Section 13-391.1. Variable supplements for wipers for periods included in the period beginning on July first, nineteen hundred eighty-eight and ending on December thirty-first, nineteen hundred ninety-two

a. As used in  this section, the following terms shall mean and include:
    1. "Wiper (uniformed)". A member of pension  fund  subchapter  one  or
  pension fund subchapter two holding the position of wiper (uniformed).
    2.  "Minimum  period".  The minimum period of credited service which a
  member of the fire department pension fund subchapter one  or  the  fire
  department  pension fund subchapter two is required by law to perform in
  order to be eligible to retire for service with immediate payability  of
  retirement allowance.
    3.  "Wiper  pension  fund  beneficiary".  Any  person  who  receives a
  retirement allowance by reason of having retired, on  or  after  October
  first, nineteen hundred sixty-eight, for service (with credit for twenty
  or  more  years  of  service  creditable toward the minimum period) as a
  member of pension fund subchapter one or pension fund subchapter two and
  as a wiper (uniformed).
    4. "Board of Trustees". The board of  trustees  of  the  firefighters'
  variable  supplements fund established by section 13-384 of the code, as
  such section would be in the absence of the enactment of the  act  which
  added this section 13-391.1. Subdivisions c and d of such section, as it
  would  be in the absence of such enactment, shall govern the functioning
  of such board for the purposes of this section.
    5. "Wiper variable supplements assets account".  (a)  Subject  to  the
  provisions  of  subdivision  f  of  this  section, a separate account of
  assets which (i) shall be available as a source of payment  of  variable
  supplements   to  wiper  pension  fund  beneficiaries  pursuant  to  the
  provisions of this section and subparagraph (i) of paragraph thirteen of
  subdivision a of section 13-385  of  this  subchapter,  and  (ii)  shall
  consist  of  the  assets  hereinafter  designated  in  this paragraph as
  included in such account and (iii) shall be separately maintained by the
  firefighters' variable supplements  fund  (within  the  assets  of  such
  fund),  in  the  custody  of  the  comptroller, for the benefit of wiper
  pension fund beneficiaries.
    (b) As of July first, nineteen hundred eighty-eight,  there  shall  be
  determined  by  the  board  of  trustees,  on  the recommendation of the
  actuary,  the  portion  of  the  assets  of  the  firefighters  variable
  supplements  fund  which  is  attributable  to  persons  who  are wipers
  (uniformed) as of such July first and persons who are wiper pension fund
  beneficiaries as of such July first.
    (c) If the board of trustees is unable to make such  determination  by
  the required majority vote, such dispute shall be resolved, on the basis
  of  the  recommendation  of  the  actuary, pursuant to the procedure set
  forth in subdivision d of section 13-384 of  this  subchapter,  as  such
  subdivision  would  be  in the absence of the enactment of the act which
  added this section 13-391.1.
    (d) Upon the making of the determination provided for in subparagraphs
  (b) and (c) of this paragraph five,  the  assets  attributable  to  such
  wipers  and wiper pension fund beneficiaries, as so determined, shall be
  credited by the firefighters' variable supplements  fund  to  the  wiper
  variable supplements assets account.
    (e)  (i) For each base fiscal year included in the period beginning on
  July first, nineteen hundred eighty-eight and ending on June  thirtieth,
  nineteen  hundred ninety-two as to which the cumulative earnings factor,
  as calculated pursuant to section 13-335.2 of this chapter is a positive
  quantity, the amount of such factor shall be multiplied by  a  fraction,
  the  numerator of which shall be the total contributions made to pension
  fund subchapter two with respect to such base fiscal year on  behalf  of

  all members of the uniformed force of the fire department who are wipers
  (uniformed),  as  of  the  last  day  of  such base fiscal year, and the
  denominator of which shall be  the  total  contributions  made  to  such
  pension  fund  with  respect  to  such base fiscal year on behalf of all
  persons who are members of the uniformed force of the fire department as
  of the last day of such base fiscal year.
    (ii) On or before August thirty-first of the current fiscal year  with
  respect  to such base fiscal year, pension fund subchapter two shall pay
  an amount equal to the product of such multiplication  into  the  wipers
  variable supplements assets account.
    b.  Subject  to  the provisions of subdivision f of this section, with
  respect to any period included in the period beginning  on  July  first,
  nineteen  hundred  eighty-eight  and  ending  on  December thirty-first,
  nineteen hundred ninety-two, the entitlement of all wiper  pension  fund
  beneficiaries  to  variable  supplements shall be determined pursuant to
  the provisions of this subchapter five (other  than  this  section),  as
  such provisions would be in the absence of the enactment of chapter five
  hundred  eighty-three  of  the  laws nineteen hundred eighty-nine and as
  such provisions are modified by this section.
    c. For the purpose of determining such entitlement, the provisions  of
  such  subchapter  (other  than  this  section)  shall be interpreted and
  applied in the manner provided for in  the  succeeding  subdivisions  of
  this  section.  For such purpose, a wiper pension fund beneficiary shall
  be entitled to receive variable supplements only to the extent  provided
  for in this section.
    d.  For each month during the period from July first, nineteen hundred
  eighty-eight to December thirty-first, nineteen hundred eighty-nine, the
  firefighters' variable supplements fund shall pay to each wiper  pension
  fund   beneficiary  the  monthly  variable  supplement  for  which  such
  beneficiary would be eligible under the provisions  of  this  subchapter
  and  the  benefit  plan  and payment resolution as in effect immediately
  prior to July first, nineteen hundred eighty-eight.
    e. Subject to the provisions of subdivision f of this section, for any
  period included in the  period  beginning  on  January  first,  nineteen
  hundred  ninety  and  ending  on December thirty-first, nineteen hundred
  ninety-two, the granting of variable supplements to wiper  pension  fund
  beneficiaries shall be governed by the provisions of sections 13-385 and
  13-391 of this subchapter, as such provisions would be in the absence of
  the  enactment  of  chapter  five  hundred  eighty-three  of the laws of
  nineteen hundred eighty-nine. For such purpose, the assets  providing  a
  basis  for  a  grant  of  variable  supplements  to  wiper  pension fund
  beneficiaries  shall  be  only  the  assets  in  the   wipers   variable
  supplements  assets  account.  For  any  period  included  in the period
  beginning on January  first,  nineteen  hundred  ninety  and  ending  on
  December thirty-first, nineteen hundred ninety-two, variable supplements
  may  not  be  paid  to  a wiper pension fund beneficiary from any assets
  other than assets of the wiper variable supplements asset account.
    f. On January first, nineteen hundred ninety-four, the wiper  variable
  supplements  asset  account  shall  terminate and cease to exist and all
  assets in such account on such date, and all rights to  any  moneys  due
  and  owing  to  such  account  on such date, shall be transferred to and
  become the property of the variable supplements fund.
    g. Nothing contained in the preceding  subdivisions  of  this  section
  shall  be  construed  as preventing the application of the provisions of
  this section for the purposes of, and in the manner and  to  the  extent
  prescribed  by subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph
  thirteen of subdivision a of section 13-385 of this subchapter.