§ 445-h. Optional twenty-five year improved benefit retirement program
for police communications 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. "Police communications member" shall mean a member of the
retirement system employed by the police department as a police
communications technician, a supervising police communications
technician or a principal police communications technician.

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, as such date
is certified pursuant to section forty-one of the legislative law.

5. "Participant in the twenty-five year improved benefit retirement
program" shall mean any police communications 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.

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 credited service.

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 police communications 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
police communications 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 police communications 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 police communications member, a duly executed
application for such participation with the retirement system, provided
he or she is such a police communications 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 police
communications 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
police communications 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 police communications member
and returns to such service as a police communications 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 police communications 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 from
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 from 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, or
fraction thereof, beyond such required minimum period of service equal
to two percent of his or her final average salary; and

4. 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 13-125 or section 13-162 of
the administrative code, 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, an
additional six percent of his or her compensation earned from (i) all
credited 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 (ii) all credited 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 (i) the date as of which he or she is eligible to
retire with twenty-five years of credited service under such retirement
program, or (ii) 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 article, 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 article.

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, 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 subclause two of clause (C) of
subparagraph (i) of 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 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 five years of credited
service cease to hold a position as a police communications 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.