S T A T E O F N E W Y O R K
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3951--A
Cal. No. 855
2015-2016 Regular Sessions
I N S E N A T E
February 24, 2015
___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation -- reported favorably from said committee,
ordered to first and second report, amended on second report, ordered
to a third reading, and to be reprinted as amended, retaining its
place in the order of third reading
AN ACT to amend the navigation law, in relation to the creation of a
Hudson River pilots surcharge board; and to amend the navigation law,
in relation to time restrictions on continuous pilotage on vessels
transiting the Hudson River
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 4 of section 89-a of the navi-
gation law, as added by chapter 197 of the laws of 1990, is amended to
read as follows:
(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 [fees, at the] rates
hereinafter specified in this subdivision:
S 2. Subparagraph 1 of paragraph (b) of subdivision 4 of section 89-a
of the navigation law, as amended by chapter 392 of the laws of 2006, is
amended to read as follows:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04664-06-5
S. 3951--A 2
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 FOLLOW-
ING BASE PILOTAGE RATES SHALL BE APPLICABLE:
ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.41 PER PILO-
TAGE 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 PILO-
TAGE 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 PILO-
TAGE 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:
S. 3951--A 3
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 PILO-
TAGE 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.
S 3. Paragraph (b) of subdivision 4 of section 89-a of the navigation
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 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 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 SOCIETY OF MARITIME ARBITRATORS 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 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 MEET-
ING, TO DETERMINE THE RATE OF SURCHARGE, ASSISTED AS NECESSARY BY QUALI-
FIED ACTUARIES OR ACCOUNTANTS, AUTHORIZED IN CLAUSE (I) OF SUBPARAGRAPH
ONE-C OF THIS PARAGRAPH DURING EACH CALENDAR QUARTER IN TIME SUFFICIENT
S. 3951--A 4
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 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 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 SUBPARA-
GRAPH.
THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA-
GRAPH 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 SUBPARA-
GRAPH 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 SUBPARA-
GRAPH 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 SUBPARA-
GRAPH.
THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA-
GRAPH SHALL BE COMPUTED AS FOLLOWS:
PILOTAGE UNITS SURCHARGE
0-50 $280.00
S. 3951--A 5
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 SET FORTH IN SUBPARAGRAPH ONE OF THIS PARA-
GRAPH 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 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
RETIREMENT BENEFIT TO (I) HUDSON RIVER PILOTS ACTIVE ON THE DATE PILO-
TAGE 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.
S 4. Section 89-a of the navigation law is amended by adding five new
subdivisions 5, 6, 7, 8 and 9 to read as follows:
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 CONTRIB-
UTION OF AN AMOUNT EQUIVALENT TO TWELVE PERCENT OF THE EARNINGS FROM
SERVICE AS AN ACTIVE HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE
S. 3951--A 6
TARIFFS SET FORTH IN THIS PARAGRAPH. 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 THIS PARA-
GRAPH 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 THIS PARAGRAPH 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 THIS PARAGRAPH 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 THOU-
SAND 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 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
S. 3951--A 7
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 BENE-
FIT 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 ASSOCI-
ATION. 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.
S 5. Subparagraph 1-a of paragraph (b) of subdivision 4 of section
89-a of the navigation law, as amended by chapter 482 of the laws of
2003, is amended to read as follows:
(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 commission-
ers 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.
S. 3951--A 8
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 contin-
uous pilotage of more than eight] CAN REASONABLY BE EXPECTED TO REQUIRE
A CONTINUOUS PILOTAGE OF APPROXIMATELY 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 eight hours by one pilot.]
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.
