N.Y. Navigation Law § 89-a: Pilotage on the Hudson river; rates

§ 89-a. Pilotage on the Hudson river; rates. 1. Every foreign vessel

and every American vessel under register, except vessels proceeding

otherwise than by sea and of less than three hundred gross registered

tons and having a fully loaded draft of seven feet or less, entering or

departing from the Hudson river north of a line running from the foot of

Main street, Yonkers, west to Alpine, New Jersey, or navigating any of

the waters of the Hudson river north of said line and south of the dam

at Troy, New York, shall take a Hudson river pilot licensed under the

authority of this article. Notwithstanding the provisions of this

subdivision, recreational vessels as defined in section 2101 (34) of

title 46 of the United States Code of less than two hundred feet in

length may be exempted from the compulsory state pilotage requirement at

the discretion of the board of commissioners of pilots. Whenever the

services of such a pilot are refused, the master, owners or consignees

shall pay pilotage as if one had been employed. Such pilotage shall be

paid to the pilot first speaking or offering his services as pilot to

such vessel. The pilotage authorized to be collected whenever a pilot

shall be refused by a vessel shall be sued for and recovered in the name

of the pilot tendering such service. Such pilotage, when recovered,

shall belong to and may be retained by such pilot for his own benefit

and use. Recreational vessels as defined in section 2101 (34) of title

46 of the United States Code may be exempted from the compulsory state

pilotage requirement pursuant to this subdivision at the discretion of

the board of commissioners of pilots.

2. It shall be unlawful for any person not licensed as a Hudson river

pilot under this article to pilot or offer to pilot any foreign vessel

or vessel from a foreign port or any vessel under register on that

portion of the Hudson river specified in the preceding subdivision.

3. Violation of subdivision two of this section shall be a misdemeanor

punishable by a fine not exceeding one hundred dollars or by

imprisonment not exceeding sixty days. Any person employing such an

unlicensed person to act as pilot shall forfeit and pay the sum of one

hundred dollars to the board of commissioners of pilots.

4. (a) Every foreign vessel and every American vessel under register

navigating the waters of that portion of the Hudson river specified in

this section shall be subject to base pilotage rates hereinafter

specified in this subdivision:

(b) From or into the port of New York:

Yonkers Line

The following scale of charges shall be applicable:

(1) (i) All vessels of 100 pilotage units and over shall pay $12.17

per pilotage unit for Section 1, Lower River; Yonkers, to all ports

through Hyde Park.

The following charges shall be applicable to Section 1, Lower River:

Up to 50 pilotage units ........................................ $852.97

More than 50 and up to 100 pilotage units ..................... $1217.00

All vessels of 100 pilotage units and over shall pay ............ $17.19

per pilotage unit for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy.

The following charges shall be applicable to Section 2, Upper River:

Up to 50 pilotage units ....................................... $1406.05

More than 50 and up to 100 pilotage units ..................... $1719.00

A maximum charge of up to 500 pilotage units shall be applicable.

(ii) Twelve months after the effective date of this clause the

following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $12.41 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $870.03

More than 50 and up to 100 pilotage units ..................... $1241.00

A maximum charge of up to 500 pilotage units

shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of .......................................................... 17.53

per pilotage unit for Section 2,

Upper River; Yonkers, to all ports beyond Hyde

Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1434.17

More than 50 and up to 100 pilotage units ..................... $1753.00

A maximum charge of up to 500 pilotage units shall be applicable.

(iii) Twenty-four months after the effective date of this clause the

following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $12.66 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $887.43

More than 50 and up to 100 pilotage units ..................... $1266.00

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $17.88

per pilotage unit for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1462.85

More than 50 and up to 100 pilotage units ..................... $1788.00

A maximum charge of up to 500 pilotage units shall be applicable.

(iv) Thirty-six months after the effective date of this clause the

following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $12.85 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $900.74

More than 50 and up to 100 pilotage units ..................... $1285.00

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $18.15

per pilotage unit for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1484.48

More than 50 and up to 100 pilotage units ..................... $1815.00

A maximum charge of up to 500 pilotage units shall be applicable.

(v) Forty-eight months after the effective date of this clause the

following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $13.07 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $914.25

More than 50 and up to 100 pilotage units ..................... $1307.00

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $18.42

per pilotage unit for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1507.07

More than 50 and up to 100 pilotage units ..................... $1842.00

A maximum charge of up to 500 pilotage units shall be applicable.

(vi) Beginning on the thirtieth day following the effective date of

the act that added this clause, the following base pilotage rates shall

be applicable:

All vessels of 100 pilotage units and over shall pay $13.34 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $932.54

More than 50 and up to 100 pilotage units ..................... $1333.14

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $18.79

per pilotage unit for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1537.22

More than 50 and up to 100 pilotage units ..................... $1878.84

A maximum charge of up to 500 pilotage units shall be applicable.

(vii) Effective January first, two thousand twenty-two, the following

base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $13.61 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $951.20

More than 50 and up to 100 pilotage units ..................... $1359.81

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $19.17

per pilotage unit for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1567.97

More than 50 and up to 100 pilotage units..................... $1916.42

A maximum charge of up to 500 pilotage units shall be applicable.

(viii) Effective January first, two thousand twenty-three, the

following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $14.02 per

pilotage unit for Section 1, Lower River; Yonkers, to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ........................................ $979.74

More than 50 and up to 100 pilotage units ..................... $1400.60

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $19.75

per pilotage unit for Section 2, Upper River; Yonkers to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1615.01

More than 50 and up to 100 pilotage units ..................... $1973.91

A maximum charge of up to 500 pilotage units shall be applicable.

(ix) Effective January first, two thousand twenty-four, the following

base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $14.44 per

pilotage unit for Section 1, Lower River; Yonkers to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ....................................... $1009.13

More than 50 and up to 100 pilotage units ..................... $1442.62

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $20.34

per pilotage unit for Section 2, Upper River; Yonkers to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1663.46

More than 50 and up to 100 pilotage units ..................... $2033.13

A maximum charge of up to 500 pilotage units shall be applicable.

(x) Effective January first, two thousand twenty-five, the following

base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $14.87 per

pilotage unit for Section 1, Lower River; Yonkers to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ....................................... $1039.40

More than 50 and up to 100 pilotage units ..................... $1485.90

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $20.95

per pilotage unit for Section 2, Upper River; Yonkers to all ports

beyond Hyde Park through Albany or Troy.

The following base pilotage rates shall be applicable to Section 2,

Upper River:

Up to 50 pilotage units ....................................... $1713.36

More than 50 and up to 100 pilotage units ..................... $2094.12

A maximum charge of up to 500 pilotage units shall be applicable.

(xi) Effective January first, two thousand twenty-six, the following

base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $15.32 per

pilotage unit for Section 1, Lower River; Yonkers to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ....................................... $1070.58

More than 50 and up to 100 pilotage units ..................... $1530.48

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $21.58

per pilotage unit for Section 2, Upper River; Yonkers to all ports

beyond Hyde Park through Albany or Troy.

The following pilotage rates shall be applicable to Section 2, Upper

River:

Up to 50 pilotage units ....................................... $1764.76

More than 50 and up to 100 pilotage units ..................... $2156.94

A maximum charge of up to 500 pilotage units shall be applicable.

(xii) Effective January first, two thousand twenty-seven, the

following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $15.78 per

pilotage unit for Section 1, Lower River; Yonkers to all ports through

Hyde Park.

The following base pilotage rates shall be applicable to Section 1,

Lower River:

Up to 50 pilotage units ....................................... $1102.70

More than 50 and up to 100 pilotage units ..................... $1576.39

A maximum charge of up to 500 pilotage units shall be applicable.

All vessels of 100 pilotage units and over shall pay a base pilotage

rate of ......................................................... $22.23

per pilotage unit for Section 2, Upper River; Yonkers to all ports

beyond Hyde Park through Albany or Troy.

The following pilotage rates shall be applicable to Section 2, Upper

River:

Up to 50 pilotage units ....................................... $1817.70

More than 50 and up to 100 pilotage units ..................... $2221.65

A maximum charge of up to 500 pilotage units shall be applicable.

(1-a) All vessels shall pay an additional launch fee and communication

fee. The launch fee shall be set by the board of commissioners of pilots

to recoup the cost of operating a pilot launch and pilot station at

Yonkers. The communication fee shall be set by the board of

commissioners of pilots to recoup the cost of portable electronic

communication and navigation equipment carried aboard the vessel by the

pilot.

All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde

Park through Albany or Troy shall pay a mid-river launch fee. The

mid-river launch fee shall be set by the board of commissioners of

pilots to recoup the cost of operating a pilot launch and pilot station

at Norrie Point.

The launch fee, communication fee, and mid-river launch fee shall be

reviewed annually by the board of commissioners of pilots on or about

the anniversary date upon which this section shall have become a law.

In the event a vessel transiting the Hudson River requires a

continuous pilotage of more than ten hours, two pilots shall be assigned

at the beginning of such transit, and the fee shall be the regular

pilotage fee plus fifty percent for the second pilot. The fee for the

second pilot shall not apply when the first pilot is discharged at the

mid-river pilot station and relieved at such station by a second pilot.

A second pilot shall not be required when the vessel anchors for a

minimum of eight hours such that the transit does not require a

continuous pilotage of more than ten hours by one pilot.

(1-b) There is hereby created a Hudson River pilots surcharge board

which shall determine the rate of the surcharge provided in subparagraph

one-c of this paragraph. The surcharge board shall determine eligibility

for benefits pursuant to subdivisions five and eight of this section.

The Hudson River pilots surcharge board shall consist of two members

as follows: the president of the board of commissioners of pilots of the

state of New York, or his or her designee from the board of

commissioners, and the president of the Hudson River pilots association,

or his or her designee who must be a member of such association. In the

event the two members cannot reach a decision on the surcharge rate, a

third member shall be appointed by the two members from a list submitted

by the Society of Maritime Arbitrators from its lists of commercial

arbitrators. If, after submission of such a list, the two members of the

board fail to agree upon a single arbitrator as the third member, then

the Society of Maritime Arbitrators shall be authorized to select and

submit the name of the third member for appointment. Such third member

shall be appointed within ten days of a deadlocked vote of the Hudson

River pilots surcharge board. Such members shall vote at meetings called

upon written notice mailed seven calendar days in advance of the

meeting, to determine the rate of surcharge, assisted as necessary by

qualified actuaries or accountants, authorized in clause (i) of

subparagraph one-c of this paragraph during each calendar quarter in

time sufficient for such surcharge to be in effect on the following

January first, April first, July first, and October first of each year.

Written notice of meetings may be waived if done so with unanimous

consent of all board members. Members of the Hudson River pilots

surcharge board shall be subject to section seventeen of the public

officers law.

(1-c) (i) In addition to the base pilotage charge set forth in

subparagraph one of this paragraph, there is hereby established a

surcharge on every foreign vessel and every American vessel under

register navigating that portion of the Hudson River specified in this

section. Such surcharge, as determined quarterly by the Hudson River

pilots surcharge board, shall be imposed for the exclusive purpose of

the funding, on a sound actuarial basis, the retirement benefits for

Hudson River pilots, described in clause (ii) of this subparagraph.

(ii) The amount of the surcharge described in clause (i) of this

subparagraph shall be computed as follows:

PILOTAGE UNITS SURCHARGE

0 to 50 $113.00

51 to 100 $138.00

over 100 $1.38 per pilot unit

during the first twelve months after the effective date of this

subparagraph.

The amount of the surcharge described in clause (i) of this

subparagraph shall be computed as follows:

PILOTAGE UNITS SURCHARGE

0 to 50 $170.00

51 to 100 $207.00

over 100 $2.07 per pilot unit

during the period beginning with the thirteenth month and ending with

the twenty-fourth month after the effective date of this subparagraph.

The amount of the surcharge described in clause (i) of this

subparagraph shall be computed as follows:

PILOTAGE UNITS SURCHARGE

0 to 50 $213.00

51 to 100 $260.00

over 100 $2.60 per pilot unit

during the period beginning with the twenty-fifth month and ending with

the thirty-sixth month after the effective date of this subparagraph.

The amount of the surcharge described in clause (i) of this

subparagraph shall be computed as follows:

Pilotage units surcharge

0-50 $250.00

51-100 $305.00

Over 100 $ 3.05 per pilot unit

during the period beginning with the thirty-seventh month and ending

with the forty-eighth month after the effective date of this

subparagraph.

The amount of the surcharge described in clause (i) of this

subparagraph shall be computed as follows:

Pilotage units surcharge

0-50 $280.00

51-100 $341.00

Over 100 $ 3.41 per pilot unit

during the period beginning with the forty-ninth month and ending with

the sixtieth month after the effective date of this subparagraph.

(iii) Following the sixtieth month after the effective date of this

subparagraph, the amount of the surcharge as determined by the surcharge

board shall not exceed the greater of thirty-five percent of the sum of

the base pilotage charges collected pursuant to the rate set forth in

this subparagraph for Section 2, Upper River; Yonkers, to all ports

beyond Hyde Park through Albany or Troy, as amended, or five hundred

thousand dollars, in any calendar year.

(iv) The scale of charges set forth in this subparagraph is deemed a

pilotage fee and shall be subject to the provisions of section

ninety-five of this article.

(v) (A) The proceeds of the surcharge provided for in this section

shall be deposited in an account maintained by the Hudson River pilots

association for the benefit of Hudson River pilots eligible for benefits

as provided in this clause, from which account all such benefits and the

reasonable expenses for administration thereof shall be paid. The monies

on deposit in such account shall be referred to hereafter as the

"retirement assets". All retirement assets shall be used exclusively to

pay a yearly target retirement benefit to (I) Hudson River pilots active

on the date pilotage rates are computed pursuant to this subparagraph

and thereafter, upon retirement on or after the age of sixty; (II)

retired Hudson River pilots or Hudson River pilots receiving benefits on

the effective date of this section; and (III) to eligible surviving

spouses of retired pilots.

(B) Hudson River pilots who are also Sandy Hook pilots eligible to

receive a full branch retirement benefit under item (B) of subclause one

of clause (ii) of subparagraph one of paragraph (b) of subdivision four

of section eighty-eight of this article shall be excluded from receiving

any benefits specified in subdivision five of this section.

(C) No individual other than those specified in subclause (A) of this

clause shall be eligible for benefits pursuant to the surcharge

described in clause (i) of this subparagraph without the approval of the

Hudson River pilots surcharge board.

(D) The funds generated by the surcharge imposed by clause (i) of this

subparagraph shall be administered by the executive committee of the

Hudson River pilots association, or any successors thereto. Any funds

generated by the surcharge imposed by clause (i) of this subparagraph

which exceed the funds deemed sufficient to provide the benefits set

forth in items (I) and (III) of subclause (A) of this clause shall be

used to defray the retirement benefits set forth in this subclause.

(E) The surcharges pursuant to clause (i) of this subparagraph shall

be collected by the agent of the Hudson River pilots. Funds generated

for these purposes shall be audited annually by the surcharge board to

ensure proper funding for the purposes set forth in clause (i) of this

subparagraph.

(2) "Pilotage units" shall be determined as expressed by the following

formula:

Overall length x extreme breadth x depth to uppermost continuous deck

divided by 10,000 equals pilotage units.

(3) In the middle river and upper river as specified herein no foreign

and no American vessel under register shall be docked, undocked or

shifted unless such docking, undocking or shifting is performed by a

Hudson river pilot duly licensed under this article.

(c) Definitions: "Overall length" is the distance between the forward

and after extremities of the vessel.

"Extreme breadth" is the maximum breadth to the outside of the shell

plating of the vessel.

"Depth" is the vertical distance at amidships from the top of the keel

plate to the uppermost continuous deck fore and aft, and which extends

to the sides of the vessel. The continuity of a deck shall not be

considered to be affected by the existence of openings, including but

not limited to tonnage openings, engine space or a step in the deck.

All measurements shall be in feet and inches (U.S.).

The board of commissioners of pilots shall be the sole arbiter with

respect to a question concerning these definitions. The decision by the

board shall be final.

(d) The measurement of overall length, extreme breadth and depth, as

previously defined, shall be made available to the pilot by the master

or his agent for the purpose of computation of pilotage fees.

Failure to provide the measurements so required shall subject vessel

to the maximum pilotage charge.

5. Each Hudson River pilot who entered service after two thousand five

as a Hudson River pilot shall participate in such qualified retirement

program as adopted by each such pilot and funded by such portion of the

surcharge allocated thereto by the surcharge board to provide a

contribution of an amount equivalent to twelve percent of the earnings

from service as an active Hudson River pilot based upon the base

pilotage tariffs set forth in subparagraph one-c of paragraph (b) of

subdivision four of this section. Such amount shall be transferred

directly by the agent to such pilot's retirement account, it being

understood that such pilot's entire retirement benefit will be provided

solely by the account balance of such retirement account on the date of

retirement. In addition, such surcharge shall be used to purchase life

and disability insurance coverage from an insurance company selected by

the board. Such disability insurance shall provide a disability benefit

computed as a single life annuity, equal to fifty percent of the amount

which is equal to such pilot's earnings from service as an active Hudson

River pilot based upon the base pilotage tariffs set forth in

subparagraph one-c of paragraph (b) of subdivision four of this section

during the last full calendar year of service as an active Hudson River

pilot prior to disability, until the age of sixty. In the event such

disability insurance is unavailable, each such pilot eligible for sick

retirement benefits shall receive, a yearly benefit computed as a single

life annuity equal to the sum of ten percent of the amount which is

equal to the earnings from service as an active Hudson River pilot based

upon the pilotage tariffs set forth in subparagraph one-c of paragraph

(b) of subdivision four of this section during the last full calendar

year of service as an active Hudson River pilot prior to disability and

one and six-tenths percent for each year of service after the first year

to a maximum of fifty percent of the amount which is equal to the

earnings from service as an active Hudson River pilot based upon the

base pilotage tariffs set forth in subparagraph one-c of paragraph (b)

of subdivision four of this section during the last full calendar year

of service as an active Hudson River pilot prior to disability, until

the age of sixty.

6. Hudson River pilots who retired before nineteen eighty shall

receive an annual retirement benefit in the amount of thirty-four

thousand nine hundred ninety-five dollars; those who retired from

nineteen eighty-one through nineteen ninety shall receive an annual

retirement benefit in the amount of thirty-nine thousand nine hundred

ninety-five dollars; those who retired from nineteen hundred ninety-one

through two thousand shall receive an annual retirement benefit in the

amount of forty-four thousand nine hundred ninety-four dollars; those

who retired in two thousand one shall receive an annual retirement

benefit in the amount of fifty-eight thousand four hundred ninety-two

dollars; those who retired in two thousand eight shall receive an annual

retirement benefit in the amount of fifty-nine thousand nine hundred

ninety-two dollars; those who retired in two thousand ten shall receive

an annual retirement benefit in the amount of forty-nine thousand nine

hundred ninety-three dollars; an active Hudson River pilot who retires

before two thousand sixteen shall receive an annual retirement benefit

in the amount of eighty-four thousand six hundred dollars.

7. (a) A Hudson River pilot eligible for benefits set forth in

subdivision five of this section, who retires, shall not be entitled to

commence receiving benefits until the commencement of the benefit

payment period next following the date on which such pilot retired or

became eligible for disability retirement benefits. For accounting

purposes, the benefit payment periods shall consist of a full calendar

quarter commencing on January first, April first, July first, and

October first of each year, but the first payments of benefits shall be

made during the months of March, June, September, and December.

(b) No active Hudson River pilot shall commence receiving benefits

until a properly completed resignation as an active pilot specifying a

proposed date of retirement has been submitted in writing to the Hudson

River pilots executive committee, or successor thereto, prior to

November first, if retirement is to become effective on the first day of

the following January; prior to February first, if retirement is to

become effective on the first day of the following April; prior to May

first, if retirement is to become effective on the first day of the

following July; and, prior to August first, if retirement is to become

effective on the first day of the following October.

(c) For the purpose of the computations described in subdivision five

of this section, service by a pilot of more than six months of such

pilot's last calendar year as an active pilot shall be considered a full

calendar year.

(d) If a retired Hudson River pilot dies without a surviving spouse,

the balance of the yearly pension benefit for the remainder of the

benefit payment period shall be paid to the deceased pilot's estate or

designated beneficiary after which all rights to benefits shall be

terminated.

8. (a) The eligible surviving spouse of a Hudson River pilot described

in subdivision five of this section who dies while in active service

shall receive a yearly pension benefit equal to fifty percent of the

amount which such deceased pilot would have received under subdivision

five of this section had retirement immediately preceded the date of

death.

(b) With respect to Hudson River pilots described in subdivision five

of this section, the eligible surviving spouse of a deceased retired

Hudson River pilot receiving retirement benefits on the date of death,

shall receive a yearly benefit equal to the deceased pilot's benefit for

the remainder of the benefit payment period in which death occurred, and

thereafter fifty percent of the amount received by the deceased pilot on

the date of death.

(c) Upon the death of the eligible surviving spouse of a deceased

Hudson River pilot who was receiving benefits, the balance of the yearly

pension benefit for the remainder of the benefit payment period shall be

paid to the deceased surviving spouse's estate or designated beneficiary

after which all rights to benefits shall terminate.

9. A "Hudson River pilot" for the purposes of this section is defined

as an individual holding a license to act as Hudson River pilot for the

waters of the Hudson River north of a line running from the foot of Main

Street in Yonkers to Alpine, New Jersey and south of the dam at Troy,

issued by the board of commissioners of pilots of the state of New York.

A "retired Hudson River pilot" for the purposes of this section is a

pilot who retired from active service in the Hudson River pilots

association. An "eligible surviving spouse" for the purposes of this

section is defined as a spouse of a deceased pilot married at least one

year prior to the date of death of the deceased pilot.