senate Bill S5782

2013-2014 Legislative Session

Creates the Hudson River pilots surcharge board

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to transportation
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.849
Apr 30, 2014 reported and committed to finance
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
Jun 14, 2013 referred to cultural affairs, tourism, parks and recreation

Votes

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May 20, 2014 - Finance committee Vote

S5782
29
0
committee
29
Aye
0
Nay
8
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 30, 2014 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S5782
9
0
committee
9
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Apr 30, 2014

aye wr (3)

Co-Sponsors

S5782 - Bill Details

See Assembly Version of this Bill:
A7912
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Amd §89-a, Nav L

S5782 - Bill Texts

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Creates the Hudson River pilots surcharge board; provides that the board shall determine the rate of surcharge to be applied and benefits provided to Hudson River pilots.

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BILL NUMBER:S5782

TITLE OF BILL: An act to amend the navigation law, in relation to the
creation of a Hudson River pilots surcharge board

PURPOSE: To establish a surcharge on vessels piloted by the Hudson
River Pilots for the purpose of creating a pension fund for retired
Hudson River Pilots.

SUMMARY OF PROVISIONS:

Section two of the bill amends the Navigation Law § 89-a (4) (b) (1)
to add a new subdivision (ii) to establish a surcharge on every
foreign and American vessel under navigating the waters of the Hudson
River including Section 1 (Lower River - Yonkers to all ports through
Hyde Park) and Section 2 (Upper River - Yonkers to all ports beyond
Hyde Park through Albany or Troy). The charges will increase to a
stated amount every twelve months for four years.

Section three is amended to create a Hudson River pilots surcharge
board to determine the rate of the surcharge that will be levied in
addition to the base surcharge in order to fund the retirement
benefits for Hudson River pilots on a sound actuarial basis. The
additional surcharge will be raised to a set amount every twelve
months until sixty months have passed, at which point the Hudson River
pilots surcharge board will determine its amount using actuarial
principles and not allowing it to exceed 35 percent of the sum of base
pilotage charges or $5,000 in a calendar year. Retirement benefits
accumulating from the additional surcharge will pay a yearly
retirement benefit to currently active Hudson River pilots, retired
Hudson River pilots, and eligible surviving spouses of retired pilots.

JUSTIFICATION: Currently, pensions of retired Hudson River Pilots are
financed out of annual revenues and determined by active pilot
earnings. This current pension system creates an unfunded pension
liability. This legislation is intended to correct the unfunded
liability and replace it with an actuarially sound system. Sandy Hook
Pilots already have legislation in place that has successfully
accomplished a strengthening of their pension system. With a shortage
of pilots on the Hudson River, a stronger pension may reward and
encourage those who put the effort into becoming pilots.

The current pilotage tariff will continue to cover all operational
expenses and distribution to active pilots. This bill does not grant
an increase in earnings to active pilots. The legislation will
establish a pension surcharge to be determined by the Hudson River
pilots surcharge board. The surcharge will be monitored quarterly by
the Surcharge Board and adjusted as necessary to cover the pensions of
retired pilots.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.


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

                                  5782

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

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 (a) of subdivision 4 of section 89-a of the navi-
gation law, as added by chapter 197 of the laws of 1990, is  amended  to
read as follows:
  (a)  Every  foreign  vessel  and  every American vessel under register
navigating the waters of that portion of the Hudson river  specified  in
this  section  shall  be  subject  to BASE pilotage [fees, at the] rates
hereinafter specified in this subdivision:
  S 2. Subparagraph 1 of paragraph (b) of subdivision 4 of section  89-a
of the navigation law, as amended by chapter 392 of the laws of 2006, is
amended to read as follows:
  (1)  (I)  All  vessels of 100 pilotage units and over shall pay $12.17
per pilotage unit for Section 1, Lower  River;  Yonkers,  to  all  ports
through Hyde Park.
The following charges shall be applicable to Section 1, Lower River:

Up to 50 pilotage units ........................................ $852.97
More than 50 and up to 100 pilotage units ..................... $1217.00
All vessels of 100 pilotage units and over shall pay ............ $17.19
per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.

The following charges shall be applicable to Section 2, Upper River:
Up to 50 pilotage units ....................................... $1406.05
More than 50 and up to 100 pilotage units ..................... $1719.00

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10448-01-3

S. 5782                             2

A maximum charge of up to 500 pilotage units shall be applicable.
  (II)  TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT THE FOLLOWING
BASE PILOTAGE RATES SHALL BE APPLICABLE:
  ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.41 PER  PILO-
TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
PARK.
THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 1,
LOWER RIVER:

UP TO 50 PILOTAGE UNITS ........................................ $870.03
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1241.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS
SHALL BE APPLICABLE.
ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL  PAY  A  BASE  PILOTAGE
RATE OF .......................................................... 17.53
PER PILOTAGE UNIT FOR SECTION 2,
UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE
PARK THROUGH ALBANY OR TROY.
THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 2,
UPPER RIVER:
UP TO 50 PILOTAGE UNITS ....................................... $1434.17
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1753.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
  (III) TWENTY-FOUR MONTHS AFTER THE EFFECTIVE  DATE  OF  THIS  ACT  THE
FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE:
  ALL  VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.66 PER PILO-
TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
PARK.
THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  1,
LOWER RIVER:

UP TO 50 PILOTAGE UNIT$887.43 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS
$1266.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
ALL  VESSELS  OF  100  PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE
RATE OF ......................................................... $17.88
PER PILOTAGE UNIT FOR SECTION 2, UPPER  RIVER;  YONKERS,  TO  ALL  PORTS
BEYOND HYDE PARK THROUGH ALBANY OR TROY.
THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 2,
UPPER RIVER:
UP TO 50 PILOTAGE UNITS ....................................... $1462.85
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1788.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
  (IV) THIRTY-SIX MONTHS AFTER  THE  EFFECTIVE  DATE  OF  THIS  ACT  THE
FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE:
  ALL  VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.85 PER PILO-
TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
PARK.
THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  1,
LOWER RIVER:
UP TO 50 PILOTAGE UNITS ........................................ $900.74
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1285.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
ALL  VESSELS  OF  100  PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE
RATE OF ......................................................... $18.15

S. 5782                             3

PER PILOTAGE UNIT FOR SECTION 2, UPPER  RIVER;  YONKERS,  TO  ALL  PORTS
BEYOND HYDE PARK THROUGH ALBANY OR TROY.
THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 2,
UPPER RIVER:
UP TO 50 PILOTAGE UNITS ....................................... $1484.48
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1815.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
  (V) FORTY-EIGHT MONTHS AFTER  THE  EFFECTIVE  DATE  OF  THIS  ACT  THE
FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE:
  ALL  VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $13.07 PER PILO-
TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
PARK.
THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  1,
LOWER RIVER:
UP TO 50 PILOTAGE UNITS ........................................ $914.25
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1307.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
ALL  VESSELS  OF  100  PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE
RATE OF ......................................................... $18.42
PER PILOTAGE UNIT FOR SECTION 2, UPPER  RIVER;  YONKERS,  TO  ALL  PORTS
BEYOND HYDE PARK THROUGH ALBANY OR TROY.
THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 2,
UPPER RIVER:
UP TO 50 PILOTAGE UNITS ....................................... $1507.07
MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1842.00
A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
  S 3. Paragraph (b) of subdivision 4 of section 89-a of the  navigation
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 EIGHT 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 PILOTS 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
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 PILOTS SURCHARGE BOARD SHALL BE
SUBJECT TO SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.

S. 5782                             4

  (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 SHALL BE COMPUTED AS FOLLOWS:

PILOTAGE UNITS       SURCHARGE
0 TO 50              $113.00
51 TO 100            $138.00
OVER 100             $1.38 PER PILOT UNIT

DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARA-
GRAPH.
  THE  AMOUNT  OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA-
GRAPH SHALL BE COMPUTED AS FOLLOWS:

PILOTAGE UNITS       SURCHARGE
0 TO 50              $170.00
51 TO 100            $207.00
OVER 100             $2.07 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 SHALL BE COMPUTED AS FOLLOWS:

PILOTAGE UNITS       SURCHARGE
0 TO 50              $213.00
51 TO 100            $260.00
OVER 100             $2.60 PER PILOT UNIT

DURING THE PERIOD BEGINNING WITH THE TWENTY-FIFTH MONTH AND ENDING  WITH
THE THIRTY-SIXTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
  THE  AMOUNT  OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA-
GRAPH SHALL BE COMPUTED AS FOLLOWS:
PILOTAGE UNITS      SURCHARGE
0-50                $250.00
51-100              $305.00
OVER 100            $  3.05 PER PILOT UNIT
DURING THE PERIOD BEGINNING WITH THE  THIRTY-SEVENTH  MONTH  AND  ENDING
WITH  THE  FORTY-EIGHTH  MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARA-
GRAPH.
  THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF  THIS  SUBPARA-
GRAPH SHALL BE COMPUTED AS FOLLOWS:
PILOTAGE UNITS      SURCHARGE
0-50                $280.00
51-100              $341.00
OVER 100            $  3.41 PER PILOT UNIT
DURING  THE  PERIOD BEGINNING WITH THE FORTY-NINTH MONTH AND ENDING WITH
THE SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.

S. 5782                             5

  (III) FOLLOWING THE SIXTIETH 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  PARA-
GRAPH FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE PARK
THROUGH  ALBANY OR TROY, AS AMENDED; OR FIVE HUNDRED THOUSAND DOLLARS IN
ANY CALENDAR YEAR.  THE SURCHARGE MAY BE ADJUSTED BY THE SURCHARGE BOARD
FROM THE EFFECTIVE DATE OF THIS SUBPARAGRAPH AS NEEDED  BASED  ON  SOUND
ACTUARIAL PRINCIPLES.
  (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
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
RETIREMENT BENEFIT TO (I) HUDSON RIVER PILOTS ACTIVE ON THE  DATE  PILO-
TAGE  RATES  ARE  COMPUTED PURSUANT TO THIS SUBPARAGRAPH AND THEREAFTER,
UPON RETIREMENT ON OR AFTER THE AGE OF SIXTY; (II) RETIRED HUDSON  RIVER
PILOTS  OR  HUDSON RIVER PILOTS RECEIVING BENEFITS ON THE EFFECTIVE DATE
OF THIS SECTION; AND (III) TO  ELIGIBLE  SURVIVING  SPOUSES  OF  RETIRED
PILOTS.
  (B)  HUDSON  RIVER  PILOTS  WHO ARE ALSO SANDY HOOK PILOTS ELIGIBLE TO
RECEIVE A FULL BRANCH RETIREMENT BENEFIT 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.   ANY  FUNDS
GENERATED  BY  THE  SURCHARGE IMPOSED BY CLAUSE (I) OF THIS SUBPARAGRAPH
WHICH EXCEED THE FUNDS DEEMED SUFFICIENT TO  PROVIDE  THE  BENEFITS  SET
FORTH  IN  ITEMS  (I) AND (III) OF SUBCLAUSE (A) OF THIS CLAUSE SHALL BE
USED TO DEFRAY THE RETIREMENT BENEFITS SET FORTH IN THIS SUBCLAUSE.
  (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 4. Section 89-a of the navigation law is amended by adding five  new
subdivisions 5, 6, 7, 8 and 9 to read as follows:
  5. EACH HUDSON RIVER PILOT WHO ENTERED SERVICE AFTER TWO THOUSAND FIVE
AS  A  HUDSON RIVER PILOT SHALL PARTICIPATE IN SUCH QUALIFIED RETIREMENT
PROGRAM AS ADOPTED BY EACH SUCH PILOT AND FUNDED BY SUCH PORTION OF  THE
SURCHARGE ALLOCATED THERETO BY THE SURCHARGE BOARD TO PROVIDE A CONTRIB-
UTION  OF  AN  AMOUNT  EQUIVALENT TO TWELVE PERCENT OF THE EARNINGS FROM
SERVICE AS AN ACTIVE HUDSON RIVER PILOT BASED  UPON  THE  BASE  PILOTAGE
TARIFFS  SET  FORTH  IN THIS PARAGRAPH. SUCH AMOUNT SHALL BE TRANSFERRED
DIRECTLY BY THE AGENT TO  SUCH  PILOT'S  RETIREMENT  ACCOUNT,  IT  BEING

S. 5782                             6

UNDERSTOOD  THAT SUCH PILOT'S ENTIRE RETIREMENT BENEFIT WILL BE PROVIDED
SOLELY BY THE ACCOUNT BALANCE OF SUCH RETIREMENT ACCOUNT ON THE DATE  OF
RETIREMENT.  IN  ADDITION, SUCH SURCHARGE SHALL BE USED TO PURCHASE LIFE
AND  DISABILITY INSURANCE COVERAGE FROM AN INSURANCE COMPANY SELECTED BY
THE BOARD. SUCH DISABILITY INSURANCE SHALL PROVIDE A DISABILITY  BENEFIT
COMPUTED  AS A SINGLE LIFE ANNUITY, EQUAL TO FIFTY PERCENT OF THE AMOUNT
WHICH IS EQUAL TO SUCH PILOT'S EARNINGS FROM SERVICE AS AN ACTIVE HUDSON
RIVER PILOT BASED UPON THE BASE PILOTAGE TARIFFS SET FORTH IN THIS PARA-
GRAPH DURING THE LAST FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE  HUDSON
RIVER  PILOT  PRIOR  TO DISABILITY, UNTIL THE AGE OF SIXTY. IN THE EVENT
SUCH DISABILITY INSURANCE IS UNAVAILABLE, EACH SUCH PILOT  ELIGIBLE  FOR
SICK  RETIREMENT  BENEFITS SHALL RECEIVE, A YEARLY BENEFIT COMPUTED AS A
SINGLE LIFE ANNUITY EQUAL TO THE SUM OF TEN PERCENT OF THE AMOUNT  WHICH
IS  EQUAL  TO  THE EARNINGS FROM SERVICE AS AN ACTIVE HUDSON RIVER PILOT
BASED UPON THE PILOTAGE TARIFFS SET FORTH IN THIS PARAGRAPH  DURING  THE
LAST FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE HUDSON RIVER PILOT PRIOR
TO  DISABILITY  AND  ONE AND SIX-TENTHS PERCENT FOR EACH YEAR OF SERVICE
AFTER THE FIRST YEAR TO A MAXIMUM OF FIFTY PERCENT OF THE  AMOUNT  WHICH
IS  EQUAL  TO  THE EARNINGS FROM SERVICE AS AN ACTIVE HUDSON RIVER PILOT
BASED UPON THE BASE PILOTAGE TARIFFS SET FORTH IN THIS PARAGRAPH  DURING
THE  LAST  FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE HUDSON RIVER PILOT
PRIOR TO DISABILITY, UNTIL THE AGE OF SIXTY.
  6. HUDSON RIVER  PILOTS  WHO  RETIRED  BEFORE  NINETEEN  EIGHTY  SHALL
RECEIVE  AN ANNUAL RETIREMENT BENEFIT IN THE AMOUNT OF THIRTY-FOUR THOU-
SAND NINE HUNDRED NINETY-FIVE DOLLARS; THOSE WHO RETIRED  FROM  NINETEEN
EIGHTY-ONE  THROUGH  NINETEEN  NINETY SHALL RECEIVE AN ANNUAL RETIREMENT
BENEFIT IN THE AMOUNT OF THIRTY-NINE THOUSAND NINE  HUNDRED  NINETY-FIVE
DOLLARS;  THOSE WHO RETIRED FROM NINETEEN HUNDRED NINETY-ONE THROUGH TWO
THOUSAND SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT  IN  THE  AMOUNT  OF
FORTY-FOUR  THOUSAND NINE HUNDRED NINETY-FOUR DOLLARS; THOSE WHO RETIRED
IN TWO THOUSAND ONE SHALL RECEIVE AN ANNUAL RETIREMENT  BENEFIT  IN  THE
AMOUNT  OF  FIFTY-EIGHT  THOUSAND FOUR HUNDRED NINETY-TWO DOLLARS; THOSE
WHO RETIRED IN TWO THOUSAND EIGHT SHALL  RECEIVE  AN  ANNUAL  RETIREMENT
BENEFIT  IN  THE  AMOUNT  OF FIFTY-NINE THOUSAND NINE HUNDRED NINETY-TWO
DOLLARS; THOSE WHO RETIRED IN TWO THOUSAND TEN SHALL RECEIVE  AN  ANNUAL
RETIREMENT  BENEFIT  IN  THE  AMOUNT OF FORTY-NINE THOUSAND NINE HUNDRED
NINETY-THREE DOLLARS; AN ACTIVE HUDSON RIVER PILOT  WHO  RETIRES  BEFORE
TWO  THOUSAND  SIXTEEN  AND  HAS BEEN A HUDSON RIVER PILOT FOR THIRTY OR
MORE YEARS AND HAS REACHED THE AGE OF SIXTY-FIVE SHALL RECEIVE AN ANNUAL
RETIREMENT BENEFIT EQUAL TO SIXTY PERCENT OF THE HIGHEST ANNUAL EARNINGS
IN THE LAST THREE YEARS OF SERVICE AS A FULL BRANCH PILOT.
  7. (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

S. 5782                             7

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 DIES WITHOUT A SURVIVING SPOUSE,
THE BALANCE OF THE YEARLY PENSION BENEFIT FOR THE REMAINDER OF THE BENE-
FIT PAYMENT PERIOD SHALL BE PAID  TO  THE  DECEASED  PILOT'S  ESTATE  OR
DESIGNATED  BENEFICIARY  AFTER  WHICH  ALL  RIGHTS  TO BENEFITS SHALL BE
TERMINATED.
  8. (A) THE ELIGIBLE SURVIVING SPOUSE OF A HUDSON RIVER PILOT DESCRIBED
IN SUBDIVISION FIVE OF THIS SECTION WHO DIES  WHILE  IN  ACTIVE  SERVICE
SHALL  RECEIVE  A  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.
  (B) WITH RESPECT TO HUDSON RIVER PILOTS DESCRIBED IN SUBDIVISION  FIVE
OF  THIS  SECTION,  THE  ELIGIBLE SURVIVING SPOUSE OF A DECEASED RETIRED
HUDSON RIVER PILOT RECEIVING RETIREMENT BENEFITS ON THE DATE  OF  DEATH,
SHALL RECEIVE A 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.
  (C)  UPON  THE  DEATH  OF  THE ELIGIBLE SURVIVING SPOUSE OF A DECEASED
HUDSON RIVER PILOT WHO WAS RECEIVING BENEFITS, THE BALANCE OF THE 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.
  9. 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.  AN "ELIGIBLE SURVIVING SPOUSE" FOR THE PURPOSES OF THIS  SECTION
IS  DEFINED  AS  A  SPOUSE OF A DECEASED PILOT MARRIED AT LEAST ONE YEAR
PRIOR TO THE DATE OF DEATH OF THE DECEASED PILOT.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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