Section 13-154. Optional retirement after twenty-five years of allowable service rendered in the uniformed force of the department of sanitation; retirement allowances for service in such force  


Latest version.
  • a. For the purposes  of  this  section  the uniformed force of the department of sanitation shall
      be deemed to consist of sanitation worker, assistant  foreman,  foreman,
      district     superintendent,    senior    superintendent,    supervising
      superintendent, principal superintendent, city superintendent,  director
      of operations and general superintendent.
        b.  Any  member of the uniformed force of the department of sanitation
      who (1) is appointed to such uniformed force after the first day of July
      nineteen hundred sixty-three, and (2) elects to contribute for the right
      to retire after twenty-five years of allowable service, and (3)  selects
      a   service-fraction   of   one   one-hundredth  of  his  or  her  final
      compensation, and (4) shall have at least twenty-five years of allowable
      service in said uniformed force, may retire upon written application  to
      the  board  setting  forth  at  what  time,  not  less  than thirty days
      subsequent to the execution and filing thereof, he or she desires to  be
      retired.
        c.  1.  Any  member  of  the  uniformed  force  of  the  department of
      sanitation who is in such uniformed force on  the  first  day  of  July,
      nineteen  hundred  sixty-three,  and  who  has  or  shall  have at least
      twenty-five years of allowable service  in  said  uniformed  force,  may
      retire upon written application to the board setting forth at what time,
      not  less  than  thirty  days  subsequent  to  the  execution and filing
      thereof, such member desires to be retired.
        2. A service fraction heretofore selected by  a  member  of  the  said
      uniformed  force  shall  not  affect  his  or  her right to retire after
      twenty-five years of allowable service as provided in  this  subdivision
      c.
        d.  1. Except as otherwise provided in section 13-160 of this chapter,
      upon retirement for service, a member of such force (including any  such
      member not subject to subdivision b or c of this section) shall receive,
      in  lieu  of  any other retirement allowance for service provided for by
      this title, a retirement allowance which shall consist of:
        (a) an annuity  which  shall  be  the  actuarial  equivalent  of  such
      member's  accumulated  deductions  at the time of his or her retirement;
      and
        (b) a pension which shall be equal to one  service  fraction  of  such
      member's final compensation, multiplied by the number of years of his or
      her allowable service; and
        (c)  a  further  pension  of  one-half of one service fraction of such
      member's final compensation multiplied by the number of his or her years
      of allowable service in such force, rendered after July second, nineteen
      hundred sixty-five; and
        (d)  a  pension   which   is   the   actuarial   equivalent   of   the
      reserve-for-increased-take-home-pay   to   which   such  member  may  be
      entitled; if any.
        2. The service fraction used in computing the pension of a  member  of
      such  force  pursuant  to  subparagraphs (b) and (c) of paragraph one of
      this subdivision d  shall  be  as  hereinafter  in  this  paragraph  two
      prescribed,  provided such service fraction is in effect with respect to
      such member at the time of the filing of  his  or  her  application  for
      service retirement:
        (a)  In  the case of any such member who elected a service fraction of
      one one-hundredth of his or her final compensation pursuant  to  and  at
      the time permitted by subdivision b, e or f of this section or paragraph
      six  of  subdivision  a  of section 13-172 of this chapter, or to whom a
      service fraction of one one-hundredth of his or her  final  compensation
    
      was  assigned  pursuant  to  subdivision g of this section, such service
      fraction shall be one one-hundredth;
        (b)  In  the case of any such member who, on or before June thirtieth,
      nineteen  hundred  thirty,  by  his  or  her   written   election   duly
      acknowledged  and  filed  with  the  board,  consented  to the necessary
      deductions from his or her compensation for an increase of pension to  a
      pension  based  upon a service fraction of one one-hundred-twentieth, or
      who, on or after  July  first,  nineteen  hundred  thirty,  elected  age
      fifty-five  as his or her minimum retirement age, pursuant to and at the
      time permitted by section 13-164 of this chapter, such service  fraction
      shall be one one-hundred-twentieth; and
        (c)  In the case of any other such member, such service fraction shall
      be  that  applicable  to  his  group  pursuant  to  the  provisions   of
      subdivision b of section 13-172 of this chapter.
        e.  (1)  Notwithstanding  any  other  provision of this section or any
      other provision of this chapter, any member of the  uniformed  force  of
      the  department  of sanitation who was appointed to such uniformed force
      after the first day of July, nineteen hundred sixty-three and  prior  to
      April twenty-fourth, nineteen hundred sixty-four, who has not elected to
      contribute  for the right to retire after twenty-five years of allowable
      service pursuant to the provisions of subdivision  b  of  this  section,
      may,  by  a written application duly executed and acknowledged and filed
      with the board, prior to the first  day  of  October,  nineteen  hundred
      sixty-four,   elect   to  contribute  for  the  right  to  retire  after
      twenty-five years of such service and select a service fraction  of  one
      one-hundredth of his or her final compensation.
        (2)  Any such member who makes such election and selection pursuant to
      the provisions of paragraph one of this subdivision e shall be  entitled
      to  retire  for  service  pursuant to the provisions of subdivision b of
      this section.
        f. Notwithstanding any other provision of this section  or  any  other
      provision  of  this  chapter,  any  member of the uniformed force of the
      department of sanitation who was in such force on the first day of July,
      nineteen hundred sixty-three, may, by a written application executed and
      acknowledged and filed with  the  board,  prior  to  the  first  day  of
      October,  nineteen  hundred  sixty-four,  elect  to  contribute  to  the
      retirement  system  on  the  basis  of  a  service   fraction   of   one
      one-hundredth of his or her final compensation.
        g.  Notwithstanding  any  other provision of this section or any other
      provision of this chapter, any person who is appointed a member  of  the
      uniformed  force  of  the  department  of  sanitation  on or after April
      twenty-fourth, nineteen hundred  sixty-four,  shall  contribute  to  the
      retirement   system   on   the  basis  of  a  service  fraction  of  one
      one-hundredth  of  his  final  compensation.  Any  such   member,   upon
      completion  of  at  least twenty-five years of allowable service in such
      uniformed force, may  retire  upon  written  application  to  the  board
      setting  forth at what time, not less than thirty days subsequent to the
      execution and filing thereof, he or she desires to be retired, and  upon
      his  or  her retirement such member shall receive a retirement allowance
      consisting of the components and computed in  the  manner  specified  in
      subdivision d of this section.