S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1029

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the  benefits  payable  by the police officer's variable
  supplements fund provided for in such code

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 13-268 of the administrative code
of the city of New York, as amended by chapter 247 of the laws of  1988,
is amended to read as follows:
  5. "Pension fund beneficiary". [Any] EXCEPT AS PROVIDED IN SUBDIVISION
F  OF  SECTION  13-271  OF  THIS  SUBCHAPTER,  ANY person who receives a
retirement allowance by reason of having retired, on  or  after  October
first, nineteen hundred sixty-eight, for service (with credit for twenty
or  more  years  of  service  creditable toward the minimum period) as a
member of pension fund, subchapter one or pension fund,  subchapter  two
and as a police officer.
  S 2. Paragraph 2 of subdivision e of section 13-270 of the administra-
tive  code  of the city of New York, as added by chapter 247 of the laws
of 1988, is amended to read as follows:
  (2) The actuary shall base such annual valuation of  liabilities  only
(A)  upon  the  persons who, as of each such June thirtieth, are pension
fund beneficiaries OR PERSONS ELIGIBLE TO RECEIVE SUPPLEMENTAL  BENEFITS
PURSUANT  TO  SUBDIVISION F OF SECTION 13-271 OF THIS SUBCHAPTER and (B)
upon the persons who, being police officers in service as of  such  June
thirtieth,  may  be  actuarially expected to retire thereafter as police
officers for service with twenty or more  years  of  service  creditable
toward the minimum period.
  S 3. Section 13-271 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06802-01-9

              

S. 1029                             2

  F.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS SUBCHAPTER OR
ANY BENEFIT PLAN OR PAYMENT RESOLUTION THAT WAS IN EFFECT PRIOR TO  JULY
FIRST, NINETEEN HUNDRED EIGHTY-EIGHT, ANY DISCONTINUED MEMBER AS DEFINED
IN SUBDIVISION TWENTY-TWO OF SECTION 13-214 OF THIS CHAPTER, WHO DISCON-
TINUED  SERVICE  AS  A  POLICE  OFFICER ON OR AFTER JULY FIRST, NINETEEN
HUNDRED SIXTY-NINE, BUT  PRIOR  TO  JULY  NINETEENTH,  NINETEEN  HUNDRED
EIGHTY-NINE  SHALL  BE  DEEMED  TO  BE  A  PENSION  FUND BENEFICIARY FOR
PURPOSES OF ELIGIBILITY TO  RECEIVE  SUPPLEMENTAL  BENEFITS  UNDER  THIS
SECTION  FOR  ANY  PERIOD  OF  TIME  FOR  WHICH SUCH DISCONTINUED MEMBER
RECEIVES PAYMENTS OF A DEFERRED RETIREMENT ALLOWANCE PURSUANT TO SECTION
13-256 OF THIS CHAPTER, AND THE DATE OF RETIREMENT OF SUCH  DISCONTINUED
MEMBER,  FOR PURPOSES OF APPLYING THE REQUIREMENTS OF THIS SECTION WHICH
DETERMINE THE ELIGIBILITY OF  A  PENSION  FUND  BENEFICIARY  TO  RECEIVE
SUPPLEMENTAL  BENEFITS  UNDER  THIS  SECTION,  SHALL BE DEEMED TO BE THE
FIRST DAY OF THE PERIOD FOR WHICH SUCH DISCONTINUED MEMBER  FIRST  BEGAN
RECEIVING  PAYMENTS  OF  A  DEFERRED  RETIREMENT  ALLOWANCE  PURSUANT TO
SECTION 13-256 OF THIS CHAPTER.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after July 1, 1988.