§ 604-a. Twenty-year 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. "New York city sanitation member" shall mean a member (as defined
in subdivision e of section six hundred one of this article) who is a
member of the uniformed force of the New York city department of
sanitation.

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

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

4. "Enactment date of the twenty-year 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.

5. "Participant in the twenty-year 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
retirement program, as applicable to him or her.

6. "Allowable service in the uniformed sanitation force" shall mean:

(i) credited service which was rendered as a member of the uniformed
force of the New York city department of sanitation; and

(ii) credited service which was rendered in another uniformed force
(as defined in paragraph seven of this subdivision) immediately prior to
becoming a member of the uniformed force of the New York city department
of sanitation; and

(iii) credited service which was rendered in the uniformed force of
the New York city police department or the uniformed force of the New
York city fire department immediately prior to becoming a member of the
uniformed force of the New York city department of sanitation and which
was transferred to the New York city employees' retirement system
pursuant to section forty-three of this chapter.

7. "Another uniformed force" shall mean (i) the uniformed transit
police force maintained by the New York city transit authority and by
its predecessor, the board of transportation; or (ii) all of the
positions in the New York city housing authority which are included in
the housing police service of the classification of the New York city
department of personnel; or (iii) the uniformed force of the New York
city department of correction.

8. "Minimum period" shall mean the minimum period of twenty years of
allowable service in the uniformed sanitation force that is required in
order for a participant in the twenty-year retirement program to be
eligible for early service retirement pursuant to paragraph one of
subdivision c of this section.

9. "Final compensation" shall mean the average compensation earned by
a member during any five consecutive years which provide the highest
average compensation. Where the period used to determine final
compensation is the period which immediately precedes the date of
retirement, any month or months (not in excess of twelve) which would
otherwise be included in computing final compensation but during which
the member was on authorized leave of absence at partial pay or without
pay shall be excluded from the computation of final compensation and the
month or an equal number of months immediately preceding such period
shall be substituted in lieu thereof.

10. "Discontinued member" shall mean a participant in the twenty-year
retirement program who, while he or she was a New York city sanitation
member, discontinued service in the uniformed force of the New York city
department of sanitation and has a right to a deferred vested benefit
under subdivision d of this section.

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

b. Participation in twenty-year retirement program.

1. Subject to the provisions of paragraph six of this subdivision, any
person who is a New York city sanitation member on the enactment date of
the twenty-year retirement program and who, as such a sanitation member
or otherwise, last became subject to the provisions of this article
prior to such enactment date, may elect to become a participant in the
twenty-year retirement program by filing, within ninety days after the
enactment date of the twenty-year retirement program, a duly executed
application for such participation with the retirement system of which
such person is a member, provided he or she is such a sanitation member
on the date such application is filed.

2. Subject to the provisions of paragraph six of this subdivision, any
person who becomes a New York city sanitation member after the enactment
date of the twenty-year retirement program and who, as such a sanitation
member or otherwise, last became subject to the provisions of this
article prior to such enactment date, may elect to become a participant
in the twenty-year retirement program by filing, within ninety days
after becoming such a sanitation member, a duly executed application for
such participation with the retirement system of which such person is a
member, 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 retirement
program shall be irrevocable.

4. Each New York city sanitation member who becomes subject to the
provisions of this article on or after the enactment date of the
twenty-year retirement program shall become a participant in the
twenty-year retirement program on the date he or she becomes such a
sanitation member.

5. Where any participant in the twenty-year 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 retirement program and shall not be eligible for the
benefits of subdivision c of this section.

6. Where any participant in the twenty-year 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. Service retirement benefits. 1. A participant in the twenty-year
retirement program:

(i) who has completed twenty or more years of allowable service in the
uniformed sanitation force; and

(ii) who has paid, before the effective date of retirement, all
additional member contributions and interest (if any) required by
subdivision e of this section; and

(iii) who files with the retirement system of which he or she is a
member an application for service retirement setting forth at what time
he or she desires to be retired; and

(iv) who shall be a participant in the twenty-year retirement program
at the time so specified for his or her retirement; shall be retired
pursuant to the provisions of this section affording early service
retirement.

2. (i) Notwithstanding any other provision of law to the contrary, the
early service retirement benefit for participants in the twenty-year
retirement program who retire pursuant to paragraph one of this
subdivision shall be a pension consisting of:

(A) an amount, on account of the required minimum period of service,
equal to one-half of his or her final average salary; plus

(B) an amount for each additional year of allowable service in the
uniformed sanitation force, or fraction thereof, beyond such required
minimum period of service equal to one and one-half percent of his or
her final compensation; plus

(C) an amount for each year, or fraction thereof, of credited service
other than allowable service in the uniformed sanitation force equal to
one percent of his or her final compensation.

(ii) The maximum pension computed without optional modification
payable pursuant to subparagraph (i) of this paragraph shall equal that
payable upon completion of thirty years of service.

d. Vesting. 1. A participant in the twenty-year retirement program
who:

(i) discontinues city-service and service as a member of the uniformed
force of the New York city department of sanitation, other than by death
or retirement; and

(ii) prior to such discontinuance, completed five but less than twenty
years of allowable service in the uniformed sanitation force; and

(iii) has paid, prior to such discontinuance, all additional member
contributions and interest (if any) required by subdivision e of this
section; and

(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen of this article; shall be entitled to
receive a deferred vested benefit as provided in this subdivision.

2. (i) Upon such discontinuance under the conditions and in compliance
with the provisions of paragraph one of this subdivision, such deferred
vested benefit shall vest automatically.

(ii) Such vested benefit shall become payable on the earliest date on
which such discontinued member could have retired for service if such
discontinuance had not occurred.

3. Such deferred vested benefit shall be a pension consisting of:

(i) an amount equal to two and one-half percent of such discontinued
member's final average salary, multiplied by the number of years of
allowable service in the uniformed sanitation force credited to such
discontinued member on the date of such discontinuance; plus

(ii) an amount for each year, or fraction thereof, of credited service
other than allowable service in the uniformed sanitation force equal to
one percent of his or her final compensation.

e. Additional member contributions. 1. In addition to the member
contributions required by section six hundred thirteen of this article,
each participant in the twenty-year retirement program shall contribute
to the retirement system of which he or she is a member (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 allowable service in the uniformed
sanitation force rendered on and after the starting date of the
twenty-year retirement program. A participant in the twenty-year
retirement program shall contribute additional member contributions only
until he or she has twenty years of allowable service in the uniformed
sanitation force.

2. (i) Commencing with the payroll period which begins on the starting
date of the twenty-year 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, in 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 such
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 eight of this
subdivision, has withdrawn any additional member contributions (and any
interest paid thereon) again become a participant in the twenty-year
retirement program pursuant to paragraph six 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 five percent
per annum, 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 before the effective date of retirement, that participant shall not
be eligible to retire pursuant to subdivision c of this section.

6. Where a contribution deficiency chargeable to a participant
pursuant to paragraph three of this subdivision has not been paid in
full before the date of discontinuance of service, that participant
shall not be entitled to a deferred vested benefit pursuant to
subdivision d of this section.

7. 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 member contributions
pursuant to section six hundred thirteen of this article or a refund of
additional member contributions pursuant to paragraph eight of this
subdivision, becomes payable under this article 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.

8. (i) Such additional member contributions (and any interest thereon)
shall be paid into the contingent reserve fund of the retirement system
of which the participant is a member and shall not for any purpose be
deemed to be member contributions or accumulated contributions of a
member under section six hundred thirteen of this article or otherwise
while he or she is a participant in the twenty-year retirement program
or otherwise, except that, a surplus of such additional member
contributions that are paid into the retirement system's contingent
reserve fund may be used for the sole purpose of offsetting a deficit of
basic member contributions.

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

(B) Upon the death of a participant in the twenty-year retirement
program, there shall be paid to such person as he or she has nominated
or shall nominate to receive his or her accumulated member contributions
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 five percent per annum, compounded annually.

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

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