S T A T E   O F   N E W   Y O R K
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                                  7592

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced  by  M.  of  A.  CANESTRARI  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the navigation law, in relation to  the  creation  of  a
  Hudson River pilots surcharge board

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 4 of section 89-a of the navi-
gation law is amended by adding two new subparagraphs  1-b  and  1-c  to
read as follows:
  (1-B)  THERE  IS  HEREBY CREATED A HUDSON RIVER PILOTS SURCHARGE BOARD
WHICH SHALL DETERMINE THE RATE OF THE SURCHARGE PROVIDED IN SUBPARAGRAPH
ONE-C OF THIS PARAGRAPH. THE SURCHARGE BOARD SHALL DETERMINE ELIGIBILITY
FOR BENEFITS PURSUANT TO SUBDIVISIONS FIVE AND SEVEN OF THIS SECTION.
  THE HUDSON RIVER PILOTS SURCHARGE BOARD SHALL CONSIST OF  TWO  MEMBERS
AS FOLLOWS: THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF PILOTS OF THE
STATE  OF NEW YORK, OR HIS OR HER DESIGNEE FROM THE BOARD OF COMMISSION-
ERS, AND THE PRESIDENT OF THE HUDSON RIVER PILOTS ASSOCIATION, OR HIS OR
HER DESIGNEE WHO MUST BE A MEMBER OF SUCH ASSOCIATION. IN THE EVENT  THE
TWO  MEMBERS  CANNOT  REACH  A  DECISION  ON THE SURCHARGE RATE, A THIRD
MEMBER SHALL BE APPOINTED BY THE TWO MEMBERS FROM A  LIST  SUBMITTED  BY
THE  AMERICAN ARBITRATION ASSOCIATION FROM ITS LISTS OF COMMERCIAL ARBI-
TRATORS. IF, AFTER SUBMISSION OF SUCH A LIST, THE  TWO  MEMBERS  OF  THE
BOARD  FAIL  TO AGREE UPON A SINGLE ARBITRATOR AS THE THIRD MEMBER, THEN
THE AMERICAN ARBITRATION ASSOCIATION SHALL BE AUTHORIZED TO  SELECT  AND
SUBMIT  THE  NAME OF THE THIRD MEMBER FOR APPOINTMENT. SUCH THIRD MEMBER
SHALL BE APPOINTED WITHIN TEN DAYS OF A DEADLOCKED VOTE  OF  THE  HUDSON
RIVER  PILOT SURCHARGE BOARD. SUCH MEMBERS SHALL VOTE AT MEETINGS CALLED
UPON WRITTEN NOTICE MAILED SEVEN CALENDAR DAYS IN ADVANCE OF  THE  MEET-
ING, TO DETERMINE THE RATE OF SURCHARGE, ASSISTED AS NECESSARY BY QUALI-
FIED  ACTUARIES OR ACCOUNTANTS, AUTHORIZED IN CLAUSE (I) OF SUBPARAGRAPH
ONE-C OF THIS PARAGRAPH DURING EACH CALENDAR QUARTER IN TIME  SUFFICIENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09591-02-9
              

A. 7592                             2

FOR SUCH SURCHARGE TO BE IN EFFECT ON THE FOLLOWING JANUARY FIRST, APRIL
FIRST,  JULY  FIRST,  AND OCTOBER FIRST OF EACH YEAR.  WRITTEN NOTICE OF
MEETINGS MAY BE WAIVED IF DONE SO WITH UNANIMOUS CONSENT  OF  ALL  BOARD
MEMBERS.  MEMBERS  OF  THE  HUDSON  RIVER PILOT SURCHARGE BOARD SHALL BE
SUBJECT TO SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  (1-C) (I) IN ADDITION TO THE BASE PILOTAGE CHARGE SET FORTH IN SUBPAR-
AGRAPH ONE OF THIS PARAGRAPH, THERE IS HEREBY ESTABLISHED A SURCHARGE ON
EVERY FOREIGN VESSEL AND EVERY AMERICAN VESSEL UNDER REGISTER NAVIGATING
THAT PORTION OF  THE  HUDSON  RIVER  SPECIFIED  IN  THIS  SECTION.  SUCH
SURCHARGE,  AS DETERMINED QUARTERLY BY THE HUDSON RIVER PILOTS SURCHARGE
BOARD, SHALL BE IMPOSED FOR THE EXCLUSIVE PURPOSE OF THE FUNDING,  ON  A
SOUND  ACTUARIAL BASIS, THE RETIREMENT BENEFITS FOR HUDSON RIVER PILOTS,
DESCRIBED IN CLAUSE (II) OF THIS SUBPARAGRAPH.
  (II) THE AMOUNT OF THE SURCHARGE  DESCRIBED  IN  CLAUSE  (I)  OF  THIS
SUBPARAGRAPH ON THE DATE PILOTAGE RATES ARE COMPUTED SHALL NOT EXCEED:

PILOTAGE UNITS       SURCHARGE
0 TO 50              $222.44
51 TO 100            $268.00
OVER 100             $2.68 PER PILOT UNIT

DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH.
  THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARAGRAPH
ON THE DATE PILOTAGE RATES ARE COMPUTED SHALL NOT EXCEED:

PILOTAGE UNITS       SURCHARGE
0 TO 50              $371.01
51 TO 100            $447.00
OVER 100             $4.47 PER PILOT UNIT

DURING  THE  PERIOD  BEGINNING WITH THE THIRTEENTH MONTH AND ENDING WITH
THE TWENTY-FOURTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
  THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF  THIS  SUBPARA-
GRAPH ON THE DATE PILOTAGE RATES ARE COMPUTED SHALL NOT EXCEED:

PILOTAGE UNITS       SURCHARGE
0 TO 50              $499.66
51 TO 100            $602.00
OVER 100             $6.02 PER PILOT UNIT

DURING THE PERIOD BEGINNING WITH THE TWENTY-FOURTH MONTH AND ENDING WITH
THE THIRTY-SIXTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
  (III)  FOLLOWING  THE  THIRTY-SIXTH  MONTH AFTER THE EFFECTIVE DATE OF
THIS SUBPARAGRAPH, THE AMOUNT OF THE  SURCHARGE  AS  DETERMINED  BY  THE
SURCHARGE  BOARD  SHALL NOT EXCEED THE GREATER OF THIRTY-FIVE PERCENT OF
THE SUM OF THE BASE PILOTAGE CHARGES SET FORTH IN  SUBPARAGRAPH  ONE  OF
THIS  PARAGRAPH FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS BEYOND
HYDE PARK THROUGH ALBANY OR TROY, AS AMENDED; OR NINE  HUNDRED  THOUSAND
DOLLARS IN ANY CALENDAR YEAR.
  (IV)  THE  SCALE OF CHARGES SET FORTH IN THIS SUBPARAGRAPH IS DEEMED A
PILOTAGE  FEE  AND  SHALL  BE  SUBJECT  TO  THE  PROVISIONS  OF  SECTION
NINETY-FIVE OF THIS ARTICLE.
  (V)  (A)  THE  PROCEEDS  OF THE SURCHARGE PROVIDED FOR IN THIS SECTION
SHALL BE DEPOSITED IN AN ACCOUNT MAINTAINED BY THE HUDSON  RIVER  PILOTS
ASSOCIATION FOR THE BENEFIT OF HUDSON RIVER PILOTS ELIGIBLE FOR BENEFITS

A. 7592                             3

AS  PROVIDED  IN  THIS SECTION, FROM WHICH ACCOUNT ALL SUCH BENEFITS AND
THE REASONABLE EXPENSES FOR ADMINISTRATION THEREOF SHALL  BE  PAID.  THE
MONIES  ON DEPOSIT IN SUCH ACCOUNT SHALL BE REFERRED TO HEREAFTER AS THE
"RETIREMENT ASSETS". THE RETIREMENT ASSETS SHALL BE USED TO PAY A YEARLY
TARGET  RETIREMENT BENEFIT TO (I) HUDSON RIVER PILOTS ACTIVE ON THE DATE
PILOTAGE RATES ARE COMPUTED PURSUANT TO THIS SUBPARAGRAPH AND  THEREAFT-
ER,  UPON RETIREMENT ON OR AFTER THE AGE OF SIXTY, OR DISABILITY RETIRE-
MENT; (II) RETIRED HUDSON RIVER PILOTS OR HUDSON RIVER PILOTS  RECEIVING
DISABILITY  RETIREMENT  BENEFITS  ON  THE DATE OF ADOPTION; AND (III) TO
SURVIVING SPOUSES OF PILOTS, RETIRED PILOTS OR PILOTS RECEIVING DISABIL-
ITY RETIREMENT AS PROVIDED FOR BELOW.
  (B) HUDSON RIVER PILOTS WHO ARE ALSO SANDY HOOK  PILOTS  ELIGIBLE  FOR
BENEFITS  UNDER ITEM (B) OF SUBCLAUSE ONE OF CLAUSE (II) OF SUBPARAGRAPH
ONE OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION EIGHTY-EIGHT OF THIS
ARTICLE SHALL BE EXCLUDED  FROM  RECEIVING  ANY  BENEFITS  SPECIFIED  IN
SUBDIVISION FIVE OF THIS SECTION.
  (C)  NO INDIVIDUAL OTHER THAN THOSE SPECIFIED IN SUBCLAUSE (A) OF THIS
CLAUSE  SHALL  BE  ELIGIBLE  FOR  BENEFITS  PURSUANT  TO  THE  SURCHARGE
DESCRIBED IN CLAUSE (I) OF THIS SUBPARAGRAPH WITHOUT THE APPROVAL OF THE
HUDSON RIVER PILOTS SURCHARGE BOARD.
  (D) THE FUNDS GENERATED BY THE SURCHARGE IMPOSED BY CLAUSE (I) OF THIS
SUBPARAGRAPH  SHALL  BE  ADMINISTERED  BY THE EXECUTIVE COMMITTEE OF THE
HUDSON RIVER PILOTS ASSOCIATION, OR ANY SUCCESSORS THERETO.
  (E) THE SURCHARGES PURSUANT TO CLAUSE (I) OF THIS  SUBPARAGRAPH  SHALL
BE  COLLECTED  BY  THE AGENT OF THE HUDSON RIVER PILOTS. FUNDS GENERATED
FOR THESE PURPOSES SHALL BE AUDITED ANNUALLY BY THE SURCHARGE  BOARD  TO
ENSURE  PROPER  FUNDING FOR THE PURPOSES SET FORTH IN CLAUSE (I) OF THIS
SUBPARAGRAPH.
  S 2. Section 89-a of the navigation law is amended by adding seven new
subdivisions 5, 6, 7, 8, 9, 10 and 11 to read as follows:
  5. (A)(1) EACH HUDSON RIVER PILOT ACTIVE ON THE  DATE  PILOTAGE  RATES
ARE  COMPUTED  PURSUANT  TO  THIS  SECTION WHO RETIRES AFTER TWENTY-FIVE
YEARS OF SERVICE AND AFTER REACHING  SIXTY  YEARS  OF  AGE,  OR  BECOMES
ELIGIBLE  FOR  DISABILITY  RETIREMENT  BENEFITS,  SHALL RECEIVE A TARGET
YEARLY BENEFIT COMPUTED AS A SINGLE LIFE  ANNUITY,  INITIALLY  EQUAL  TO
FIFTY  PERCENT  OF THE AMOUNT WHICH IS EQUAL TO THE HIGHEST ANNUAL EARN-
INGS FROM SERVICE AS A FULL BRANCH HUDSON RIVER  PILOT  BASED  UPON  THE
PILOTAGE  CHARGES  SET  FORTH  IN  SUBPARAGRAPH  ONE OF PARAGRAPH (B) OF
SUBDIVISION FOUR OF THIS SECTION DURING THE  LAST  THREE  FULL  CALENDAR
YEARS  OF  SERVICE  AS  AN  ACTIVE  PILOT PRIOR TO RETIREMENT REDUCED AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED IN
SUBDIVISION EIGHT OF THIS SECTION.
  (2) A HUDSON RIVER  PILOT  ACTIVE  ON  THE  DATE  PILOTAGE  RATES  ARE
COMPUTED  PURSUANT  TO  THIS SECTION WHO RETIRES OR BECOMES ELIGIBLE FOR
DISABILITY RETIREMENT BENEFITS AFTER REACHING SIXTY-FIVE  YEARS  OF  AGE
AND  AFTER THIRTY YEARS OF SERVICE AS A HUDSON RIVER PILOT SHALL RECEIVE
A TARGET YEARLY BENEFIT COMPUTED AS A  SINGLE  LIFE  ANNUITY,  INITIALLY
EQUAL TO SIXTY PERCENT OF THE AMOUNT WHICH IS EQUAL TO THE HIGHEST ANNU-
AL  EARNINGS FROM SERVICE AS A FULL BRANCH HUDSON RIVER PILOT BASED UPON
THE PILOTAGE CHARGES SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH  (B)  OF
SUBDIVISION  FOUR  OF  THIS  SECTION DURING THE LAST THREE FULL CALENDAR
YEARS OF SERVICE AS AN ACTIVE PILOT PRIOR  TO  RETIREMENT  REDUCED    AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED IN
SUBDIVISION EIGHT OF THIS SECTION.
  (B)(1)  EACH  RETIRED  HUDSON  RIVER PILOT AND EACH HUDSON RIVER PILOT
RECEIVING DISABILITY RETIREMENT BENEFITS ON OR AFTER THE  DATE  PILOTAGE

A. 7592                             4

RATES ARE COMPUTED PURSUANT TO THIS SECTION SHALL RECEIVE A TARGET YEAR-
LY  BENEFIT  COMPUTED AS A SINGLE LIFE ANNUITY, INITIALLY EQUAL TO FIFTY
PERCENT OF THE HIGHEST ANNUAL EARNINGS FROM SERVICE  AS  A  FULL  BRANCH
HUDSON  RIVER  PILOT  BASED  UPON THE BASE PILOTAGE CHARGES SET FORTH IN
SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION FOUR  OF  THIS  SECTION
DURING  THE LAST THREE FULL CALENDAR YEARS OF SERVICE AS AN ACTIVE PILOT
PRIOR TO RETIREMENT REDUCED AS PROVIDED  IN  SUBDIVISION  NINE  OF  THIS
SECTION AND ADJUSTED AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION.
  (2)  EACH  RETIRED  HUDSON  RIVER  PILOT  AND  EACH HUDSON RIVER PILOT
RECEIVING DISABILITY RETIREMENT BENEFITS WHO RETIRED OR BECAME  ELIGIBLE
FOR  DISABILITY  RETIREMENT  BENEFITS AFTER REACHING SIXTY-FIVE YEARS OF
AGE AND AFTER THIRTY YEARS OF SERVICE AS A  HUDSON  RIVER  PILOT  ON  OR
AFTER  THE  DATE  PILOTAGE  RATES  ARE COMPUTED PURSUANT TO THIS SECTION
SHALL RECEIVE A TARGET YEARLY BENEFIT COMPUTED AS A SINGLE LIFE ANNUITY,
INITIALLY EQUAL TO SIXTY PERCENT OF THE  HIGHEST  ANNUAL  EARNINGS  FROM
SERVICE AS A FULL BRANCH HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE
CHARGES  SET  FORTH  IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION DURING  THE  LAST  THREE  FULL  CALENDAR  YEARS  OF
SERVICE  AS  AN  ACTIVE PILOT PRIOR TO RETIREMENT REDUCED AS PROVIDED IN
SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED IN SUBDIVISION
EIGHT OF THIS SECTION.
  (C) THE BENEFITS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION  SHALL
ONLY  BE  AVAILABLE  TO RETIRED HUDSON RIVER PILOTS WHO RETIRED PRIOR TO
THE YEAR NINETEEN HUNDRED NINETY DURING THE FIRST  TWELVE  MONTHS  AFTER
THE  EFFECTIVE  DATE  OF THIS PARAGRAPH. THE BENEFITS DESCRIBED IN PARA-
GRAPH (B) OF THIS SUBDIVISION SHALL BE AVAILABLE TO ALL  RETIRED  HUDSON
RIVER  PILOTS WHO RETIRED PRIOR TO THE YEAR TWO THOUSAND AFTER THE FIRST
TWELVE MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.   THE  BENEFITS
DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE AVAILABLE TO ALL
RETIRED  HUDSON  RIVER  PILOTS AND PILOTS ON DISABILITY RETIREMENT AFTER
THE FIRST TWENTY-FOUR MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
  6. (A) A HUDSON RIVER PILOT ELIGIBLE FOR BENEFITS SET FORTH IN  SUBDI-
VISION  FIVE  OF  THIS  SECTION,  WHO  RETIRES, SHALL NOT BE ENTITLED TO
COMMENCE RECEIVING  BENEFITS  UNTIL  THE  COMMENCEMENT  OF  THE  BENEFIT
PAYMENT  PERIOD  NEXT  FOLLOWING THE DATE ON WHICH SUCH PILOT RETIRED OR
BECAME ELIGIBLE  FOR  DISABILITY  RETIREMENT  BENEFITS.  FOR  ACCOUNTING
PURPOSES,  THE  BENEFIT PAYMENT PERIODS SHALL CONSIST OF A FULL CALENDAR
QUARTER COMMENCING ON JANUARY FIRST, APRIL FIRST, JULY FIRST, AND  OCTO-
BER FIRST OF EACH YEAR, BUT THE FIRST PAYMENTS OF BENEFITS SHALL BE MADE
DURING THE MONTHS OF MARCH, JUNE, SEPTEMBER, AND DECEMBER.
  (B)  NO  ACTIVE  HUDSON  RIVER PILOT SHALL COMMENCE RECEIVING BENEFITS
UNTIL A PROPERLY COMPLETED RESIGNATION AS AN ACTIVE PILOT  SPECIFYING  A
PROPOSED  DATE OF RETIREMENT HAS BEEN SUBMITTED IN WRITING TO THE HUDSON
RIVER PILOTS EXECUTIVE COMMITTEE, OR SUCCESSOR THERETO, PRIOR TO  NOVEM-
BER  FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF THE
FOLLOWING JANUARY; PRIOR TO FEBRUARY FIRST, IF RETIREMENT IS  TO  BECOME
EFFECTIVE  ON  THE FIRST DAY OF THE FOLLOWING APRIL; PRIOR TO MAY FIRST,
IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF  THE  FOLLOWING
JULY;  AND,  PRIOR TO AUGUST FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE
ON THE FIRST DAY OF THE FOLLOWING OCTOBER.
  (C) FOR THE PURPOSE OF THE COMPUTATIONS DESCRIBED IN SUBDIVISION  FIVE
OF  THIS  SECTION,  SERVICE  BY  A PILOT OF MORE THAN SIX MONTHS OF SUCH
PILOT'S LAST CALENDAR YEAR AS AN ACTIVE PILOT SHALL BE CONSIDERED A FULL
CALENDAR YEAR.
  (D) IF A RETIRED HUDSON RIVER PILOT OR A HUDSON RIVER PILOT  RECEIVING
DISABILITY  RETIREMENT  BENEFITS  DIES  WITHOUT  A SURVIVING SPOUSE, THE

A. 7592                             5

BALANCE OF THE TARGET YEARLY PENSION BENEFIT FOR THE  REMAINDER  OF  THE
BENEFIT  PAYMENT  PERIOD SHALL BE PAID TO THE DECEASED PILOT'S ESTATE OR
DESIGNATED BENEFICIARY AFTER WHICH  ALL  RIGHTS  TO  BENEFITS  SHALL  BE
TERMINATED.
  7.  (A)  THE  SURVIVING  SPOUSE  OF  A HUDSON RIVER PILOT DESCRIBED IN
SUBDIVISION FIVE OF THIS SECTION WHO DIES WHILE IN ACTIVE SERVICE  SHALL
RECEIVE  A  TARGET  YEARLY PENSION BENEFIT EQUAL TO FIFTY PERCENT OF THE
AMOUNT WHICH SUCH DECEASED PILOT WOULD HAVE RECEIVED  UNDER  SUBDIVISION
FIVE  OF  THIS  SECTION  HAD RETIREMENT IMMEDIATELY PRECEDED THE DATE OF
DEATH, REDUCED AS PROVIDED IN  SUBDIVISION  NINE  OF  THIS  SECTION  AND
ADJUSTED AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION.
  (B)  WITH RESPECT TO HUDSON RIVER PILOTS DESCRIBED IN SUBDIVISION FIVE
OF THIS SECTION, THE SURVIVING SPOUSE OF A DECEASED RETIRED HUDSON RIVER
PILOT OR A DECEASED HUDSON RIVER PILOT RECEIVING  DISABILITY  RETIREMENT
BENEFITS  ON  THE  DATE  OF DEATH, SHALL RECEIVE A TARGET YEARLY BENEFIT
EQUAL TO THE DECEASED PILOT'S BENEFIT FOR THE REMAINDER OF  THE  BENEFIT
PAYMENT  PERIOD IN WHICH DEATH OCCURRED, AND THEREAFTER FIFTY PERCENT OF
THE AMOUNT RECEIVED BY THE DECEASED PILOT ON THE DATE OF DEATH,  REDUCED
AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION AND ADJUSTED AS PROVIDED
IN SUBDIVISION EIGHT OF THIS SECTION.
  (C)  UPON THE DEATH OF THE SURVIVING SPOUSE OF A DECEASED HUDSON RIVER
PILOT WHO WAS RECEIVING BENEFITS,  THE  BALANCE  OF  THE  TARGET  YEARLY
PENSION BENEFIT FOR THE REMAINDER OF THE BENEFIT PAYMENT PERIOD SHALL BE
PAID TO THE DECEASED SURVIVING SPOUSE'S ESTATE OR DESIGNATED BENEFICIARY
AFTER WHICH ALL RIGHTS TO BENEFITS SHALL TERMINATE.
  8.  THE HUDSON RIVER PILOTS SURCHARGE BOARD OR ANY COMMITTEE APPOINTED
THEREBY SHALL ADJUST THE BENEFITS DESCRIBED IN SUBDIVISION FIVE OF  THIS
SECTION  BY  NOT  MORE THAN ONE-HALF OF THE CUMULATIVE ADJUSTMENT IN THE
"CONSUMER  PRICE   INDEX-ALL   URBAN   CONSUMERS-(CPI-U)   N.Y.-NORTHERN
N.J.-LONG ISLAND, NY-NJ-CT-ALL ITEMS" ON THE EARLIER OF EACH THIRD ANNI-
VERSARY  OF  THE EFFECTIVE DATE OF THIS SUBDIVISION OR THE DATE ON WHICH
SUCH CONSUMER PRICE INDEX INCREASES BY AN INCREMENT OF MORE THAN  TWELVE
PERCENT  FROM  THE LEVEL IN EFFECT ON THE DATE (A) THIS SUBDIVISION TOOK
EFFECT, OR (B) OF ANY SUBSEQUENT ADJUSTMENT TO SUCH RATES. THESE ADJUST-
MENTS SHALL TAKE PLACE FOR A PERIOD OF FIFTEEN YEARS FROM THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION WITH RESPECT TO PILOTS DESCRIBED IN PARAGRAPH
(B) OF SUBDIVISION FIVE OF THIS SECTION AND  FOR  A  PERIOD  OF  FIFTEEN
YEARS  FROM  THE  DATE OF RETIREMENT WITH RESPECT TO PILOTS DESCRIBED IN
PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION.  ADJUSTMENTS  GRANTED
TO  RETIRED PILOTS OR THEIR SURVIVING SPOUSES RETIRED LESS THAN THE FULL
THREE YEAR INTERVAL BETWEEN  ADJUSTMENTS  SHALL  HAVE  SUCH  ADJUSTMENTS
PRO-RATED  TO  THE NUMBER OF MONTHS THEY HAVE BEEN RETIRED PRIOR TO SUCH
ADJUSTMENT. THE DETERMINATION BY THE SURCHARGE BOARD, OR  ANY  COMMITTEE
APPOINTED THEREBY, OF THE AMOUNT OF SUCH ADJUSTMENT SHALL BE FINAL.
  9.  IN  THE EVENT THAT IN ANY CALENDAR YEAR THE SURCHARGE DESCRIBED IN
SUBPARAGRAPH ONE-C OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS  SECTION
IS  SUBJECT  TO  THE LIMITATION SET FORTH IN SUCH SUBPARAGRAPH ONE-C THE
BENEFITS PAYABLE UNDER PARAGRAPHS (A) AND (B)  OF  SUBDIVISION  FIVE  OF
THIS  SECTION  AND  SUBDIVISION SEVEN OF THIS SECTION AND THE PORTION OF
THE SURCHARGE ALLOCABLE THERETO, SHALL BE REDUCED ON A  PRO-RATA  BASIS.
THE  HUDSON  RIVER PILOTS' SURCHARGE BOARD SHALL DETERMINE THE AMOUNT OF
SUCH REDUCTIONS WHICH DETERMINATIONS SHALL BE FINAL.
  10. PILOTS ELIGIBLE FOR BENEFITS AS PROVIDED  IN  THIS  SECTION  SHALL
HAVE NINETY DAYS TO CHOOSE TO ENROLL IN THE RETIREMENT BENEFIT DESCRIBED
IN  SUBDIVISION FIVE OF THIS SECTION COMMENCING FROM THE DATE THAT INDI-
VIDUAL BECOMES ELIGIBLE TO RECEIVE SUCH BENEFITS.  PILOTS  ELIGIBLE  FOR

A. 7592                             6

BENEFITS  AS PROVIDED IN THIS SECTION WHO RETIRE FROM ACTIVE SERVICE AND
CHOOSE TO ENROLL IN THE RETIREMENT BENEFIT DESCRIBED IN SUBDIVISION FIVE
OF THIS SECTION SHALL NOT BE ELIGIBLE TO RECEIVE  ANY  OTHER  RETIREMENT
BENEFIT  FROM  THE  HUDSON  RIVER  PILOTS  ASSOCIATION.  THE DECISION TO
ENROLL, OR DECLINE TO ENROLL, IN THE  BENEFIT  PROVIDED  IN  SUBDIVISION
FIVE  OF  THIS  SECTION  SHALL BE IRREVOCABLE AFTER NINETY DAYS FROM THE
DATE THAT INDIVIDUAL SHALL BECOME ELIGIBLE TO RECEIVE SUCH BENEFIT.
  11. A "HUDSON RIVER PILOT" FOR THE PURPOSES OF THIS SECTION IS DEFINED
AS AN INDIVIDUAL HOLDING A LICENSE TO ACT AS HUDSON RIVER PILOT FOR  THE
WATERS OF THE HUDSON RIVER NORTH OF A LINE RUNNING FROM THE FOOT OF MAIN
STREET  IN  YONKERS  TO ALPINE, NEW JERSEY AND SOUTH OF THE DAM AT TROY,
ISSUED BY THE BOARD OF COMMISSIONERS OF PILOTS OF THE STATE OF NEW YORK.
A "RETIRED HUDSON RIVER PILOT" FOR THE PURPOSES OF  THIS  SECTION  IS  A
PILOT WHO RETIRED FROM ACTIVE SERVICE IN THE HUDSON RIVER PILOTS ASSOCI-
ATION.  A "HUDSON RIVER PILOT ON DISABILITY RETIREMENT" FOR THE PURPOSES
OF THIS SECTION IS DEFINED AS A PILOT WHO BECAME DISABLED BY ACCIDENT OR
SICKNESS, AND WAS CERTIFIED AS DISABLED BY A  PHYSICIAN  CHOSEN  BY  THE
HUDSON RIVER PILOTS ASSOCIATION, AFTER A MINIMUM OF TWENTY-FIVE YEARS OF
SERVICE IN THE HUDSON RIVER PILOTS ASSOCIATION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.