§ 445-b. Optional twenty-year improved benefit retirement program for
New York city sanitation 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. "Retirement system" shall mean the New York city employees'
retirement system.

2. "New York city sanitation member" shall mean a member of the
retirement system who is subject to the provisions of this article, who
is a member of the uniformed force of the New York city department of
sanitation and who has elected to contribute to the retirement system on
the basis of a minimum retirement period of twenty years of allowable
service rendered in such sanitation force pursuant to the optional
retirement provisions of section 13-159 or 13-160 of the administrative
code.

3. "Twenty-year improved benefit retirement program" shall mean all
the terms and conditions of this section.

4. "Starting date of the twenty-year improved benefit retirement
program" shall mean the commencement date of the payroll period which
includes July first, nineteen hundred ninety-two.

5. "Enactment date of the twenty-year improved benefit retirement
program" shall mean the date of enactment of the act which added this
section, as such date is certified pursuant to section forty-one of the
legislative law.

6. "Participant in the twenty-year improved benefit retirement
program" shall mean any New York city sanitation 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-year improved benefit retirement program, as applicable to
him or her.

7. "Administrative code" shall mean the administrative code of the
city of New York.

8. "Accumulated deductions" shall mean accumulated deductions as
defined in subdivision eleven of section 13-101 of the administrative
code.

b. Election of twenty-year improved benefit retirement program. 1.
Subject to the provisions of paragraph five of this subdivision, any
person who is a New York city sanitation member on the enactment date of
the twenty-year improved benefit retirement program may elect to become
a participant in the twenty-year improved benefit retirement program by
filing, within ninety days after such enactment date, a duly executed
application for such participation with the retirement system, provided
he or she is such a sanitation member on the date such application is
filed.

2. Subject to the provisions of paragraph five of this subdivision,
any person who becomes a New York city sanitation member after the
enactment date of the twenty-year improved benefit retirement program
may elect to become a participant in the twenty-year improved benefit
retirement program by filing, within ninety days after becoming such a
sanitation member, a duly executed application for such participation
with the retirement system, provided he or she is such a sanitation
member on the date such application is filed.

3. Any election to be a participant in the twenty-year improved
benefit retirement program shall be irrevocable.

4. Where any participant in the twenty-year improved benefit
retirement program shall cease to hold a position in the uniformed force
of the New York city department of sanitation, he or she shall cease to
be such a participant and, during any period in which such person does
not hold such a uniformed sanitation position, he or she shall not be a
participant in the twenty-year improved benefit retirement program and
shall not be eligible for the benefits of subdivision c of this section.

5. Where any participant in the twenty-year improved benefit
retirement program terminates service in the uniformed force of the New
York city department of sanitation and returns to such service as a New
York city sanitation member at a later date, he or she shall again
become such a participant on that date.

c. Notwithstanding any other provision of law to the contrary, where a
participant in the twenty-year improved benefit retirement program, who
is otherwise qualified for a retirement allowance pursuant to section
13-159, 13-160 or 13-173.1 of the administrative code, has made and/or
paid, while he or she is a New York city sanitation member, all
additional member contributions and interest (if any) required by
subdivision d of this section, then:

(i) that participant, while he or she remains a participant, shall not
be subject to the provisions of subdivision a of section four hundred
forty-five of this chapter; and

(ii) if that participant, while such a participant, retires from
service, he or she shall not be subject to the provisions of section
four hundred forty-four of this chapter; and

(iii) the maximum retirement benefit computed without optional
modification payable to that participant upon his or her retirement for
service as such a participant shall equal that payable upon completion
of thirty years of service.

d. Additional member contributions. 1. In addition to the member
contributions required pursuant to section 13-159 or 13-160 of the
administrative code, each participant in the twenty-year improved
benefit retirement program shall contribute (subject to the applicable
provisions of section 13-125.1 of the administrative code) an additional
five and thirty-five one-hundredths percent of his or her compensation
earned from all service as a New York city sanitation member (including
service creditable as such sanitation service) rendered on and after the
starting date of the twenty-year improved benefit retirement program. A
participant in the twenty-year improved benefit retirement program shall
contribute additional member contributions only until he or she is
eligible to retire with twenty years of allowable service in the
uniformed force of the New York city department of sanitation under such
retirement program.

2. (i) Commencing with the payroll period which begins on the starting
date of the twenty-year improved benefit retirement program (for a
person who elects to become a participant prior to such starting date),
or commencing with the first full payroll period after a person becomes
such a participant (for a person who becomes a participant on or after
such starting date), additional member contributions at the rate
specified in paragraph one of this subdivision shall be deducted
(subject to the applicable provisions of section 13-125.1 of the
administrative code) from the compensation of such participant on each
and every payroll of such participant for each and every payroll period.

(ii) (A) Where any additional member contributions required by
paragraph one of this subdivision are not paid by deductions from a
participant's compensation pursuant to subparagraph (i) of this
paragraph because such contributions are for service rendered in a
payroll period prior to the actual commencement of deductions pursuant
to such subparagraph (i), such amounts shall be paid by deductions from
the compensation of such participant pursuant to item (B) of this
subparagraph.

(B) Commencing with the payroll period in which deductions of
additional member contributions from a participant's compensation are
begun pursuant to subparagraph (i) of this paragraph, addition to such
deductions required by such subparagraph (i), there shall be another
deduction of additional member contributions made from the compensation
of such participant at the rate specified in paragraph one of this
subdivision (subject to the applicable provisions of section 13-125.1 of
the administrative code) on each and every payroll period until the
total amount of unpaid additional member contributions described in item
(A) of this subparagraph, if any, has been paid by deductions from
compensation pursuant to this subparagraph.

3. (i) (A) Where any additional member contributions required by
paragraph one of this subdivision are not paid by deductions from a
participant's compensation pursuant to paragraph two of this
subdivision, that participant shall be charged with a contribution
deficiency consisting of such unpaid amounts, together with interest
thereon as required by subparagraph (ii) of this paragraph compounded
annually.

(B) Except as provided in subparagraph (ii) of this paragraph, no
participant shall be required to pay any interest on his or her
contribution deficiency.

(ii) (A) Should any person who, pursuant to paragraph seven of this
subdivision, has withdrawn any additional member contributions (and any
interest paid thereon) again become a participant in the twenty-year
improved benefit retirement program pursuant to paragraph five 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 item (B) of this subparagraph) as if
such additional contributions had never been made.

(B) Interest on the amounts of additional member contributions
included in a participant's contribution deficiency pursuant to item (A)
of this subparagraph shall be calculated as if such additional member
contributions had never been paid by a participant, and such interest
shall accrue from the end of the payroll period to which an amount of
additional member contributions is attributable, until such amount is
paid to the retirement system.

(C) 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, compounded annually.

4. A participant, while he or she is a New York city sanitation
member, shall pay the total amount of his or her contribution deficiency
to the retirement system in accordance with payment procedures which
shall be established by the executive director of the retirement system,
and approved by the board of trustees of the retirement system.

5. Where a contribution deficiency chargeable to a participant
pursuant to paragraph three of this subdivision has not been paid in
full while the participant is a New York city sanitation member, that
participant shall not be entitled to the benefits provided in
subdivision c of this section.

6. Where a participant has not paid in full any contribution
deficiency chargeable to him or her pursuant to paragraph three of this
subdivision, and a benefit, other than a refund of a member's
accumulated deductions or a refund of additional member contributions
pursuant to paragraph seven of this subdivision, becomes payable by the
retirement system 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.

7. (i) All additional member contributions required by this
subdivision (and any interest thereon) which are received by the
retirement system shall be paid into its contingent reserve fund and
shall be the property of the retirement system. Such additional member
contributions (and any interest thereon) shall not for any purpose be
deemed to be accumulated deductions of a member of the retirement system
while he or she is a participant in the twenty-year improved benefit
retirement program or otherwise.

(ii) (A) Should a participant in the twenty-year improved benefit
retirement program, who has rendered less than fifteen years of service
in the uniformed force of the New York city department of sanitation
cease to hold a position in such uniformed force 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 eight
and one-quarter percent per annum, compounded annually.

(B) Upon the death of a participant in the twenty-year improved
benefit retirement program, there shall be paid to such person as he or
she has nominated or shall nominate to receive his or her accumulated
deductions by written designation duly executed and filed with the
retirement system during the lifetime of such participant, or, to his or
her estate if no such person is nominated, his or her accumulated
additional member contributions made pursuant to this subdivision
(including any interest thereon paid to the retirement system), together
with interest thereon at the rate of eight and one-quarter percent per
annum, compounded annually.

(iii) Except as otherwise provided in subparagraph (ii) of this
paragraph, no member of the retirement system, while he or she is a
participant in such retirement program or otherwise, shall have a right
to withdraw such additional member contributions or any interest thereon
from the retirement system.

8. No member of the retirement system shall be permitted to borrow any
portion of the additional member contributions (including any interest
paid thereon) which are subject to this subdivision.

9. Notwithstanding any other provision of law to the contrary, the
provisions of section one hundred thirty-eight-b of this chapter shall
not be applicable to the additional member contributions which are
required by this subdivision.

10. Notwithstanding any other provision of law to the contrary, the
additional member contributions which are required by this subdivision
shall not be reduced under any program for increased-take-home-pay.

e. The provisions of this section shall not be construed to provide
benefits to any participant in the twenty-year improved benefit
retirement program which are greater than those which would be received
by a similarly situated member of the uniformed force of the New York
city department of sanitation who is governed by the provisions of
section 13-159 or 13-160 of the administrative code, but who is not
governed by the provisions of this article.