Section 16-C. Minimum service retirement benefits for certain sanitation department employees in cities and who are members of pension or retirement systems maintained by such cities  


Latest version.
  • 1. For the purposes of
      this section the uniformed force of a city department of  sanitation  or
      similar   department   or   agency   shall   be  deemed  to  consist  of
      sanitationman,  assistant  foreman,  foreman,  district  superintendent,
      senior    superintendent,    supervising    superintendent,    principal
      superintendent, city superintendent, director of operations and  general
      superintendent.
        2.  Notwithstanding  the  provisions  of any general, special or local
      law, charter or administrative code to the contrary, and in lieu of  any
      lesser amount otherwise prescribed, any person:
        (a)  who  is  a  member  of  the  uniformed force of the department of
      sanitation or similar department or agency of a city, and is a member of
      a pension or retirement system maintained by such city; and
        (b) who, by reason of a plan or option selected by  him  or  otherwise
      made  applicable  to  him  pursuant  to or by the administrative code or
      charter  or  other  local  provisions  of  law  governing  the  rate  of
      contribution  and  eligibility for service retirement of members of such
      uniformed force who are  members  of  such  city-maintained  pension  or
      retirement system:
        (1)  is  required  to  make  contributions  to  such  system at a rate
      calculated on the basis of a  service-fraction  of  not  less  than  one
      one-hundredth of his final compensation under such system; and
        (2)  is  eligible  for  retirement  for  service  upon completion of a
      minimum of twenty-five years of service in such  uniformed  force  as  a
      member of such system; and
        (c)  who  has  completed at least twenty-five years of service in such
      uniformed force as a member of such system;
        shall, upon retirement for service, receive, on account of  the  first
      twenty-five  years  of  service  in  such  uniformed force, a pension or
      retirement allowance which shall, subject  to  the  provisions  of  this
      section,  be equal to one-half of his annual salary or compensation when
      so retired.
        3. Where a city-maintained  pension  or  retirement  system  for  such
      members  of  such uniformed force of such city provides, upon retirement
      for service, for a retirement allowance consisting of a pension (with or
      without a pension for-increased-take-home-pay) plus an annuity which  is
      the  actuarial  equivalent  of the member's accumulated contributions or
      accumulated deductions at the time of his retirement, then in that event
      there shall be added by the city, whenever required, a  further  pension
      of  such  amount  which,  together  with  the member's annuity, shall be
      sufficient to provide him with a retirement allowance equal to  one-half
      of  his  annual  salary or compensation when so retired. For the purpose
      only of determining the amount of the additional  pension  contributions
      by the city that may be required, the member's annuity, if any, shall be
      computed,  as  it  would be, (a) if it were not reduced by the actuarial
      equivalent of any outstanding loan, (b) if it were not increased by  the
      actuarial equivalent of any additional contributions, (c) if it were not
      reduced  by  reason  of  the  member's  election to decrease his annuity
      contributions in order to apply the amount of such reduction in  payment
      of  his  contributions for old-age and survivors insurance coverage, (d)
      as it would be without any optional modification.
        4.  Where  additional  retirement  benefits  are  payable  under   the
      city-maintained  pension  or retirement system, such additional benefits
      shall be paid, for service in addition to and in excess  of  twenty-five
      years  of  service,  in  addition  to  the  minimum  retirement benefits
      required to be paid by this section.
    
        5. The provisions of this section shall not apply to  members  of  the
      New York state employees' retirement system.