604-C*3 - Twenty-year/age fifty retirement program for Triborough bridge and tunnel members.

* §  604-c.  Twenty-year/age  fifty  retirement program for Triborough  bridge and tunnel members.  a.  Definitions.  The  following  words  and  phrases as used in this section shall have the following meanings unless  a different meaning is plainly required by the context.    1.  "Triborough  bridge  and  tunnel  member"  shall mean a member (as  defined in subdivision e of section six hundred one of this article) who  is employed by the Triborough bridge and tunnel authority  as  a  bridge  and   tunnel  officer,  sergeant,  or  lieutenant  in  a  non-managerial  position.    2. "Twenty-year/age fifty retirement program" shall mean all the terms  and conditions of this section.    3. "Starting date of the  twenty-year/age  fifty  retirement  program"  shall mean the date of enactment of the act which added this section, as  such  date is certified pursuant to section forty-one of the legislative  law.    4. "Participant in the twenty-year/age fifty retirement program" shall  mean any Triborough bridge and tunnel member who, under  the  applicable  provisions  of subdivision b of this section, is entitled to the rights,  benefits and privileges  and  is  subject  to  the  obligations  of  the  twenty-year/age fifty retirement program, as applicable to him or her.    5.   "Discontinued   member"   shall   mean   a   participant  in  the  twenty-year/age fifty retirement program who, while  he  or  she  was  a  Triborough  bridge  and  tunnel  member,  discontinued service as such a  member and has a right to a deferred vested benefit under subdivision  d  of this section.    6.  "Administrative  code"  shall  mean the administrative code of the  city of New York.    b. Participation  in  twenty-year/age  fifty  retirement  program.  1.  Subject  to  the  provisions  of  paragraph six of this subdivision, any  person who is a Triborough bridge and tunnel member on the starting date  of the twenty-year/age fifty retirement  program  and  who,  as  such  a  bridge  and  tunnel  member  or  otherwise,  last  became subject to the  provisions of this article prior to such starting  date,  may  elect  to  become  a participant in the twenty-year/age fifty retirement program by  filing, within one hundred eighty days after the starting  date  of  the  twenty-year/age  fifty  retirement  program, a duly executed application  for such participation with the retirement system of which  such  person  is  a  member,  provided he or she is such a bridge and tunnel member on  the date such application is filed.    2. Subject to the provisions of paragraph six of this subdivision, any  person who becomes a Triborough  bridge  and  tunnel  member  after  the  starting  date  of the twenty-year/age fifty retirement program and who,  as such a bridge and tunnel member or otherwise, last became subject  to  the provisions of this article prior to such starting date, may elect to  become  a participant in the twenty-year/age fifty retirement program by  filing, within one hundred eighty days after becoming such a bridge  and  tunnel  member,  a duly executed application for such participation with  the retirement system of which such person is a member, provided  he  or  she  is  such a bridge and tunnel member on the date such application is  filed.    3. Any election to be  a  participant  in  the  twenty-year/age  fifty  retirement program shall be irrevocable.    4. Each Triborough bridge and tunnel member who becomes subject to the  provisions  of  this  article  on  or  after  the  starting  date of the  twenty-year/age fifty retirement program shall become a  participant  in  the  twenty-year/age  fifty  retirement  program  on  the date he or she  becomes such a bridge and tunnel member.5. Where any  participant  in  the  twenty-year/age  fifty  retirement  program  shall  cease to be employed by the Triborough bridge and tunnel  authority as a bridge and tunnel member, he or she  shall  cease  to  be  such a participant and, during any period in which such person is not so  employed,  he  or  she shall not be a participant in the twenty-year/age  fifty retirement program and shall not be eligible for the  benefits  of  subdivision c of this section.    6.  Where  any  participant  in  the  twenty-year/age fifty retirement  program terminates service as a Triborough bridge and tunnel member  and  returns  to  such  service as a Triborough bridge and tunnel member at a  later date, he or she shall again become  such  a  participant  on  that  date.    c.   Service   retirement   benefits.   1.   A   participant   in  the  twenty-year/age fifty retirement program:    (i) who has completed twenty or more years of credited service; and    (ii) who has attained age fifty; and    (iii) who has paid, before  the  effective  date  of  retirement,  all  additional  member  contributions  and  interest  (if  any)  required by  subdivision e of this section; and    (iv) who files with the retirement system of which  he  or  she  is  a  member  an application for service retirement setting forth at what time  he or she desires to be retired; and    (v) who shall be a participant in the twenty-year/age fifty retirement  program at the time so specified for his or  her  retirement;  shall  be  retired  pursuant  to  the  provisions  of  this section affording early  service retirement.    2. (i) Notwithstanding any other provision of law to the contrary, the  early service retirement benefit for participants in the twenty-year/age  fifty retirement program who retire pursuant to paragraph  one  of  this  subdivision shall be a pension consisting of:    (A)  an  amount, on account of the required minimum period of service,  equal to one-half of his or her final average salary; plus    (B) an amount of credited service, or fraction  thereof,  beyond  such  required  minimum period of service equal to one and one-half percent of  his or her final average salary.    (ii)  The  maximum  pension  computed  without  optional  modification  payable  pursuant to subparagraph (i) of this paragraph shall equal that  payable upon completion of thirty years of service.    d. Vesting. 1. A participant in the twenty-year/age  fifty  retirement  program who:    (i)  discontinues  service  as  a Triborough bridge and tunnel member,  other than by death or retirement; and    (ii) prior to such discontinuance, completed five but less than twenty  years of credited service; and    (iii) has paid, prior to such discontinuance,  all  additional  member  contributions  and  interest  (if any) required by subdivision e of this  section; and    (iv) does not withdraw in whole or in  part  his  or  her  accumulated  member  contributions  pursuant  to section six hundred thirteen of this  article unless such participant thereafter returns to public service and  repays the amounts so withdrawn, together  with  interest,  pursuant  to  such  section  six  hundred  thirteen;  shall  be  entitled to receive a  deferred vested benefit as provided in this subdivision.    2. (i) Upon such discontinuance under the conditions and in compliance  with the provisions of paragraph one of this subdivision, such  deferred  vested benefit shall vest automatically.(ii)  Such vested benefit shall become payable on the earliest date on  which such discontinued member could have retired for  service  if  such  discontinuance had not occurred.    3.  Such  deferred  vested benefit shall be a pension consisting of an  amount equal to two and one-half percent of such  discontinued  member's  final  average  salary,  multiplied  by  the number of years of credited  service.    e. Additional member contributions.  1.  In  addition  to  the  member  contributions  required by section six hundred thirteen of this article,  each participant in the twenty-year/age fifty retirement program in  the  rank  of  bridge  and  tunnel officer shall contribute to the retirement  system of which he or  she  is  a  member  (subject  to  the  applicable  provisions  of  subdivision  d  of  section six hundred thirteen of this  article) an additional five and fifty one-hundredths percent of  his  or  her  compensation  and  each  participant  in  the twenty-year/age fifty  retirement  program  in  the  rank  of  sergeant  or  lieutenant   shall  contribute  to the retirement system an additional six percent of his or  her compensation earned from  all  allowable  service  as  a  Triborough  bridge  and  tunnel  member  rendered on and after the date which is one  hundred eighty days prior to the starting date  of  the  twenty-year/age  fifty  retirement  program.  A  participant in the twenty-year/age fifty  retirement program  shall  contribute  additional  member  contributions  until  the  later of (i) the date as of which he or she has twenty years  of credited service as a bridge and tunnel officer, or  (ii)  the  third  anniversary  of the date that he or she last became a participant in the  twenty-year/age fifty retirement program.    2. Commencing with the first full payroll  period  after  each  person  becomes  a  participant in the twenty-year/age fifty retirement program,  additional member contributions at the rate specified in  paragraph  one  of  this  subdivision  shall  be  deducted  (subject  to  the applicable  provisions of subdivision d of section  six  hundred  thirteen  of  this  article)  from  the  compensation  of such participant on each and every  payroll of such participant for each and every payroll period.    3. (i)  Subject  to  the  provisions  of  subparagraph  (ii)  of  this  paragraph,   where  any  additional  member  contributions  required  by  paragraph one of this subdivision are not  paid  by  deductions  from  a  participant's   compensation   pursuant   to   paragraph   two  of  this  subdivision:    (A) that participant shall be charged with a  contribution  deficiency  consisting of such unpaid amounts, together with interest thereon at the  rate of five percent per annum, compounded annually; and    (B)  such  interest  on  each amount of undeducted contributions shall  accrue from the end of the payroll period for which  such  amount  would  have been deducted from compensation if he or she had been a participant  at  the  beginning  of that payroll period, until such amount is paid to  the retirement system.    (ii) Except as provided in subparagraph (iii) of  this  paragraph,  no  interest  shall be due on any such unpaid additional contributions which  are not attributable to the period  prior  to  the  first  full  payroll  period referred to in paragraph two of this subdivision.    (iii)  Should  any  person  who,  pursuant  to paragraph eight of this  subdivision, has withdrawn any additional member contributions (and  any  interest paid thereon) again become a participant in the twenty-year/age  fifty  retirement  program pursuant to paragraph six of subdivision b of  this  section,  an  appropriate  amount  shall  be  included   in   such  participant's  contribution  deficiency  (including  interest thereon as  calculated pursuant to subparagraph (i) of this paragraph)  as  if  such  additional contributions had never been made.(iv)  Notwithstanding  any  other  provisions  of  this  paragraph, no  participant shall be charged interest for  any  period  prior  to  March  twenty-fifth,   nineteen   hundred  ninety-eight  with  respect  to  any  contributions owed with respect to any payroll period beginning prior to  such date.    4.  The head of a retirement system which includes participants in the  twenty-year/age  fifty  retirement  program  in  its   membership   may,  consistent   with   the   provisions  of  this  subdivision,  promulgate  regulations for the payment of such additional member contributions, and  any interest thereon, by such participants (including the  deduction  of  such  contributions,  and  any  interest thereon, from the participant's  compensation).    5.  Where  a  contribution  deficiency  chargeable  to  a  participant  pursuant  to  paragraph  three  of this subdivision has not been paid in  full before the effective date of retirement, that participant shall not  be eligible to retire pursuant to subdivision c of this section.    6.  Where  a  contribution  deficiency  chargeable  to  a  participant  pursuant  to  paragraph  three  of this subdivision has not been paid in  full before the date of  discontinuance  of  service,  that  participant  shall  not  be  entitled  to  a  deferred  vested  benefit  pursuant  to  subdivision d of this section.    7.  Where  a  participant  has  not  paid  in  full  any  contribution  deficiency  chargeable to him or her pursuant to paragraph three of this  subdivision, and a benefit, other than a refund of member  contributions  pursuant  to section six hundred thirteen of this article or a refund of  additional member contributions pursuant  to  paragraph  eight  of  this  subdivision, becomes payable under this article to the participant or to  his or her designated beneficiary or estate, the actuarial equivalent of  any  such  unpaid  amount  shall  be deducted from the benefit otherwise  payable.    7-a. Notwithstanding paragraph six or seven of this subdivision, where  a deficiency chargeable to a participant pursuant to paragraph three  of  this  subdivision  has  not been paid in full while the participant is a  Triborough bridge and tunnel member and such participant  retires  prior  to  July  first,  two  thousand eleven, such participant may elect to be  covered by this paragraph. Such participant shall  be  entitled  to  the  benefits  provided  in  subdivision  c  of  this  section  provided that  participant  authorizes  the  retirement  system  to  deduct  from  such  benefits  an amount which will result in the deficiency, plus associated  interest to date of final payment, being paid in full no later than July  first, two thousand eleven or such earlier date  as  agreed  to  by  the  participant.  Such  amount  will  be deducted in equal installments on a  monthly basis. Nothing in this paragraph shall prevent  the  participant  from  making  a  partial  payment of the amount of the deficiency at the  time of retirement so as to reduce the monthly payment  nor  to  make  a  lump  sum payment equal to the amount of the total unpaid balance at any  time during the period of repayment.    8. (i) Such additional member contributions (and any interest thereon)  shall be paid into the contingent reserve fund of the retirement  system  of  which  the  participant is a member and shall not for any purpose be  deemed to be member contributions  or  accumulated  contributions  of  a  member  under  section six hundred thirteen of this article or otherwise  while he or she is a participant in the twenty-year/age fifty retirement  program or otherwise.    (ii) Should a participant  in  the  twenty-year/age  fifty  retirement  program who has rendered less than fifteen years of allowable service as  a  Triborough  bridge  and  tunnel  member cease to hold a position as a  Triborough bridge and tunnel member for any reason  whatsoever,  his  orher  accumulated  additional  member contributions made pursuant to this  subdivision (together with any interest thereon paid to  the  retirement  system)   may  be  withdrawn  by  him  or  her  pursuant  to  procedures  promulgated  in  regulations  of the board of trustees of the retirement  system, together with interest thereon at the rate of five  percent  per  annum, compounded annually.    (iii)  Except  as  provided in subparagraph (ii) of this paragraph, no  member, while he or she is a participant  or  otherwise,  shall  have  a  right  to  withdraw such additional member contributions or any interest  thereon from the retirement system.    9. A member who has made the  additional  contributions  specified  by  this subdivision may borrow a portion of such contributions, pursuant to  the provisions of section six hundred thirteen-b of this article.    * NB There are 3 § 604-c's