessel  under  register  shall be docked, undocked or
shifted unless such docking, undocking or shifting  is  performed  by  a
Hudson river pilot duly licensed under this article.
(c)  Definitions: "Overall length" is the distance between the forward
and after extremities of the vessel.
"Extreme breadth" is the maximum breadth to the outside of  the  shell
plating of the vessel.
"Depth" is the vertical distance at amidships from the top of the keel
plate  to  the uppermost continuous deck fore and aft, and which extends
to the sides of the vessel. The  continuity  of  a  deck  shall  not  be
considered  to  be  affected by the existence of openings, including but
not limited to tonnage openings, engine space or a step in the deck.
All measurements shall be in feet and inches (U.S.).
The board of commissioners of pilots shall be the  sole  arbiter  with
respect  to a question concerning these definitions. The decision by the
board shall be final.
(d) The measurement of overall length, extreme breadth and  depth,  as
previously  defined,  shall be made available to the pilot by the master
or his agent for the purpose of computation of pilotage fees.
Failure to provide the measurements so required shall  subject  vessel
to the maximum pilotage charge.
5. Each Hudson River pilot who entered service after two thousand five
as  a  Hudson River pilot shall participate in such qualified retirement
program as adopted by each such pilot and funded by such portion of  the
surcharge  allocated  thereto  by  the  surcharge  board  to  provide  a
contribution of an amount equivalent to twelve percent of  the  earnings
from  service  as  an  active  Hudson  River  pilot  based upon the base
pilotage tariffs set forth in subparagraph one-c  of  paragraph  (b)  of
subdivision  four  of  this  section.  Such  amount shall be transferred
directly by the agent to  such  pilot's  retirement  account,  it  being
understood  that such pilot's entire retirement benefit will be provided
solely by the account balance of such retirement account on the date  of
retirement.  In  addition, such surcharge shall be used to purchase life
and disability insurance coverage from an insurance company selected  by
the  board. Such disability insurance shall provide a disability benefit
computed as a single life annuity, equal to fifty percent of the  amount
which is equal to such pilot's earnings from service as an active Hudson

River   pilot  based  upon  the  base  pilotage  tariffs  set  forth  in
subparagraph one-c of paragraph (b) of subdivision four of this  section
during  the last full calendar year of service as an active Hudson River
pilot  prior  to  disability,  until the age of sixty. In the event such
disability insurance is unavailable, each such pilot eligible  for  sick
retirement benefits shall receive, a yearly benefit computed as a single
life  annuity  equal  to  the  sum of ten percent of the amount which is
equal to the earnings from service as an active Hudson River pilot based
upon the pilotage tariffs set forth in subparagraph one-c  of  paragraph
(b)  of  subdivision  four of this section during the last full calendar
year of service as an active Hudson River pilot prior to disability  and
one and six-tenths percent for each year of service after the first year
to  a  maximum  of  fifty  percent  of  the amount which is equal to the
earnings from service as an active Hudson River  pilot  based  upon  the
base  pilotage  tariffs set forth in subparagraph one-c of paragraph (b)
of subdivision four of this section during the last full  calendar  year
of  service  as  an active Hudson River pilot prior to disability, until
the age of sixty.
6. Hudson River  pilots  who  retired  before  nineteen  eighty  shall
receive  an  annual  retirement  benefit  in  the  amount of thirty-four
thousand nine  hundred  ninety-five  dollars;  those  who  retired  from
nineteen  eighty-one  through  nineteen  ninety  shall receive an annual
retirement benefit in the amount of thirty-nine  thousand  nine  hundred
ninety-five  dollars; those who retired from nineteen hundred ninety-one
through two thousand shall receive an annual retirement benefit  in  the
amount  of  forty-four  thousand nine hundred ninety-four dollars; those
who retired in two thousand  one  shall  receive  an  annual  retirement
benefit  in  the  amount of fifty-eight thousand four hundred ninety-two
dollars; those who retired in two thousand eight shall receive an annual
retirement benefit in the amount of  fifty-nine  thousand  nine  hundred
ninety-two  dollars; those who retired in two thousand ten shall receive
an annual retirement benefit in the amount of forty-nine  thousand  nine
hundred  ninety-three  dollars; an active Hudson River pilot who retires
before two thousand sixteen shall receive an annual  retirement  benefit
in the amount of eighty-four thousand six hundred dollars.
7.  (a)  A  Hudson  River  pilot  eligible  for  benefits set forth in
subdivision five of this section, who retires, shall not be entitled  to
commence  receiving  benefits  until  the  commencement  of  the benefit
payment period next following the date on which such  pilot  retired  or
became  eligible  for  disability  retirement  benefits.  For accounting
purposes, the benefit payment periods shall consist of a  full  calendar
quarter  commencing  on  January  first,  April  first,  July first, and
October first of each year, but the first payments of benefits shall  be
made during the months of March, June, September, and December.
(b)  No  active  Hudson  River pilot shall commence receiving benefits
until a properly completed resignation as an active pilot  specifying  a
proposed  date of retirement has been submitted in writing to the Hudson
River  pilots  executive  committee,  or  successor  thereto,  prior  to
November first, if retirement is to become effective on the first day of
the  following  January;  prior  to  February first, if retirement is to
become effective on the first day of the following April; prior  to  May
first,  if  retirement  is  to  become effective on the first day of the
following July; and, prior to August first, if retirement is  to  become
effective on the first day of the following October.
(c)  For the purpose of the computations described in subdivision five
of this section, service by a pilot of more  than  six  months  of  such
pilot's last calendar year as an active pilot shall be considered a full
calendar year.
(d)  If  a retired Hudson River pilot dies without a surviving spouse,
the balance of the yearly pension  benefit  for  the  remainder  of  the
benefit  payment  period shall be paid to the deceased pilot's estate or
designated beneficiary after which  all  rights  to  benefits  shall  be
terminated.
8. (a) The eligible surviving spouse of a Hudson River pilot described
in  subdivision  five  of  this section who dies while in active service
shall receive a yearly pension benefit equal to  fifty  percent  of  the
amount  which  such deceased pilot would have received under subdivision
five of this section had retirement immediately  preceded  the  date  of
death.
(b)  With respect to Hudson River pilots described in subdivision five
of this section, the eligible surviving spouse  of  a  deceased  retired
Hudson  River  pilot receiving retirement benefits on the date of death,
shall receive a yearly benefit equal to the deceased pilot's benefit for
the remainder of the benefit payment period in which death occurred, and
thereafter fifty percent of the amount received by the deceased pilot on
the date of death.
(c) Upon the death of the eligible  surviving  spouse  of  a  deceased
Hudson River pilot who was receiving benefits, the balance of the yearly
pension benefit for the remainder of the benefit payment period shall be
paid to the deceased surviving spouse's estate or designated beneficiary
after which all rights to benefits shall terminate.
9.  A "Hudson River pilot" for the purposes of this section is defined
as an individual holding a license to act as Hudson River pilot for  the
waters of the Hudson River north of a line running from the foot of Main
Street  in  Yonkers  to Alpine, New Jersey and south of the dam at Troy,
issued by the board of commissioners of pilots of the state of New York.
A "retired Hudson River pilot" for the purposes of  this  section  is  a
pilot  who  retired  from  active  service  in  the  Hudson River pilots
association. An "eligible surviving spouse" for  the  purposes  of  this
section  is defined as a spouse of a deceased pilot married at least one
year prior to the date of death of the deceased pilot.