Legislation
SECTION 604-C*3
Twenty-year retirement program for Triborough bridge and tunnel members
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 15
* § 604-c. Twenty-year retirement program for Triborough bridge and
tunnel 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. "Triborough bridge and tunnel member" shall mean a member (as
defined in subdivision e of section six hundred one of this article) who
is employed by the Triborough bridge and tunnel authority as a bridge
and tunnel officer, sergeant, or lieutenant in a non-managerial
position.
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 date of enactment of the act which added this section, as such date
is certified pursuant to section forty-one of the legislative law.
4. "Participant in the twenty-year retirement program" shall mean any
Triborough bridge and tunnel 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.
5. "Discontinued member" shall mean a participant in the twenty-year
retirement program who, while he or she was a Triborough bridge and
tunnel member, discontinued service as such a member and has a right to
a deferred vested benefit under subdivision d of this section.
6. "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
Triborough bridge and tunnel member on the starting date of the
twenty-year retirement program and who, as such a bridge and tunnel
member or otherwise, last became subject to the provisions of this
article prior to such starting date, may elect to become a participant
in the twenty-year retirement program by filing, within one hundred
eighty days after the starting 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 bridge and tunnel member on the date such application is
filed.
2. Subject to the provisions of paragraph six of this subdivision, any
person who becomes a Triborough bridge and tunnel member after the
starting date of the twenty-year retirement program and who, as such a
bridge and tunnel member or otherwise, last became subject to the
provisions of this article prior to such starting date, may elect to
become a participant in the twenty-year retirement program by filing,
within one hundred eighty days after becoming such a bridge and tunnel
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 bridge and tunnel 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 Triborough bridge and tunnel member who becomes subject to the
provisions of this article on or after the starting 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
bridge and tunnel member.
5. Where any participant in the twenty-year retirement program shall
cease to be employed by the Triborough bridge and tunnel authority as a
bridge and tunnel member, he or she shall cease to be such a participant
and, during any period in which such person is not so employed, 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 as a Triborough bridge and tunnel member and returns
to such service as a Triborough bridge and tunnel 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 credited service; 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 of credited service, or fraction thereof, beyond such
required minimum period of service equal to one and one-half percent of
his or her final average salary.
(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
shall be entitled to receive a deferred vested benefit as provided in
this subdivision if such participant:
(i) discontinues service as a Triborough bridge and tunnel member,
other than by death or retirement; and
(ii) prior to such discontinuance, completed five but less than twenty
years of credited service; 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.
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) In the case of a participant who is not a New York city revised
plan member, 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 or, in the case of a participant
who is a New York city revised plan member, such vested benefit shall
become payable at age sixty-three.
3. Such deferred vested benefit shall be a pension consisting of an
amount equal to two and one-half percent of such discontinued member's
final average salary, multiplied by the number of years of credited
service.
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 in the rank of
bridge and tunnel officer shall contribute to the retirement system of
which he or she is a member (subject to the applicable provisions of
subdivision d of section six hundred thirteen of this article) an
additional five and fifty one-hundredths percent of his or her
compensation and each participant in the twenty-year retirement program
in the rank of sergeant or lieutenant shall contribute to the retirement
system an additional six percent of his or her compensation earned from
all allowable service as a Triborough bridge and tunnel member rendered
on and after the date which is one hundred eighty days prior to the
starting date of the twenty-year retirement program. A participant in
the twenty-year retirement program shall contribute additional member
contributions until the later of (i) the date as of which he or she has
twenty years of credited service as a bridge and tunnel officer, or (ii)
the third anniversary of the date that he or she last became a
participant in the twenty-year retirement program.
2. Commencing with the first full payroll period after each person
becomes a participant in the twenty-year retirement program, additional
member contributions at the rate specified in paragraph one of this
subdivision shall be deducted (subject to the applicable provisions of
subdivision d of section six hundred thirteen of this article) from the
compensation of such participant on each and every payroll of such
participant for each and every payroll period.
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 at the
rate of five percent per annum, 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, until such amount is paid to
the retirement system.
(ii) Except as provided in subparagraph (iii) of this paragraph, no
interest shall be due on any such 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 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 subparagraph (i) of this paragraph) as if such additional
contributions had never been made.
(iv) Notwithstanding any other provisions of this paragraph, no
participant shall be charged interest for any period prior to March
twenty-fifth, nineteen hundred ninety-eight with respect to any
contributions owed with respect to any payroll period beginning prior to
such date.
4. The head of a retirement system which includes participants in the
twenty-year retirement program in its membership may, consistent with
the provisions of this subdivision, promulgate regulations for the
payment of such additional member contributions, and any interest
thereon, by such participants (including the deduction of such
contributions, and any interest thereon, from the participant's
compensation).
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.
7-a. Notwithstanding paragraph six or seven of this subdivision, where
a deficiency chargeable to a participant pursuant to paragraph three of
this subdivision has not been paid in full while the participant is a
Triborough bridge and tunnel member and such participant retires prior
to July first, two thousand eleven, such participant may elect to be
covered by this paragraph. Such participant shall be entitled to the
benefits provided in subdivision c of this section provided that
participant authorizes the retirement system to deduct from such
benefits an amount which will result in the deficiency, plus associated
interest to date of final payment, being paid in full no later than July
first, two thousand eleven or such earlier date as agreed to by the
participant. Such amount will be deducted in equal installments on a
monthly basis. Nothing in this paragraph shall prevent the participant
from making a partial payment of the amount of the deficiency at the
time of retirement so as to reduce the monthly payment nor to make a
lump sum payment equal to the amount of the total unpaid balance at any
time during the period of repayment.
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) Should a participant in the twenty-year retirement program who
has rendered less than fifteen years of allowable service as a
Triborough bridge and tunnel member cease to hold a position as a
Triborough bridge and tunnel 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) 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.
(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 any interest
thereon from the retirement system.
9. A member who has made the additional contributions specified by
this subdivision may borrow a portion of such contributions, pursuant to
the provisions of section six hundred thirteen-b of this article.
* NB There are 3 § 604-c's
tunnel 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. "Triborough bridge and tunnel member" shall mean a member (as
defined in subdivision e of section six hundred one of this article) who
is employed by the Triborough bridge and tunnel authority as a bridge
and tunnel officer, sergeant, or lieutenant in a non-managerial
position.
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 date of enactment of the act which added this section, as such date
is certified pursuant to section forty-one of the legislative law.
4. "Participant in the twenty-year retirement program" shall mean any
Triborough bridge and tunnel 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.
5. "Discontinued member" shall mean a participant in the twenty-year
retirement program who, while he or she was a Triborough bridge and
tunnel member, discontinued service as such a member and has a right to
a deferred vested benefit under subdivision d of this section.
6. "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
Triborough bridge and tunnel member on the starting date of the
twenty-year retirement program and who, as such a bridge and tunnel
member or otherwise, last became subject to the provisions of this
article prior to such starting date, may elect to become a participant
in the twenty-year retirement program by filing, within one hundred
eighty days after the starting 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 bridge and tunnel member on the date such application is
filed.
2. Subject to the provisions of paragraph six of this subdivision, any
person who becomes a Triborough bridge and tunnel member after the
starting date of the twenty-year retirement program and who, as such a
bridge and tunnel member or otherwise, last became subject to the
provisions of this article prior to such starting date, may elect to
become a participant in the twenty-year retirement program by filing,
within one hundred eighty days after becoming such a bridge and tunnel
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 bridge and tunnel 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 Triborough bridge and tunnel member who becomes subject to the
provisions of this article on or after the starting 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
bridge and tunnel member.
5. Where any participant in the twenty-year retirement program shall
cease to be employed by the Triborough bridge and tunnel authority as a
bridge and tunnel member, he or she shall cease to be such a participant
and, during any period in which such person is not so employed, 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 as a Triborough bridge and tunnel member and returns
to such service as a Triborough bridge and tunnel 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 credited service; 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 of credited service, or fraction thereof, beyond such
required minimum period of service equal to one and one-half percent of
his or her final average salary.
(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
shall be entitled to receive a deferred vested benefit as provided in
this subdivision if such participant:
(i) discontinues service as a Triborough bridge and tunnel member,
other than by death or retirement; and
(ii) prior to such discontinuance, completed five but less than twenty
years of credited service; 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.
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) In the case of a participant who is not a New York city revised
plan member, 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 or, in the case of a participant
who is a New York city revised plan member, such vested benefit shall
become payable at age sixty-three.
3. Such deferred vested benefit shall be a pension consisting of an
amount equal to two and one-half percent of such discontinued member's
final average salary, multiplied by the number of years of credited
service.
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 in the rank of
bridge and tunnel officer shall contribute to the retirement system of
which he or she is a member (subject to the applicable provisions of
subdivision d of section six hundred thirteen of this article) an
additional five and fifty one-hundredths percent of his or her
compensation and each participant in the twenty-year retirement program
in the rank of sergeant or lieutenant shall contribute to the retirement
system an additional six percent of his or her compensation earned from
all allowable service as a Triborough bridge and tunnel member rendered
on and after the date which is one hundred eighty days prior to the
starting date of the twenty-year retirement program. A participant in
the twenty-year retirement program shall contribute additional member
contributions until the later of (i) the date as of which he or she has
twenty years of credited service as a bridge and tunnel officer, or (ii)
the third anniversary of the date that he or she last became a
participant in the twenty-year retirement program.
2. Commencing with the first full payroll period after each person
becomes a participant in the twenty-year retirement program, additional
member contributions at the rate specified in paragraph one of this
subdivision shall be deducted (subject to the applicable provisions of
subdivision d of section six hundred thirteen of this article) from the
compensation of such participant on each and every payroll of such
participant for each and every payroll period.
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 at the
rate of five percent per annum, 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, until such amount is paid to
the retirement system.
(ii) Except as provided in subparagraph (iii) of this paragraph, no
interest shall be due on any such 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 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 subparagraph (i) of this paragraph) as if such additional
contributions had never been made.
(iv) Notwithstanding any other provisions of this paragraph, no
participant shall be charged interest for any period prior to March
twenty-fifth, nineteen hundred ninety-eight with respect to any
contributions owed with respect to any payroll period beginning prior to
such date.
4. The head of a retirement system which includes participants in the
twenty-year retirement program in its membership may, consistent with
the provisions of this subdivision, promulgate regulations for the
payment of such additional member contributions, and any interest
thereon, by such participants (including the deduction of such
contributions, and any interest thereon, from the participant's
compensation).
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.
7-a. Notwithstanding paragraph six or seven of this subdivision, where
a deficiency chargeable to a participant pursuant to paragraph three of
this subdivision has not been paid in full while the participant is a
Triborough bridge and tunnel member and such participant retires prior
to July first, two thousand eleven, such participant may elect to be
covered by this paragraph. Such participant shall be entitled to the
benefits provided in subdivision c of this section provided that
participant authorizes the retirement system to deduct from such
benefits an amount which will result in the deficiency, plus associated
interest to date of final payment, being paid in full no later than July
first, two thousand eleven or such earlier date as agreed to by the
participant. Such amount will be deducted in equal installments on a
monthly basis. Nothing in this paragraph shall prevent the participant
from making a partial payment of the amount of the deficiency at the
time of retirement so as to reduce the monthly payment nor to make a
lump sum payment equal to the amount of the total unpaid balance at any
time during the period of repayment.
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) Should a participant in the twenty-year retirement program who
has rendered less than fifteen years of allowable service as a
Triborough bridge and tunnel member cease to hold a position as a
Triborough bridge and tunnel 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) 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.
(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 any interest
thereon from the retirement system.
9. A member who has made the additional contributions specified by
this subdivision may borrow a portion of such contributions, pursuant to
the provisions of section six hundred thirteen-b of this article.
* NB There are 3 § 604-c's