N.Y. General City Law § 16-c: Minimum service retirement benefits for certain sanitation department employees in cities and who are members of pension or retirement sy...

§ 16-c. Minimum service retirement benefits for certain sanitation

department employees in cities and who are members of pension or

retirement systems maintained by such cities. 1. For the purposes of

this section the uniformed force of a city department of sanitation or

similar department or agency shall be deemed to consist of

sanitationman, assistant foreman, foreman, district superintendent,

senior superintendent, supervising superintendent, principal

superintendent, city superintendent, director of operations and general

superintendent.

2. Notwithstanding the provisions of any general, special or local

law, charter or administrative code to the contrary, and in lieu of any

lesser amount otherwise prescribed, any person:

(a) who is a member of the uniformed force of the department of

sanitation or similar department or agency of a city, and is a member of

a pension or retirement system maintained by such city; and

(b) who, by reason of a plan or option selected by him or otherwise

made applicable to him pursuant to or by the administrative code or

charter or other local provisions of law governing the rate of

contribution and eligibility for service retirement of members of such

uniformed force who are members of such city-maintained pension or

retirement system:

(1) is required to make contributions to such system at a rate

calculated on the basis of a service-fraction of not less than one

one-hundredth of his final compensation under such system; and

(2) is eligible for retirement for service upon completion of a

minimum of twenty-five years of service in such uniformed force as a

member of such system; and

(c) who has completed at least twenty-five years of service in such

uniformed force as a member of such system;

shall, upon retirement for service, receive, on account of the first

twenty-five years of service in such uniformed force, a pension or

retirement allowance which shall, subject to the provisions of this

section, be equal to one-half of his annual salary or compensation when

so retired.

3. Where a city-maintained pension or retirement system for such

members of such uniformed force of such city provides, upon retirement

for service, for a retirement allowance consisting of a pension (with or

without a pension for-increased-take-home-pay) plus an annuity which is

the actuarial equivalent of the member's accumulated contributions or

accumulated deductions at the time of his retirement, then in that event

there shall be added by the city, whenever required, a further pension

of such amount which, together with the member's annuity, shall be

sufficient to provide him with a retirement allowance equal to one-half

of his annual salary or compensation when so retired. For the purpose

only of determining the amount of the additional pension contributions

by the city that may be required, the member's annuity, if any, shall be

computed, as it would be, (a) if it were not reduced by the actuarial

equivalent of any outstanding loan, (b) if it were not increased by the

actuarial equivalent of any additional contributions, (c) if it were not

reduced by reason of the member's election to decrease his annuity

contributions in order to apply the amount of such reduction in payment

of his contributions for old-age and survivors insurance coverage, (d)

as it would be without any optional modification.

4. Where additional retirement benefits are payable under the

city-maintained pension or retirement system, such additional benefits

shall be paid, for service in addition to and in excess of twenty-five

years of service, in addition to the minimum retirement benefits

required to be paid by this section.

5. The provisions of this section shall not apply to members of the

New York state employees' retirement system.