N.Y. Retirement & Social Security Law § 445-h: Optional twenty-five year improved benefit retirement program for police communications members

§ 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.