S T A T E O F N E W Y O R K
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4219--A
2009-2010 Regular Sessions
I N S E N A T E
April 17, 2009
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the navigation law, in relation to the creation of a
Hudson River pilots surcharge board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 4 of section 89-a of the navi-
gation law is amended by adding two new subparagraphs 1-b and 1-c to
read as follows:
(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 SEVEN 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 COMMISSION-
ERS, 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 AMERICAN ARBITRATION ASSOCIATION FROM ITS LISTS OF COMMERCIAL ARBI-
TRATORS. 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 AMERICAN ARBITRATION ASSOCIATION 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 PILOT SURCHARGE BOARD. SUCH MEMBERS SHALL VOTE AT MEETINGS CALLED
UPON WRITTEN NOTICE MAILED SEVEN CALENDAR DAYS IN ADVANCE OF THE MEET-
ING, TO DETERMINE THE RATE OF SURCHARGE, ASSISTED AS NECESSARY BY QUALI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09591-03-9
S. 4219--A 2
FIED 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 PILOT 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 SUBPAR-
AGRAPH 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 ON THE DATE PILOTAGE RATES ARE COMPUTED SHALL NOT EXCEED:
PILOTAGE UNITS SURCHARGE
0 TO 50 $222.44
51 TO 100 $268.00
OVER 100 $2.68 PER PILOT UNIT
DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARA-
GRAPH.
THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA-
GRAPH ON THE DATE PILOTAGE RATES ARE COMPUTED SHALL NOT EXCEED:
PILOTAGE UNITS SURCHARGE
0 TO 50 $371.01
51 TO 100 $447.00
OVER 100 $4.47 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 SUBPARA-
GRAPH ON THE DATE PILOTAGE RATES ARE COMPUTED SHALL NOT EXCEED:
PILOTAGE UNITS SURCHARGE
0 TO 50 $499.66
51 TO 100 $602.00
OVER 100 $6.02 PER PILOT UNIT
DURING THE PERIOD BEGINNING WITH THE TWENTY-FOURTH MONTH AND ENDING WITH
THE THIRTY-SIXTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(III) FOLLOWING THE THIRTY-SIXTH 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 SET FORTH IN SUBPARAGRAPH ONE OF
THIS PARAGRAPH FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS BEYOND
HYDE PARK THROUGH ALBANY OR TROY, AS AMENDED; OR NINE 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.
S. 4219--A 3
(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 SECTION, 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". THE RETIREMENT ASSETS SHALL BE USED 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 THEREAFT-
ER, UPON RETIREMENT ON OR AFTER THE AGE OF SIXTY, OR DISABILITY RETIRE-
MENT; (II) RETIRED HUDSON RIVER PILOTS OR HUDSON RIVER PILOTS RECEIVING
DISABILITY RETIREMENT BENEFITS ON THE DATE OF ADOPTION; AND (III) TO
SURVIVING SPOUSES OF PILOTS, RETIRED PILOTS OR PILOTS RECEIVING DISABIL-
ITY RETIREMENT AS PROVIDED FOR BELOW.
(B) HUDSON RIVER PILOTS WHO ARE ALSO SANDY HOOK PILOTS ELIGIBLE FOR
BENEFITS 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.
(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.
S 2. Section 89-a of the navigation law is amended by adding seven new
subdivisions 5, 6, 7, 8, 9, 10 and 11 to read as follows:
5. (A)(1) EACH HUDSON RIVER PILOT ACTIVE ON THE DATE PILOTAGE RATES
ARE COMPUTED PURSUANT TO THIS SECTION WHO RETIRES AFTER TWENTY-FIVE
YEARS OF SERVICE AND AFTER REACHING SIXTY YEARS OF AGE, OR BECOMES
ELIGIBLE FOR DISABILITY RETIREMENT BENEFITS, SHALL RECEIVE A TARGET
YEARLY BENEFIT COMPUTED AS A SINGLE LIFE ANNUITY, INITIALLY EQUAL TO
FIFTY PERCENT OF THE AMOUNT WHICH IS EQUAL TO THE HIGHEST ANNUAL EARN-
INGS FROM SERVICE AS A FULL BRANCH HUDSON RIVER PILOT BASED UPON THE
PILOTAGE CHARGES SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF
SUBDIVISION FOUR OF THIS SECTION DURING THE LAST THREE FULL CALENDAR
YEARS OF SERVICE AS AN ACTIVE PILOT PRIOR TO RETIREMENT REDUCED AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED IN
SUBDIVISION EIGHT OF THIS SECTION.
(2) A HUDSON RIVER PILOT ACTIVE ON THE DATE PILOTAGE RATES ARE
COMPUTED PURSUANT TO THIS SECTION WHO RETIRES OR BECOMES ELIGIBLE FOR
DISABILITY RETIREMENT BENEFITS AFTER REACHING SIXTY-FIVE YEARS OF AGE
AND AFTER THIRTY YEARS OF SERVICE AS A HUDSON RIVER PILOT SHALL RECEIVE
A TARGET YEARLY BENEFIT COMPUTED AS A SINGLE LIFE ANNUITY, INITIALLY
EQUAL TO SIXTY PERCENT OF THE AMOUNT WHICH IS EQUAL TO THE HIGHEST ANNU-
AL EARNINGS FROM SERVICE AS A FULL BRANCH HUDSON RIVER PILOT BASED UPON
THE PILOTAGE CHARGES SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF
SUBDIVISION FOUR OF THIS SECTION DURING THE LAST THREE FULL CALENDAR
YEARS OF SERVICE AS AN ACTIVE PILOT PRIOR TO RETIREMENT REDUCED AS
S. 4219--A 4
PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED IN
SUBDIVISION EIGHT OF THIS SECTION.
(B)(1) EACH RETIRED HUDSON RIVER PILOT AND EACH HUDSON RIVER PILOT
RECEIVING DISABILITY RETIREMENT BENEFITS ON OR AFTER THE DATE PILOTAGE
RATES ARE COMPUTED PURSUANT TO THIS SECTION SHALL RECEIVE A TARGET YEAR-
LY BENEFIT COMPUTED AS A SINGLE LIFE ANNUITY, INITIALLY EQUAL TO FIFTY
PERCENT OF THE HIGHEST ANNUAL EARNINGS FROM SERVICE AS A FULL BRANCH
HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE CHARGES SET FORTH IN
SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION
DURING THE LAST THREE FULL CALENDAR YEARS OF SERVICE AS AN ACTIVE PILOT
PRIOR TO RETIREMENT REDUCED AS PROVIDED IN SUBDIVISION NINE OF THIS
SECTION AND ADJUSTED AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION.
(2) EACH RETIRED HUDSON RIVER PILOT AND EACH HUDSON RIVER PILOT
RECEIVING DISABILITY RETIREMENT BENEFITS WHO RETIRED OR BECAME ELIGIBLE
FOR DISABILITY RETIREMENT BENEFITS AFTER REACHING SIXTY-FIVE YEARS OF
AGE AND AFTER THIRTY YEARS OF SERVICE AS A HUDSON RIVER PILOT ON OR
AFTER THE DATE PILOTAGE RATES ARE COMPUTED PURSUANT TO THIS SECTION
SHALL RECEIVE A TARGET YEARLY BENEFIT COMPUTED AS A SINGLE LIFE ANNUITY,
INITIALLY EQUAL TO SIXTY PERCENT OF THE HIGHEST ANNUAL EARNINGS FROM
SERVICE AS A FULL BRANCH HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE
CHARGES SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION DURING THE LAST THREE FULL CALENDAR YEARS OF
SERVICE AS AN ACTIVE PILOT PRIOR TO RETIREMENT REDUCED AS PROVIDED IN
SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED IN SUBDIVISION
EIGHT OF THIS SECTION.
(C) THE BENEFITS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL
ONLY BE AVAILABLE TO RETIRED HUDSON RIVER PILOTS WHO RETIRED PRIOR TO
THE YEAR NINETEEN HUNDRED NINETY DURING THE FIRST TWELVE MONTHS AFTER
THE EFFECTIVE DATE OF THIS PARAGRAPH. THE BENEFITS DESCRIBED IN PARA-
GRAPH (B) OF THIS SUBDIVISION SHALL BE AVAILABLE TO ALL RETIRED HUDSON
RIVER PILOTS WHO RETIRED PRIOR TO THE YEAR TWO THOUSAND AFTER THE FIRST
TWELVE MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH. THE BENEFITS
DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE AVAILABLE TO ALL
RETIRED HUDSON RIVER PILOTS AND PILOTS ON DISABILITY RETIREMENT AFTER
THE FIRST TWENTY-FOUR MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
6. (A) A HUDSON RIVER PILOT ELIGIBLE FOR BENEFITS SET FORTH IN SUBDI-
VISION 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 OCTO-
BER 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 NOVEM-
BER 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
S. 4219--A 5
PILOT'S LAST CALENDAR YEAR AS AN ACTIVE PILOT SHALL BE CONSIDERED A FULL
CALENDAR YEAR.
(D) IF A RETIRED HUDSON RIVER PILOT OR A HUDSON RIVER PILOT RECEIVING
DISABILITY RETIREMENT BENEFITS DIES WITHOUT A SURVIVING SPOUSE, THE
BALANCE OF THE TARGET 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.
7. (A) THE SURVIVING SPOUSE OF A HUDSON RIVER PILOT DESCRIBED IN
SUBDIVISION FIVE OF THIS SECTION WHO DIES WHILE IN ACTIVE SERVICE SHALL
RECEIVE A TARGET 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, REDUCED AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND
ADJUSTED AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION.
(B) WITH RESPECT TO HUDSON RIVER PILOTS DESCRIBED IN SUBDIVISION FIVE
OF THIS SECTION, THE SURVIVING SPOUSE OF A DECEASED RETIRED HUDSON RIVER
PILOT OR A DECEASED HUDSON RIVER PILOT RECEIVING DISABILITY RETIREMENT
BENEFITS ON THE DATE OF DEATH, SHALL RECEIVE A TARGET 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, REDUCED
AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED
IN SUBDIVISION EIGHT OF THIS SECTION.
(C) UPON THE DEATH OF THE SURVIVING SPOUSE OF A DECEASED HUDSON RIVER
PILOT WHO WAS RECEIVING BENEFITS, THE BALANCE OF THE TARGET 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.
8. THE HUDSON RIVER PILOTS SURCHARGE BOARD OR ANY COMMITTEE APPOINTED
THEREBY SHALL ADJUST THE BENEFITS DESCRIBED IN SUBDIVISION FIVE OF THIS
SECTION BY NOT MORE THAN ONE-HALF OF THE CUMULATIVE ADJUSTMENT IN THE
"CONSUMER PRICE INDEX-ALL URBAN CONSUMERS-(CPI-U) N.Y.-NORTHERN
N.J.-LONG ISLAND, NY-NJ-CT-ALL ITEMS" ON THE EARLIER OF EACH THIRD ANNI-
VERSARY OF THE EFFECTIVE DATE OF THIS SUBDIVISION OR THE DATE ON WHICH
SUCH CONSUMER PRICE INDEX INCREASES BY AN INCREMENT OF MORE THAN TWELVE
PERCENT FROM THE LEVEL IN EFFECT ON THE DATE (A) THIS SUBDIVISION TOOK
EFFECT, OR (B) OF ANY SUBSEQUENT ADJUSTMENT TO SUCH RATES. THESE ADJUST-
MENTS SHALL TAKE PLACE FOR A PERIOD OF FIFTEEN YEARS FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION WITH RESPECT TO PILOTS DESCRIBED IN PARAGRAPH
(B) OF SUBDIVISION FIVE OF THIS SECTION AND FOR A PERIOD OF FIFTEEN
YEARS FROM THE DATE OF RETIREMENT WITH RESPECT TO PILOTS DESCRIBED IN
PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION. ADJUSTMENTS GRANTED
TO RETIRED PILOTS OR THEIR SURVIVING SPOUSES RETIRED LESS THAN THE FULL
THREE YEAR INTERVAL BETWEEN ADJUSTMENTS SHALL HAVE SUCH ADJUSTMENTS
PRO-RATED TO THE NUMBER OF MONTHS THEY HAVE BEEN RETIRED PRIOR TO SUCH
ADJUSTMENT. THE DETERMINATION BY THE SURCHARGE BOARD, OR ANY COMMITTEE
APPOINTED THEREBY, OF THE AMOUNT OF SUCH ADJUSTMENT SHALL BE FINAL.
9. IN THE EVENT THAT IN ANY CALENDAR YEAR THE SURCHARGE DESCRIBED IN
SUBPARAGRAPH ONE-C OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION
IS SUBJECT TO THE LIMITATION SET FORTH IN SUCH SUBPARAGRAPH ONE-C THE
BENEFITS PAYABLE UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION FIVE OF
THIS SECTION AND SUBDIVISION SEVEN OF THIS SECTION AND THE PORTION OF
THE SURCHARGE ALLOCABLE THERETO, SHALL BE REDUCED ON A PRO-RATA BASIS.
THE HUDSON RIVER PILOTS' SURCHARGE BOARD SHALL DETERMINE THE AMOUNT OF
SUCH REDUCTIONS WHICH DETERMINATIONS SHALL BE FINAL.
S. 4219--A 6
10. PILOTS ELIGIBLE FOR BENEFITS AS PROVIDED IN THIS SECTION SHALL
HAVE NINETY DAYS TO CHOOSE TO ENROLL IN THE RETIREMENT BENEFIT DESCRIBED
IN SUBDIVISION FIVE OF THIS SECTION COMMENCING FROM THE DATE THAT INDI-
VIDUAL BECOMES ELIGIBLE TO RECEIVE SUCH BENEFITS. PILOTS ELIGIBLE FOR
BENEFITS AS PROVIDED IN THIS SECTION WHO RETIRE FROM ACTIVE SERVICE AND
CHOOSE TO ENROLL IN THE RETIREMENT BENEFIT DESCRIBED IN SUBDIVISION FIVE
OF THIS SECTION SHALL NOT BE ELIGIBLE TO RECEIVE ANY OTHER RETIREMENT
BENEFIT FROM THE HUDSON RIVER PILOTS ASSOCIATION. THE DECISION TO
ENROLL, OR DECLINE TO ENROLL, IN THE BENEFIT PROVIDED IN SUBDIVISION
FIVE OF THIS SECTION SHALL BE IRREVOCABLE AFTER NINETY DAYS FROM THE
DATE THAT INDIVIDUAL SHALL BECOME ELIGIBLE TO RECEIVE SUCH BENEFIT.
11. 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 ASSOCI-
ATION. A "HUDSON RIVER PILOT ON DISABILITY RETIREMENT" FOR THE PURPOSES
OF THIS SECTION IS DEFINED AS A PILOT WHO BECAME DISABLED BY ACCIDENT OR
SICKNESS, AND WAS CERTIFIED AS DISABLED BY A PHYSICIAN CHOSEN BY THE
HUDSON RIVER PILOTS ASSOCIATION, AFTER A MINIMUM OF TWENTY-FIVE YEARS OF
SERVICE IN THE HUDSON RIVER PILOTS ASSOCIATION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
