445-D - Optional age fifty-five improved benefit retirement program for certain New York city members.

* § 445-d. Optional age fifty-five improved benefit retirement program  for  certain  New York city 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. "NYCERS" shall mean the New York city employees' retirement system.    2.  "BERS"  shall mean the board of education retirement system of the  city of New York.    3. "Administrative code" shall mean the  administrative  code  of  the  city of New York.    4.  "BERS  rules and regulations" shall mean the rules and regulations  for the government, management and control of BERS adopted  pursuant  to  section twenty-five hundred seventy-five of the education law.    5. "New York city eligible position" shall mean:    (i)  with  respect to members of NYCERS, all positions in city-service  (as defined in subdivision three of section 13-101 of the administrative  code), except (a) any position in the uniformed transit police force, as  defined  in  subdivision   thirty-one   of   section   13-101   of   the  administrative  code;  (b)  any  position  in  the New York city transit  authority which is covered by the provisions of section  13-161  of  the  administrative code, whether or not the person employed in such position  elected  the  benefits  of  such section 13-161; (c) any position in the  housing police service, as defined in subdivision thirty-five of section  13-101 of the administrative code; (d) any  position  in  the  uniformed  correction  force,  as  defined  in  subdivision  thirty-nine of section  13-101 of the administrative code; (e) any  position  in  the  uniformed  force  of  the  department  of  sanitation,  as  defined  in subdivision  sixty-two  of  section  13-101  of  the  administrative  code;  (f)  the  positions  of  bridge  and  tunnel  officer, bridge and tunnel sergeant,  bridge and tunnel lieutenant, assistant bridge  and  tunnel  maintainer,  bridge  and  tunnel  maintainer, senior bridge and tunnel maintainer and  laborer with  the  Triborough  bridge  and  tunnel  authority;  (g)  any  position  in  the  division  of  housing  and community renewal; (h) any  position in the unified court system; (i) any teaching position with the  city university of New York; and (j) any  position  as  an  investigator  member; or    (ii)  with  respect  to  members  of  BERS, all positions in education  service (as defined in paragraph fifteen of  this  subdivision),  except  any  position  as a substitute teacher or any other position represented  by  the  recognized  teacher  organization  for  collective   bargaining  purposes.    6.  "New  York  city eligible member" shall mean a member of NYCERS or  BERS who is subject to  the  provisions  of  this  article  and  who  is  employed in a New York city eligible position.    7. "Age fifty-five improved benefit retirement program" shall mean all  the terms and conditions of this section.    8.  "Starting  date  of the age fifty-five improved benefit retirement  program" shall mean the commencement date of the  first  payroll  period  which begins after January first, nineteen hundred ninety-five.    9.  "Enactment  date of the age fifty-five improved benefit retirement  program" shall mean the date this section takes effect.    10. "Participant in the age  fifty-five  improved  benefit  retirement  program"  shall  mean  any  New York city eligible 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 age fifty-five improved benefit retirement program, as applicable to  him or her.    11. "Physically taxing position" shall mean, for a member of NYCERS, a  New York city eligible position which is a physically taxing position asdefined in subdivision fifty-six of section 13-101 of the administrative  code  or,  for a member of BERS, a New York city eligible position which  is a physically taxing position as defined in subdivision thirty-five of  section two of the BERS rules and regulations.    12. "Participating retirement system" shall mean NYCERS or BERS.    13.  "Credited  CPP  qualifying  service"  shall mean, for a member of  NYCERS,  career  pension  plan  qualifying  service,   as   defined   in  subdivision  forty-eight  of  section 13-101 of the administrative code,  which is credited to such member or, for a member  of  BERS,  creditable  career  pension  plan service, as defined in subdivision thirty-eight of  section two of the BERS rules and regulations, which is credited to such  member.    14. "Active service" shall mean, for a member of NYCERS,  city-service  (as defined in subdivision three of section 13-101 of the administrative  code)  for  which  such  member  is  being paid on the payroll or, for a  member of BERS, education service (as defined in  paragraph  fifteen  of  this subdivision) for which such member is being paid on the payroll.    15.  "Education  service"  shall  mean  service  as a paid official or  employee of the board of education of the city of New York  or  the  New  York  city  school construction authority, and allowable pursuant to the  applicable provisions which govern the service credit  of  a  member  of  BERS.    b.   Participation  in  age  fifty-five  improved  benefit  retirement  program.  1. Subject to the provisions of paragraphs  five  and  six  of  this  subdivision,  any person who is a New York city eligible member in  active service on the enactment date  of  the  age  fifty-five  improved  benefit  retirement program may elect to become a participant in the age  fifty-five improved benefit retirement program by filing, within  ninety  days  after  such  enactment  date, a duly executed application for such  participation with the retirement system  of  which  such  person  is  a  member,  provided he or she is a New York city eligible member in active  service 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 New York city eligible member in  active service after the enactment date of the age  fifty-five  improved  benefit  retirement program may elect to become a participant in the age  fifty-five improved benefit retirement program by filing, within  ninety  days after becoming a New York city eligible member in active service, a  duly  executed  application  for  such participation with the retirement  system of which such person is a member, provided he or  she  is  a  New  York city eligible member in active service on the date such application  is filed.    3.  (i) Except as provided in subparagraph (ii) of this paragraph, any  election to be a participant in  the  age  fifty-five  improved  benefit  retirement program shall be irrevocable.    (ii)  Notwithstanding  any other provision of law to the contrary, any  participant in the age fifty-five improved  benefit  retirement  program  whose age and amount of credited CPP qualifying service (which amount of  credited  CPP qualifying service shall, for the limited purposes only of  this subparagraph, include  service  rendered  previous  to  becoming  a  member  which  is  not yet credited, but for which such person is or may  become eligible to obtain CPP  qualifying  service  credit  pursuant  to  applicable  provisions  of  law)  at  the  time of first becoming such a  participant are such that he or  she  could  not  possibly  be  able  to  accumulate  a  total  of  at  least  twenty-five  years  of credited CPP  qualifying service by the time he or she reaches age sixty-two, assuming  such person were to earn a full year of credited CPP qualifying  service  in  each  and  every year until he or she becomes sixty-two years of age(whether or not such person actually intends to  earn  such  amounts  of  credit),   may   withdraw  from  the  age  fifty-five  improved  benefit  retirement program by filing, within two years after first becoming such  a  participant,  or within the period beginning November first, nineteen  hundred ninety-seven and  ending  January  thirtieth,  nineteen  hundred  ninety-eight,  a  written request to withdraw from such program with the  retirement system of which such person is a member.    4. Where any  participant  in  the  age  fifty-five  improved  benefit  retirement  program  shall  cease  to  hold  a  New  York  city eligible  position, he or she shall cease to be such a participant and, during any  period in which such person is not a New York city eligible  member,  he  or she shall not be a participant in the age fifty-five improved benefit  retirement program.    5.  Where  any  participant  in  the  age  fifty-five improved benefit  retirement program terminates  service  in  a  New  York  city  eligible  position  and returns to service in a New York city eligible position at  a later date and again becomes a New York city eligible  member,  he  or  she  shall again become such a participant upon becoming a New York city  eligible member.    6. Notwithstanding any other provision of law  to  the  contrary,  any  person  who  is  eligible  to  elect  to become a participant in the age  fifty-five improved benefit retirement program pursuant to paragraph one  or two of this subdivision for the full ninety-day period  provided  for  in  such  applicable  paragraph,  and  who  fails  to timely file a duly  executed  application  for  such  participation  with  the   appropriate  retirement  system,  shall  not  thereafter  be  eligible  to  become  a  participant in such program.    c. 1. Non-physically taxing service  retirement.  Notwithstanding  any  other  provision  of  law  to  the  contrary,  a  participant in the age  fifty-five improved benefit retirement program:    (i) who is otherwise eligible to retire  for  service  with  immediate  payability  of  a retirement allowance pursuant to section 13-162 of the  administrative code or section thirty of the BERS rules and regulations;  and    (ii) who has completed twenty-five  or  more  years  of  credited  CPP  qualifying service; and    (iii) who has attained age fifty-five; and    (iv)  who, subject to the provisions of paragraph ten of subdivision d  of this section, has paid, before the effective date of retirement,  all  additional  member  contributions  and  interest  (if  any)  required by  paragraphs one, four, five and six of subdivision d of this section; and    (v) who shall be a participant in the age fifty-five improved  benefit  retirement program in active service at the time so specified for his or  her  retirement;  shall,  subject  to the provisions of paragraph ten of  subdivision d of this section, be permitted to  retire  with  a  minimum  retirement  age  of fifty-five, and the benefit reduction provisions set  forth in subdivision a of section four hundred forty-two of this article  shall not be applied to the calculation of such participant's retirement  benefit.    2. Physically taxing service retirement.  A  participant  in  the  age  fifty-five improved benefit retirement program:    (i)  who  is  otherwise  eligible to retire for service with immediate  payability of a retirement allowance pursuant to section 13-162  of  the  administrative code or section thirty of the BERS rules and regulations;  and    (ii)  who  has  completed  twenty-five  or  more years of credited CPP  qualifying service in  a  physically  taxing  position  (as  defined  in  paragraph eleven of subdivision a of this section); and(iii) who has attained age fifty; and    (iv)  who, subject to the provisions of paragraph ten of subdivision d  of this section, has paid, before the effective date of retirement,  all  additional  member  contributions  and  interest  (if  any)  required by  paragraphs one, four, five and six of subdivision d of this section; and    (v) who shall be a participant in the age fifty-five improved  benefit  retirement program in active service at the time so specified for his or  her  retirement;  shall,  subject  to the provisions of paragraph ten of  subdivision d of this section, be permitted to  retire  with  a  minimum  retirement  age of fifty, and the benefit reduction provisions set forth  in subdivision a of section four hundred forty-two of this article shall  not be applied to  the  calculation  of  such  participant's  retirement  benefit.    d.  Additional  member  contributions.  1.  In  addition to the member  contributions required by section 13-125 or 13-162 of the administrative  code or section eight or thirty of the BERS rules and regulations,  each  participant  in  the  age fifty-five improved benefit retirement program  shall contribute,  subject  to  the  applicable  provisions  of  section  13-125.2  of  the administrative code or subdivision nineteen of section  twenty-five hundred seventy-five of the  education  law,  an  additional  percentage  or  additional percentages of his or her compensation to the  retirement system of which he or she is a member in accordance with  the  following schedule:    (i)  (A) each such participant shall contribute an additional four and  thirty-five one-hundredths percent of his  or  her  compensation  earned  from all credited CPP qualifying service (whether or not in a physically  taxing  position)  rendered  on  and  after the starting date of the age  fifty-five  improved  benefit  retirement  program  and  prior  to   the  commencement date of the first payroll period which begins after January  first,  nineteen  hundred  ninety-eight  (1)  while  such  person  is  a  participant in such program; and (2) before such person becomes  such  a  participant  pursuant  to  paragraph one or two of subdivision b of this  section (whether or not rendered in a New York city eligible  position);  and  (3)  after such person ceases to be a participant, but before he or  she again becomes such a participant pursuant to paragraph five of  such  subdivision  b  (whether  or  not  rendered  in a New York city eligible  position); and    (B) each such participant  shall  contribute  an  additional  two  and  eighty-five  one-hundredths  percent  of  his or her compensation earned  from all credited CPP qualifying service (whether or not in a physically  taxing position) rendered on and after  the  commencement  date  of  the  first  payroll period which begins after January first, nineteen hundred  ninety-eight and prior to the commencement date  of  the  first  payroll  period  which  begins subsequent to the effective date of the chapter of  the laws of two thousand one which amended  this  item  (1)  while  such  person  is  a  participant  in  such program; and (2) before such person  becomes  such  a  participant  pursuant  to  paragraph  one  or  two  of  subdivision  b  of  this  section (whether or not rendered in a New York  city eligible position); and (3)  after  such  person  ceases  to  be  a  participant,  but  before  he  or  she  again becomes such a participant  pursuant to paragraph  five  of  such  subdivision  b  (whether  or  not  rendered in a New York city eligible position); and    (C)  each  such  participant  shall  contribute  an additional one and  eighty-five one-hundredths percent of his  or  her  compensation  earned  from all credited CPP qualifying service (whether or not in a physically  taxing  position)  rendered  on  and  after the commencement date of the  first payroll period which begins subsequent to the  effective  date  of  the  chapter  of  the laws of two thousand one which added this item (1)while such person is a participant in such program; and (2) before  such  person  becomes  such  a participant pursuant to paragraph one or two of  subdivision b of this section (whether or not rendered  in  a  New  York  city  eligible  position);  and  (3)  after  such  person ceases to be a  participant, but before he or  she  again  becomes  such  a  participant  pursuant  to  paragraph  five  of  such  subdivision  b  (whether or not  rendered in a New York city eligible position); and    (ii) each such participant who is  employed  in  a  physically  taxing  position  (as  defined  in  paragraph  eleven  of  subdivision a of this  section)  shall  contribute,  in  addition  to  the  additional   member  contributions  required  to  be  made  at the percentage of compensation  specified in subparagraph (i) of this paragraph  for  the  credited  CPP  qualifying service specified in such subparagraph (i), an additional one  and  ninety-eight  one-hundredths  percent  of  his  or her compensation  earned from that portion of such credited CPP qualifying  service  which  is  rendered  in  a physically taxing position on and after the starting  date of the age fifty-five improved benefit retirement program (A) while  such person is a participant in such program; and (B) before such person  becomes  such  a  participant  pursuant  to  paragraph  one  or  two  of  subdivision  b of this section; and (C) after such person ceases to be a  participant, but before he or  she  again  becomes  such  a  participant  pursuant to paragraph five of such subdivision b.    2.  A  participant  in  the age fifty-five improved benefit retirement  program shall contribute additional member contributions only  until  he  or she has twenty-five years of credited CPP qualifying service.    3. (i) Commencing with the first full payroll period after each person  becomes  a participant in the age fifty-five improved benefit retirement  program, additional member contributions at the applicable rate or rates  specified in paragraph  one  of  this  subdivision  for  the  particular  credited  CPP  qualifying  service  being  rendered  shall  be deducted,  subject  to  the  applicable  provisions  of  section  13-125.2  of  the  administrative  code  or  subdivision  nineteen  of  section twenty-five  hundred seventy-five of the education law, 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.    (ii)  (A)  Those  portions  of  the  additional  member  contributions  required by paragraph one of this subdivision which are attributable  to  credited CPP qualifying service rendered on and after the enactment date  of  the age fifty-five improved benefit retirement program, and prior to  the actual commencement of  deductions  from  compensation  pursuant  to  subparagraph   (i)  of  this  paragraph,  by  a  person  who  becomes  a  participant pursuant to paragraph one of subdivision b of this  section,  shall  be  paid  by deductions from the compensation of such participant  pursuant to and in accordance with the provisions of item  (B)  of  this  subparagraph.    (B)  Commencing  with  the  payroll  period  in  which  deductions  of  additional member contributions from such 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 one-third the applicable rate or  rates at which deductions are being made pursuant to  such  subparagraph  (i),  subject  to  the  applicable provisions of section 13-125.2 of the  administrative code  or  subdivision  nineteen  of  section  twenty-five  hundred  seventy-five  of  the  education law, 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,  provided,however,  that  deductions  pursuant to this item (B) shall be made only  during the period  while  such  person  is  a  participant  after  first  becoming  a  participant  pursuant  to paragraph one of subdivision b of  this section and before ceasing to be such a participant.    4.  In addition to the member contributions required by section 13-125  or section 13-162 of the administrative code or section eight or  thirty  of   the   BERS   rules  and  regulations,  and  the  additional  member  contributions required pursuant to paragraph one  of  this  subdivision,  each  participant  in  the  age  fifty-five  improved benefit retirement  program who was not a member of either NYCERS or  BERS  on  July  first,  nineteen  hundred  ninety-three  shall,  subject  to  the  provisions of  paragraph two of this subdivision, make  retroactive  additional  member  contributions to the retirement system of which he or she is a member in  accordance with the following schedule:    (i)  each  such  participant  shall  contribute an additional four and  thirty-five one-hundredths percent of his  or  her  compensation  earned  from  all credited CPP qualifying service rendered prior to the starting  date of the age fifty-five improved benefit retirement program  (whether  or  not  rendered  in  a  physically  taxing position or a New York city  eligible position); and    (ii) each such participant who was employed  in  a  physically  taxing  position as defined in paragraph eleven of subdivision a of this section  shall  contribute,  in  addition  to the additional member contributions  required to be made at  the  percentage  of  compensation  specified  in  subparagraph  (i)  of  this  paragraph  for  the credited CPP qualifying  service specified in  such  subparagraph  (i),  an  additional  one  and  ninety-eight  one-hundredths  percent  of his or her compensation earned  from that portion of such credited  CPP  qualifying  service  which  was  rendered  in  a physically taxing position prior to the starting date of  the age fifty-five improved benefit retirement program.    5. (i)  Each  participant  in  the  age  fifty-five  improved  benefit  retirement  program  shall  be  charged  with  a contribution deficiency  consisting of:    (A) the total amounts of additional member contributions  such  person  is  required to make pursuant to paragraph one of this subdivision which  are not deducted from his or  her  compensation  pursuant  to  paragraph  three  of  this  subdivision,  if  any,  together with interest thereon,  compounded annually, and computed in accordance with the  provisions  of  subparagraphs (ii), (iii) and (iv) of this paragraph; and    (B)  the  total amounts of retroactive additional member contributions  such person is required to make  pursuant  to  paragraph  four  of  this  subdivision,   if   any,  together  with  interest  thereon,  compounded  annually,  and  computed  in   accordance   with   the   provisions   of  subparagraphs (ii), (iii) and (iv) of this paragraph.    (ii)  (A) Subject to the provisions of subparagraphs (iii) and (iv) of  this paragraph, the interest required to be paid  on  each  such  amount  specified  in  items  (A)  and (B) of subparagraph (i) of this paragraph  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  deduction  had  been required for such payroll period, until such amount is paid to  the retirement system.    (B) 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.(iii)  Except  as  otherwise  provided  in  paragraph  six   of   this  subdivision,  no  interest  shall be due on any unpaid additional member  contributions which are attributable to credited CPP qualifying  service  rendered  on  or  after the starting date of the age fifty-five improved  benefit  retirement  program, but prior to the enactment date of the age  fifty-five improved benefit retirement program by a person who becomes a  participant pursuant to paragraph one of subdivision b of this section.    (iv)  Except  as  otherwise  provided  in  paragraph   six   of   this  subdivision,  no  interest  shall be due on any unpaid additional member  contributions which are not attributable to a period prior to the  first  full payroll period referred to in paragraph three of this subdivision.    6. (i) (A) Should any person who, pursuant to paragraph twelve of this  subdivision, has received a refund of the employee portion of his or her  additional  member contributions (as established in accordance with item  (B) of subparagraph  (ii)  of  paragraph  seven  of  this  subdivision),  including  any  interest  paid  on such employee portion, again become a  participant in the age fifty-five 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  subparagraph (ii) of this paragraph) for  any  credited  CPP  qualifying  service for which such person received a refund of such employee portion  of  additional  member  contributions (including any amount of an unpaid  loan balance deemed to have been returned to  such  person  pursuant  to  paragraph  fourteen of this subdivision), as if such employee portion of  additional contributions never had been paid.    (B) Any person who has his or  her  membership  in  one  participating  retirement   system  terminated  without  transferring  such  membership  directly  from  such  participating  retirement  system  to  the   other  participating  retirement system, who has an unpaid balance of a loan of  the employee portion of  his  or  her  additional  member  contributions  pursuant  to  paragraph  thirteen of this subdivision at the time of the  termination of such membership,  who,  pursuant  to  paragraph  five  of  subdivision b of this section, thereafter again becomes a participant in  the  age  fifty-five  improved benefit retirement program as a member of  either participating retirement system without having received a  refund  of  the  employee  portion of his or her additional member contributions  pursuant  to  paragraph  twelve  of  this  subdivision,  shall  have  an  appropriate   amount   included   in   such  participant's  contribution  deficiency (including interest thereon  as  calculated  in  subparagraph  (ii)  of  this  paragraph)  for  any credited CPP qualifying service for  which such person borrowed and did not repay such  employee  portion  of  additional   member  contributions,  as  if  such  employee  portion  of  additional member contributions never had been paid.    (ii)  (A)  Interest  on  the  employee  portion  of  a   participant's  additional   member   contributions   included   in  such  participant's  contribution deficiency pursuant to subparagraph (i) of  this  paragraph  shall  be  calculated  as  if such employee portion of 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   employee   portion   of   additional   member   contributions  is  attributable, compounded annually, until such  amount  is  paid  to  the  retirement system.    (B)  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.7.   (i)   All   additional  member  contributions  required  by  this  subdivision (and any interest paid thereon) which are  received  by  the  retirement  system  of  which  the participant is a member shall be paid  into its contingent reserve fund and shall not for any purpose be deemed  to  be  member contributions or accumulated deductions of a member under  section 13-125 or 13-162 of the administrative code or section eight  or  thirty of the BERS rules and regulations or otherwise while he or she is  a  participant in the age fifty-five improved benefit retirement program  or otherwise.    (ii) All additional member contributions required for  any  period  of  credited  CPP  qualifying  service  pursuant to paragraph one or four of  this subdivision (and any interest paid thereon  pursuant  to  paragraph  five  of  this  subdivision) which, pursuant to subparagraph (i) of this  paragraph,  are  paid  by  a  participant,  subject  to  the  applicable  provisions of section 13-125.2 of the administrative code or subdivision  nineteen  of  section  twenty-five hundred seventy-five of the education  law, into the contingent reserve fund of the retirement system of  which  such  participant  is  a  member  (other  than  repayments  of  loans of  additional member contributions pursuant to paragraph thirteen  of  this  subdivision or amounts paid in satisfaction of a contribution deficiency  calculated  in  accordance with paragraph six of this subdivision) shall  be divided in the following manner:    (A) one-half of such additional member  contributions  (and  any  such  interest  paid  thereon)  shall  be the employer contribution portion of  such additional member contributions; and    (B) one-half of such additional member  contributions  (and  any  such  interest  paid thereon) shall be the employee portion of such additional  member contributions, and shall be credited to the  employee  additional  contributions  account  which  shall be established for such participant  within the contingent reserve fund of such retirement system.    (iii) No person, while he or she is a participant or otherwise,  shall  at  any  time be permitted (A) to borrow, pursuant to paragraph thirteen  of this  subdivision  or  any  other  provision,  any  of  the  employer  contribution  portion  of his or her additional member contributions (as  established in accordance with item (A) of  subparagraph  (ii)  of  this  paragraph, including any interest paid thereon) which has been paid into  the  contingent reserve fund of the retirement system; or (B) to receive  a refund of any  of  such  employer  contribution  portion  pursuant  to  paragraph twelve of this subdivision or any other provision.    (iv)  None  of  the  employer  contribution portion of a participant's  additional member contributions (including any  interest  paid  thereon)  shall  for  any purpose (A) be deemed to be part of the employee portion  of additional member contributions paid by  a  participant;  or  (B)  be  credited  to  the  employee additional contributions account established  for such participant in the contingent reserve fund  of  the  retirement  system.    (v)  All  repayments  of  loans  of the employee portion of additional  member contributions pursuant to paragraph thirteen of this  subdivision  and   all   payments  of  the  employee  portion  of  additional  member  contributions in satisfaction of a contribution deficiency calculated in  accordance with paragraph six of this subdivision which are  paid  by  a  participant to the contingent reserve fund of a participating retirement  system  (and  any  interest  paid thereon) shall be part of the employee  portion of such participant's additional member contributions and  shall  be credited to the employee additional contributions account established  for  such  participant in the contingent reserve fund of such retirement  system.8. Where a person who was a participant in the age fifty-five improved  benefit retirement program as a member of one  participating  retirement  system becomes such a participant as a member of the other participating  retirement system:    (i)  the  employer  contribution  portion  of  the  additional  member  contributions paid by  such  person  to  such  first  retirement  system  pursuant  to this subdivision (including any interest paid thereon) that  is attributable  to  any  period  of  credited  CPP  qualifying  service  obtained in such second retirement system by purchase or transfer, which  previously was credited in such first retirement system, shall (only for  purposes  of  this  subdivision,  and  not  for  purposes of determining  required employer contributions to such  second  retirement  system)  be  deemed to have been paid to such second retirement system rather than to  such first retirement system; and    (ii)  the employee portion of the additional member contributions paid  by such  person  to  such  first  retirement  system  pursuant  to  this  subdivision (including any interest paid thereon) which remains credited  to  the  employee  additional contributions account established for such  person in the contingent reserve fund of such  first  retirement  system  that  is  attributable  to any period of credited CPP qualifying service  obtained in such second retirement system by purchase or transfer, which  previously was credited in such first retirement system, shall (only for  purposes of this  subdivision,  and  not  for  purposes  of  determining  required  employer  contributions  to  such second retirement system) be  deemed to have been paid to such second retirement system rather than to  such first retirement system, and shall  be  credited  to  the  employee  additional contributions account established for such participant in the  contingent reserve fund of such second retirement system.    9.  A  person  who  was  a  participant in the age fifty-five improved  benefit retirement program as a member of one  participating  retirement  system,  who  becomes  such  a  participant  as  a  member  of the other  participating retirement system and who thereafter transfers his or  her  membership  in  such  first  retirement  system  directly to such second  retirement system as such a participant shall be deemed to have the same  unpaid balance of a loan of the employee portion  of  additional  member  contributions   pursuant  to  paragraph  thirteen  of  this  subdivision  (including accrued interest) as he or she had in such  first  retirement  system  at  the  time  of  such  transfer  of  membership  to the second  retirement system.    10.  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 paragraphs  five and six of this subdivision, or repay the entire amount of  a  loan  of  the  employee  portion of his or her additional member contributions  pursuant to paragraph thirteen 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 the  employee  portion  of  additional  member  contributions   pursuant   to  subparagraph  (iii)  of  paragraph  twelve  of  this  subdivision,  such  participant's service retirement  benefit  calculated  pursuant  to  the  applicable  provisions  of  section 13-162 of the administrative code or  section thirty of the BERS rules and regulations 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 paragraphs five and  six  of  this  subdivision;  plus    (ii)  the  amount  of  any  unpaid  balance  of a loan of the employee  portion of his  or  her  additional  member  contributions  pursuant  to  paragraph  thirteen  of  this subdivision (including accrued interest on  such loan).    11. The board of trustees of NYCERS and the retirement board  of  BERS  may,  consistent  with  the  provisions  of this subdivision, promulgate  regulations for the payment of additional member contributions  required  by  this  subdivision,  and any interest thereon, by participants in the  age  fifty-five  improved  benefit  retirement  program  (including  the  deduction  of  such  contributions,  and  any interest thereon, from the  participants' compensation).    12. (i) Subject to  the  provisions  of  paragraph  fourteen  of  this  subdivision,  a  participant  in  the  age  fifty-five  improved benefit  retirement program who retires for disability pursuant to section 13-167  or 13-168 of the administrative code or section fifteen or seventeen  of  the  BERS rules and regulations shall be entitled, upon such retirement,  to a refund of the employee portion of  his  or  her  additional  member  contributions  paid pursuant to this subdivision (including any interest  on such employee portion paid to the retirement  system)  which  remains  credited  to  the  employee additional contributions account established  for such person in the contingent reserve fund of the retirement  system  of  which  he  or  she  is  a  member at the time of such retirement for  disability, 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.    (ii)  Subject  to  the  provisions  of  paragraph  fourteen  of   this  subdivision,  upon  the  death  of  a  participant in the age fifty-five  improved benefit retirement program, there shall be paid to such  person  as  he  or  she  has  nominated  or shall nominate to receive his or her  accumulated deductions 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,  the  employee  portion  of  his or her additional member contributions paid pursuant to  this subdivision (including any interest on such employee  portion  paid  to  the  retirement  system)  which  remains  credited  to  the employee  additional contributions account established  for  such  person  in  the  contingent reserve fund of the retirement system of which he or she is a  member  at  the time of his or her death, 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)  Subject  to  the  provisions  of  paragraph  fourteen  of  this  subdivision, a person (A) who  is  or  was  a  participant  in  the  age  fifty-five  improved  benefit  retirement  program;  (B) who retires for  service as a member of NYCERS or BERS pursuant to the applicable service  retirement provisions of the administrative code or the BERS  rules  and  regulations;  (C)  who  is  in  active  service on the effective date of  retirement; (D) who is at least sixty-two years of age on the  effective  date  of retirement; and (E) who was in active service for a total of at  least six months out of each of the two twelve-month periods immediately  preceding his or her retirement for service, shall, upon such retirement  for service, be entitled to a refund of the employee portion of  his  or  her  additional  member  contributions paid pursuant to this subdivision  (including any interest on such employee portion paid to the  retirement  system)  which remains credited to the employee additional contributionsaccount established for such person in the contingent  reserve  fund  of  the retirement system of which he or she is a member at the time of such  retirement  for  service,  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.    (iv)   Subject  to  the  provisions  of  paragraph  fourteen  of  this  subdivision, a person  who  ceases  to  be  a  participant  in  the  age  fifty-five  improved  benefit  retirement  program  as  a  member  of  a  participating retirement system because he or she ceases to hold  a  New  York  city  eligible  position,  who  thereafter  is employed in another  position in public employment which is not  a  New  York  city  eligible  position, but which entitles such person to membership in another public  retirement system which is maintained in whole or in part by the city or  state of New York, and who thereafter transfers his or her membership in  such  participating  retirement  system  directly  to such second public  retirement system, shall be permitted to withdraw the  employee  portion  of  his  or  her  additional  member contributions paid pursuant to this  subdivision (including any interest on such employee portion paid to the  retirement system) which remains credited  to  the  employee  additional  contributions  account  established  for  such  person in the contingent  reserve fund of such  participating  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.    (v)   Subject   to  the  provisions  of  paragraph  fourteen  of  this  subdivision, any person who  withdraws  as  a  participant  in  the  age  fifty-five improved benefit retirement program by filing a valid request  for  such withdrawal pursuant to subparagraph (ii) of paragraph three of  subdivision b of this section shall, upon such withdrawal,  be  entitled  to  a  refund  of  the  employee portion of his or her additional member  contributions paid pursuant to this subdivision (including any  interest  on  such  employee  portion paid to the retirement system) which remains  credited to the employee additional  contributions  account  established  for  such person in the contingent reserve fund of the retirement system  of which he or she is a member at the  time  of  such  withdrawal  as  a  participant,  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.    (vi)   Subject  to  the  provisions  of  paragraph  fourteen  of  this  subdivision, a  participant  in  the  age  fifty-five  improved  benefit  retirement program who has been terminated from employment in a New York  city  eligible  position  for  economic  reasons  by  his  or her public  employer shall be entitled,  upon  such  termination,  to  withdraw  the  employee  portion  of  his  or  her additional member contributions paid  pursuant to this subdivision (including any interest  on  such  employee  portion  paid  to  the  retirement system) which remains credited to the  employee additional contributions account established for such person in  the contingent reserve fund of the retirement system of which he or  she  is  a  member  at the time of such termination from employment, 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.    (vii)  Subject  to  the  provisions  of  paragraph  fourteen  of  this  subdivision, a  participant  in  the  age  fifty-five  improved  benefit  retirement program (A) who retires for service pursuant to paragraph two  of  subdivision  c  of  this  section; (B) who is in active service as a  participant in such program on the effective  date  of  retirement;  (C)who,  on  the effective date of retirement, is at least fifty-five years  of age, but less than sixty-two years of age; and (D) who was in  active  service  as  a  participant  in such program for a total of at least six  months out of each of the two twelve-month periods immediately preceding  his  or  her  retirement  for  service,  shall, upon such retirement for  service, be entitled to a refund of  only  that  part  of  the  employee  portion  of  his or her additional member contributions paid pursuant to  subparagraph (ii) of paragraph one of this subdivision and  subparagraph  (ii)  of  paragraph  four of this subdivision (including any interest on  such part of such employee portion paid to the retirement system)  which  remains  credited  to  the  employee  additional  contributions  account  established for such person  in  the  contingent  reserve  fund  of  the  retirement  system  of  which  he or she is a member at the time of such  retirement for service, 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,  and  shall  not  be  entitled  to a refund of any part of the  employee portion of his or  her  additional  member  contributions  paid  pursuant  to  subparagraph  (i)  of paragraph one of this subdivision or  subparagraph (i) of paragraph four of this subdivision (or any  interest  paid  on  such  part  of  such employee portion of his or her additional  member contributions), or any part of the employer contribution  portion  of  his  or  her  additional  member  contributions  (as  established in  accordance with item (A) of subparagraph (ii) of paragraph seven of this  subdivision) paid pursuant to subparagraph (i) or (ii) of paragraph  one  of  this  subdivision  or  subparagraph (i) or (ii) of paragraph four of  this subdivision (or any interest paid  on  such  employer  contribution  portion of his or her additional member contributions).    (viii) 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  age  fifty-five  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;  and  (C)  no  person, while he or she is a participant or otherwise, shall at any time  be permitted to withdraw any of the employer contribution portion of his  or  her  additional  member  contributions,  including any interest paid  thereon (as established in accordance with item (A) of subparagraph (ii)  of paragraph  seven  of  this  subdivision),  pursuant  to  any  of  the  preceding subparagraphs of this paragraph or otherwise.    13.  A  participant  in the age fifty-five improved benefit retirement  program shall be permitted to borrow from the employee portion of his or  her additional member contributions (as established in  accordance  with  item  (B)  of  subparagraph (ii) of paragraph seven of this subdivision,  including any interest paid thereon) which is credited to  the  employee  additional contributions account established for such participant in the  contingent reserve fund of the retirement system of which he or she is a  member.  The  borrowing  from such employee portion of 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 NYCERS and the retirement board of BERS may, consistent with  the provisions of this subdivision and the  provisions  of  section  sixhundred   thirteen-b   of  this  chapter  as  made  applicable  to  this  subdivision, promulgate regulations  governing  the  borrowing  of  such  employee  portion of additional member contributions, provided, however,  that  no person, while he or she is a participant or otherwise, shall at  any time be permitted to borrow, pursuant to this paragraph or any other  provision, any of the  employer  contribution  portion  of  his  or  her  additional member contributions, including any interest paid thereon (as  established  in  accordance  with  item  (A)  of  subparagraph  (ii)  of  paragraph seven of this subdivision).    14. Whenever a person has an unpaid balance of a loan of the  employee  portion  of  his  or  her  additional  member  contributions pursuant to  paragraph thirteen of this subdivision at the time  he  or  she  becomes  entitled  to  a  refund of the employee portion of his or her additional  member contributions pursuant to paragraph twelve 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  employee portion shall be the net amount of such employee portion,  together with interest thereon in  accordance  with  the  provisions  of  paragraph twelve of this subdivision.    15.  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.    16. 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.    17. The provisions of subdivision b of section four hundred  forty  of  this article shall apply to participants under this section.    * NB There are 2 § 445-d's