* § 445-e. Optional twenty-five year improved benefit retirement
program for dispatcher 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. "Dispatcher member" shall mean a member of the retirement system
who is subject to the provisions of this article, who is employed by the
city of New York as a fire alarm dispatcher, a supervising fire alarm
dispatcher, level one, a supervising fire alarm dispatcher, level two,
director of dispatch operations, or deputy director of dispatch
operations.

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

4. "Starting date of the twenty-five year improved benefit retirement
program" shall mean the date of enactment of this section.

5. "Participant in the twenty-five year improved benefit retirement
program" shall mean any dispatcher 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-five year improved benefit retirement program, as applicable to
him or her.

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

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

8. "Optional retirement provisions" shall mean the right to retire and
receive a retirement allowance under this section upon the completion of
twenty-five years of allowable service as a dispatcher member.

9. "Allowable service as a dispatcher member" shall mean (i) service
as a dispatcher member and all service in the following civil service
titles: chief fire alarm dispatcher, administrative fire alarm
dispatcher, bus operator (transit), train dispatcher (transit),
firefighter, police officer, correction officer, fire marshal, probation
officer, police communications technician, supervising police
communications technician, principal police communications technician,
police administrative aide, senior police administrative aide, emergency
medical technician, advanced emergency medical technician, emergency
medical service specialist level I, emergency medical specialist level
II, fire prevention inspector, fire protection inspector, senior fire
prevention inspector, principal fire prevention inspector, associate
fire protection inspector, county detective, detective (NYPD), detective
investigator, senior detective investigator, deputy sheriff, senior
deputy sheriff, inspector of fire alarm boxes, radio operator, radio
repair technician, supervisor of radio repair operations, taxi and
limousine inspector, senior taxi and limousine inspector, triborough
bridge and tunnel officer; and(ii) a member of the retirement system who
is employed by the city of New York in a title whose duties require the
supervision of employees whose civil service title is included in
subparagraph (i) of this paragraph.

b. Election of twenty-five year improved benefit retirement program.
1. Subject to the provisions of paragraphs five and six of this
subdivision, any person who is a dispatcher member on the starting date
of the twenty-five year improved benefit retirement program may elect to
become a participant in the twenty-five year improved benefit retirement
program by filing, within one hundred eighty days after such starting
date, a duly executed application for such participation with the
retirement system, provided he or she is such a dispatcher member on the
date such application is filed.

2. Subject to the provisions of paragraphs five and six of this
subdivision, any person who becomes a dispatcher member after the
starting date of the twenty-five year improved benefit retirement
program may elect to become a participant in the twenty-five year
improved benefit retirement program by filing, within one hundred eighty
days after becoming such a dispatcher member, a duly executed
application for such participation with the retirement system, provided
he or she is such a dispatcher member on the date such application is
filed.

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

4. Where any participant in the twenty-five year improved benefit
retirement program shall cease to hold a position as a dispatcher
member, he or she shall cease to be such a participant and, during any
period in which such a person does not hold such a dispatcher position,
he or she shall not be a participant in the twenty-five 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-five year improved benefit
retirement program terminates service as a dispatcher member and returns
to such service as a dispatcher member at a later date, he or she shall
again become such a participant on that date.

6. Notwithstanding any other provision of law to the contrary, any
person who is eligible to become a participant in the twenty-five year
improved benefit retirement program pursuant to paragraph one or two of
this subdivision for the full one hundred eighty day period provided for
in such applicable paragraph and who fails to timely file a duly
executed application for such participation with the retirement system,
shall not thereafter be eligible to become a participant in such
program.

c. Service retirement benefits. Notwithstanding any other provision of
law to the contrary, where a participant in the twenty-five year
improved benefit retirement program, who is otherwise qualified for a
retirement allowance pursuant to the optional retirement provisions set
forth in subdivision a of this section, has made and/or paid, while he
or she is a dispatcher member, all additional member contributions and
interest (if any) required by subdivision d of this section, then:

1. 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 article; and

2. if that participant, while such a participant, retires for service,
he or she shall not be subject to the provisions of section four hundred
forty-four of this article; and

3. his or her retirement allowance shall be an amount, on account of
the required minimum period of service, equal to the sum of (i) an
annuity which shall be the actuarial equivalent of the accumulated
deductions for his or her pay during such period, (ii) a pension for
increased-take-home-pay which shall be the actuarial equivalent of the
reserve for increased-take-home-pay to which he or she may be entitled
for such period, and (iii) a pension which, when added to such annuity
and such pension for increased-take-home-pay, produces a retirement
allowance equal to fifty percent of his or her final average salary,
plus an amount for each additional year of allowable service as a
dispatcher member, or fraction thereof, beyond such required minimum
period of service equal to two percent of his or her final average
salary for such allowable service as a dispatcher member during the
period from completion of twenty-five years of allowable service as a
dispatcher member to the date of retirement but not to exceed more than
five years of additional service as a dispatcher member.

d. Additional member contributions. 1. In addition to the member
contributions required pursuant to section 13-125 or section 13-162 of
the administrative code of the city of New York, each participant in the
twenty-five year improved benefit retirement program shall contribute,
subject to the applicable provisions of section 13-125.2 of the
administrative code of the city of New York, an additional six percent
of his or her compensation earned from all allowable service, as a
participant in the twenty-five year improved benefit retirement program,
rendered on and after the starting date of the improved benefit
retirement program, and all allowable service after such person ceases
to be a participant, but before he or she again becomes a participant
pursuant to paragraph five of subdivision b of this section. A
participant in the twenty-five year improved benefit retirement program
shall contribute additional member contributions until the later of the
date as of which he or she is eligible to retire with thirty years of
allowable service under such retirement program, or the first
anniversary of the starting date of the twenty-five year improved
benefit retirement program. The additional contributions required by
this paragraph shall be in lieu of additional member contributions
required by subdivision (d) of section four hundred forty-five-d of this
chapter, as added by chapter ninety-six of the laws of nineteen hundred
ninety-five, and no member paying additional contributions pursuant to
this section shall be required to pay additional contributions pursuant
to such subdivision (d) of section four hundred forty-five-d of this
chapter.

2. Commencing with the first full payroll period after each person
becomes a participant in the twenty-five year improved benefit
retirement program, additional member contributions at the rate
specified in paragraph one of this subdivision shall be deducted,
subject to the applicable provisions of section 13-125.2 of the
administrative code of the city of New York, from the compensation of
such participant on each and every payroll of such participant for each
and every payroll period for which he or she is such a participant.

3. (i) Subject to the provisions of subparagraph (ii) of this
paragraph, 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:

(A) that participant shall be charged with a contribution deficiency
consisting of such unpaid amounts, together with interest thereon,
compounded annually; and

(B) such interest on each amount of undeducted contributions shall
accrue from the end of the payroll period for which such amount would
have been deducted from compensation if he or she had been a participant
at the beginning of that payroll period and such deductions had been
required for such payroll period until such amount is paid to the
retirement system; and

(C) (1) interest on each such amount included in such participant's
contribution deficiency pursuant to this subparagraph shall be
calculated as if such additional member contributions never had been
paid by such participant, and such interest shall accrue from the end of
the payroll period to which an amount of such additional member
contributions is attributable, compounded annually, until such amount is
paid to the retirement system.

(2) 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.

(ii) Except as provided in subparagraph (iii) of this paragraph, no
interest shall be due on any unpaid additional contributions which are
not attributable to the period prior to the first full payroll period
referred to in paragraph two of this subdivision.

(iii) 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-five
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 this paragraph) for any credited
service with respect to which such person received a refund of
additional member contributions (including any amount of an unpaid loan
balance deemed to have been returned to such person pursuant to
paragraph seven of this subdivision), as if such additional member
contributions never had been paid.

4. The board of trustees of the retirement system may, consistent with
the provisions of this subdivision, promulgate regulations for the
payment of the additional member contributions required by this
subdivision, and any interest thereon, by a participant in the
twenty-five year improved benefit retirement program (including the
deduction of such contributions, and any interest thereon, from his or
her compensation).

5. Where a participant who is otherwise eligible for service
retirement pursuant to subdivision c of this section did not, prior to
the effective date of retirement, pay the entire amount of a
contribution deficiency chargeable to him or her pursuant to paragraph
three of this subdivision, or repay the entire amount of a loan of his
or her additional member contributions pursuant to paragraph eight of
this subdivision (including accrued interest on such loan), that
participant, nevertheless, shall be eligible to retire pursuant to
subdivision c of this section, provided, however, that where such
participant is not entitled to a refund of additional member
contributions pursuant to paragraph seven of this subdivision, such
participant's service retirement benefit calculated pursuant to the
applicable provisions of subdivision c of this section shall be reduced
by a life annuity (calculated in accordance with the method set forth in
subdivision i of section six hundred thirteen-b of this chapter) which
is actuarially equivalent to:

(i) the amount of any unpaid contribution deficiency chargeable to
such member pursuant to paragraph three of this subdivision; plus

(ii) the amount of any unpaid balance of a loan of his or her
additional member contributions pursuant to paragraph eight of this
subdivision (including accrued interest on such loan).

6. Subject to the provisions of paragraph five of this subdivision,
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 member contributions or accumulated deductions of a member
of the retirement system under section 13-125 or section 13-162 of the
administrative code of the city of New York while he or she is a
participant in the twenty-five year improved benefit retirement program
or otherwise.

(ii) Should a participant in the twenty-five year improved benefit
retirement program, who has rendered less than fifteen years of credited
service cease to hold a position as a dispatcher member 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) which remain credited to such participant's
account 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 interest required
by law to be used to credit interest on the accumulated deductions of
retirement system members compounded annually.

(iii) Notwithstanding any other provision of law to the contrary, (A)
no person shall be permitted to withdraw from the retirement system any
additional member contributions paid pursuant to this subdivision or any
interest paid thereon, except pursuant to and in accordance with the
preceding subparagraphs of this paragraph; and (B) no person, while he
or she is a participant in the twenty-five year improved benefit
retirement program, shall be permitted to withdraw any such additional
member contributions or any interest paid thereon pursuant to any of the
preceding subparagraphs of this paragraph or otherwise.

8. A participant in the twenty-five year improved benefit retirement
program shall be permitted to borrow from his or her additional member
contributions, including any interest paid thereon, which are credited
to the additional contributions account established for such participant
in the contingent reserve fund of the retirement system. The borrowing
from such additional member contributions pursuant to this paragraph
shall be governed by the same rights, privileges, obligations and
procedures set forth in section six hundred thirteen-b of this chapter
which govern the borrowing by members subject to article fifteen of this
chapter of member contributions made pursuant to section six hundred
thirteen of this chapter. The board of trustees of the retirement system
may, consistent with the provisions of this subdivision and the
provisions of section six hundred thirteen-b of this chapter as made
applicable to this subdivision, promulgate regulations governing the
borrowing of such additional member contributions.

9. Wherever a person has an unpaid balance of a loan of his or her
additional member contributions pursuant to paragraph eight of this
subdivision at the time he or she becomes entitled to a refund of his or
her additional member contributions pursuant to subparagraph (ii) of
paragraph seven of this subdivision, the amount of such unpaid loan
balance (including accrued interest) shall be deemed to have been
returned to such member, and the refund of such additional contributions
shall be the net amount of such contributions, together with interest
thereon in accordance with the provisions of such subparagraph.

10. 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.

11. 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-five year improved benefit
retirement program which are greater than those which would be received
by a similarly situated member who is entitled to benefits under the
provisions of section 13-157.2 of the administrative code of the city of
New York, but who is not governed by the provisions of this article.

* NB There are 2 § 445-e's