Section 13-157.2*2. Twenty-five year retirement program for EMT members  


Latest version.
  • 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. "EMT member" shall mean a member of the retirement  system  who  is
      employed  by  the  city  of  New York or by the New York city health and
      hospitals corporation in a title whose duties are those of an  emergency
      medical  technician  or  advanced emergency medical technician (as those
      terms are defined in section three thousand one  of  the  public  health
      law),  or  in  a title whose duties require the supervision of employees
      whose duties are those of an emergency medical  technician  or  advanced
      emergency  medical  technician  (as  those  terms are defined in section
      three thousand one of the public health law).
        2. "Twenty-five year retirement program" shall mean all the terms  and
      conditions of this section.
        3.  "Starting  date  of the twenty-five year retirement program" shall
      mean the date of enactment of this section.
        4. "Participant in the twenty-five year retirement program" shall mean
      any EMT 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  retirement  program,
      as applicable to him or her.
        5.  "Discontinued  member" shall mean a participant in the twenty-five
      year retirement program  who,  while  he  or  she  was  an  EMT  member,
      discontinued  service  as  such  a  member and has a right to a deferred
      vested benefit under the provisions of subdivision d of this section.
        6. "Allowable service as an EMT member" shall mean (i) all service  as
      an  EMT  member;  and (ii) all service while employed by the city of New
      York or by the New York city health and  hospitals  corporation  in  the
      title motor vehicle operator.
        b.  Participation  in  the  twenty-five  year  retirement  program. 1.
      Subject  to  the  provisions  of  paragraphs  five  and  six   of   this
      subdivision, any person who is an EMT member on the starting date of the
      twenty-five year retirement program may elect to become a participant in
      the  twenty-five  year  retirement program by filing, within one hundred
      eighty days after the starting date of the twenty-five  year  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 an EMT 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 an EMT  member  after  the  starting
      date  of  the  twenty-five year retirement program may elect to become a
      participant in the twenty-five year retirement program by filing, within
      one hundred eighty days after  becoming  such  an  EMT  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  an  EMT
      member on the date such application is filed.
        3. Any election to be a participant in the twenty-five year retirement
      program shall be irrevocable.
        4.  Where  any  participant in the twenty-five year retirement program
      shall cease to be employed as an EMT 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-five  year
      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  retirement  program
      terminates  service  as  an EMT member and returns to such service as an
    
      EMT 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
      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. 1. A participant  in  the  twenty-five
      year retirement program:
        (i)  who  has completed twenty-five or more years of allowable service
      as an EMT member; and
        (ii) who files with the retirement system an application  for  service
      retirement  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
        (iii)  who  shall  be a participant in the twenty-five year 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. Notwithstanding any other provision of law  to  the  contrary,  the
      early  service  retirement  benefit for a participant in the twenty-five
      year retirement program who retires pursuant to paragraph  one  of  this
      subdivision shall be a retirement allowance consisting of:
        (i)  an  amount, on account of the required minimum period of service,
      equal to the sum  of  (a)  an  annuity  which  shall  be  the  actuarial
      equivalent of the accumulated deductions from his or her pay during such
      period,  (b)  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 (c) a pension which, when
      added to such annuity  and  such  pension  for  increased-take-home-pay,
      produces  a  retirement  allowance  equal  to  fifty-five percent of the
      salary earned or earnable in the year prior to his  or  her  retirement;
      plus
        (ii) an amount for each additional year of allowable service as an EMT
      member,  or  fraction  thereof,  beyond  such required minimum period of
      service equal to one and seven-tenths percent of the  salary  earned  or
      earnable  in  the year prior to his or her retirement for such allowable
      service during the period from the completion of  twenty-five  years  of
      allowable service as an EMT member to the date of retirement.
        d.  Vesting.  1.  A  participant  in  the  twenty-five year retirement
      program who:
        (i) discontinues service as an EMT member,  other  than  by  death  or
      retirement; and
        (ii)  prior  to  such  discontinuance,  completed  five  but less than
      twenty-five years of allowable city service; and
        (iii) does not withdraw in whole or in part  his  or  her  accumulated
      member  contributions  pursuant to section 13-141 of this chapter, 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  retirement  allowance
      consisting  of  an  amount  equal  to two and two-tenths percent of such
      discontinued member's salary earned or earnable in the year prior to his
      or her discontinuance, multiplied by the number of  years  of  allowable
      service as an EMT member.
        e.  Member  contributions.  All  EMT  members  of the twenty-five year
      retirement program shall be required to make  member  contributions  and
      additional  member  contributions  in accordance with and subject to the
      same rights, privileges, obligations and procedures as govern the member
      contributions  and   additional   member   contributions   required   by
      subdivision d of section four hundred forty-five-e of the retirement and
      social security law.
        For  the purpose of applying, under this subdivision, subdivision d of
      section four hundred forty-five-e of the retirement and social  security
      law  to  an EMT member of the twenty-five year retirement program who is
      subject to the provisions of this section, and is  not  subject  to  the
      provisions  of article eleven of the retirement and social security law,
      the term "credited service", as  used  in  such  subdivision,  shall  be
      deemed to mean allowable service as an EMT member.
        * NB There are 2 § 13-157.2's