Relates to the establishment of a twenty-two and one-half year retirement program for emergency medical technicians
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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 20, 2024 |
referred to governmental employees |
Relates to the establishment of a twenty-two and one-half year retirement program for members of the New York city employees' retirement system employed as emergency medical technicians and advanced emergency medical technicians and to the establishment of such program for such members who are subject to articles 11 and 15 of the retirement and social security law.
S T A T E O F N E W Y O R K
________________________________________________________________________
10581
I N A S S E M B L Y
June 20, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Pheffer Amato) -- read once and referred to the Committee on Govern-
mental Employees
AN ACT to amend the administrative code of the city of New York, in
relation to the establishment of a twenty-two and one-half year
retirement program for members of the New York city employees' retire-
ment system employed as emergency medical technicians and advanced
emergency medical technicians; and to amend the retirement and social
security law, in relation to the establishment of twenty-two and one-
half year retirement programs for such members who are subject to
articles 11 and 15 of such law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 13-157.5 to read as follows:
§ 13-157.5 TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM FOR EMT
MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES AS USED IN
THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS A DIFFERENT MEAN-
ING IS PLAINLY REQUIRED BY THE CONTEXT.
1. "EMT MEMBER" SHALL MEAN (I) 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, AND (II) A MEMBER OF THE RETIREMENT SYSTEM WHO, ON THE EFFECTIVE
DATE OF THIS SECTION OR THEREAFTER, WAS 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 AND WHO, SUBSEQUENT THERETO,
BECAME EMPLOYED BY THE CITY OF NEW YORK OR BY THE NEW YORK CITY HEALTH
AND HOSPITALS CORPORATION IN A TITLE WHOSE DUTIES REQUIRE THE SUPER-
VISION OF EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECH-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14122-06-4
A. 10581 2
NICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN, AS THOSE TERMS ARE
DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW.
2. "TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM" SHALL MEAN ALL
THE TERMS AND CONDITIONS OF THIS SECTION.
3. "STARTING DATE OF THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM" SHALL MEAN THE EFFECTIVE DATE OF THIS SECTION, AS SUCH DATE IS
CERTIFIED PURSUANT TO SECTION FORTY-ONE OF THE LEGISLATIVE LAW.
4. "PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF 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-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM AS APPLICABLE TO SUCH MEMBER.
5. "DISCONTINUED MEMBER" SHALL MEAN A PARTICIPANT IN THE TWENTY-TWO
ONE-HALF YEAR RETIREMENT PROGRAM WHO, WHILE THEY WERE 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. "CREDITABLE CITY SERVICE" FOR PURPOSES OF THIS SECTION SHALL MEAN
(I) ALL SERVICE WHILE 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; AND (II) WITH RESPECT TO AN INDIVIDUAL WHO WAS
EMPLOYED ON THE EFFECTIVE DATE OF THIS SECTION 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, ALL SUCH SERVICE SUBSEQUENT THERETO 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; AND (III) 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 TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM.
1. SUBJECT TO THE PROVISIONS OF PARAGRAPHS FIVE AND SIX OF THIS SUBDIVI-
SION, ANY PERSON WHO IS AN EMT MEMBER ON THE STARTING DATE OF THE TWEN-
TY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM MAY ELECT TO BECOME A
PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM BY
FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE STARTING DATE OF THE
TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM, A DULY EXECUTED APPLI-
CATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM OF WHICH SUCH
PERSON IS A MEMBER, PROVIDED SUCH PERSON IS SUCH AN EMT MEMBER ON THE
DATE SUCH APPLICATION IS FILED.
2. SUBJECT TO THE PROVISIONS OF PARAGRAPHS FIVE AND SIX OF THIS SUBDI-
VISION, ANY PERSON WHO BECOMES AN EMT MEMBER AFTER THE STARTING DATE OF
THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM MAY ELECT TO BECOME
A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF 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 SUCH PERSON
IS SUCH AN EMT MEMBER ON THE DATE SUCH APPLICATION IS FILED.
3. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR RETIREMENT PROGRAM SHALL BE IRREVOCABLE.
4. WHERE ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIRE-
MENT PROGRAM SHALL CEASE TO BE EMPLOYED AS AN EMT MEMBER, THEY SHALL
CEASE TO BE SUCH A PARTICIPANT AND, DURING ANY PERIOD IN WHICH SUCH
PERSON IS NOT SO EMPLOYED, THEY SHALL NOT BE A PARTICIPANT IN THE TWEN-
A. 10581 3
TY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM AND SHALL NOT BE ELIGIBLE
FOR THE BENEFITS OF SUBDIVISION C OF THIS SECTION.
5. WHERE ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIRE-
MENT PROGRAM TERMINATES SERVICE AS AN EMT MEMBER AND RETURNS TO SUCH
SERVICE AS AN EMT MEMBER AT A LATER DATE, THEY 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-TWO AND
ONE-HALF 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-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM:
(I) WHO HAS COMPLETED TWENTY-TWO AND ONE-HALF OR MORE YEARS OF CREDIT-
ABLE CITY SERVICE; AND
(II) WHO FILES WITH THE RETIREMENT SYSTEM AN APPLICATION FOR SERVICE
RETIREMENT SETTING FORTH AT WHAT TIME, NOT LESS THAN THIRTY DAYS SUBSE-
QUENT TO THE EXECUTION AND FILING THEREOF, SUCH PARTICIPANT DESIRES TO
BE RETIRED; AND
(III) WHO SHALL BE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR
RETIREMENT PROGRAM AT THE TIME SO SPECIFIED FOR SUCH PARTICIPANT'S
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-TWO AND
ONE-HALF 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 SUMS OF (A) AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIV-
ALENT OF THE ACCUMULATED DEDUCTIONS FROM SUCH PARTICIPANT'S 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 SUCH PARTICIPANT 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
THEIR RETIREMENT; PLUS
(II) AN AMOUNT FOR EACH ADDITIONAL YEAR OF CREDITABLE CITY SERVICE, OR
FRACTION THEREOF, BEYOND SUCH REQUIRED MINIMUM PERIOD OF SERVICE EQUAL
TO ONE AND SEVEN-TENTHS PERCENT OF THE FINAL AVERAGE SALARY FOR SUCH
CREDITABLE SERVICE DURING THE PERIOD FROM THE COMPLETION OF TWENTY-TWO
AND ONE-HALF YEARS OF CREDITABLE CITY SERVICE TO THE DATE OF RETIREMENT.
D. VESTING. 1. A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF 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 TWEN-
TY-TWO YEARS OF CREDITABLE CITY SERVICE; AND
(III) DOES NOT WITHDRAW IN WHOLE OR IN PART SUCH PARTICIPANT'S ACCUMU-
LATED MEMBER CONTRIBUTIONS PURSUANT TO SECTION 13-141 OF THIS CHAPTER,
SHALL BE ENTITLED TO RECEIVE A DEFERRED VESTED BENEFIT AS PROVIDED IN
THIS SUBDIVISION.
A. 10581 4
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
SUCH MEMBER'S DISCONTINUANCE, MULTIPLIED BY THE NUMBER OF YEARS OF CRED-
ITABLE CITY SERVICE.
E. MEMBER CONTRIBUTIONS. 1. ALL EMT MEMBERS OF THE TWENTY-TWO AND
ONE-HALF 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 CONTRIBUTION AND ADDITIONAL MEMBER CONTRIBUTIONS
REQUIRED BY SUBDIVISION D OF SECTION FOUR HUNDRED FORTY-FIVE-E OF THE
RETIREMENT AND SOCIAL SECURITY LAW.
2. FOR THE PURPOSE OF APPLYING UNDER THIS SUBDIVISION, SUCH SUBDIVI-
SION D OF SECTION FOUR HUNDRED FORTY-FIVE-E OF THE RETIREMENT AND SOCIAL
SECURITY LAW TO AN EMT MEMBER OF THE TWENTY-TWO AND ONE-HALF 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 SUBDI-
VISION, SHALL BE DEEMED TO MEAN CREDITABLE CITY SERVICE.
F. COST-OF-LIVING ADJUSTMENTS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PERSON WHO RETIRES WITH A RETIREMENT BENEFIT
PROVIDED FOR IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT BE ENTITLED TO THE
COST-OF-LIVING ADJUSTMENTS PROVIDED PURSUANT TO SECTION 13-696 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
§ 2. Subdivision a of section 444 of the retirement and social securi-
ty law, as amended by section 141 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
a. Except as provided in subdivision c of section four hundred forty-
five-a of this article, subdivision c of section four hundred forty-
five-b of this article, subdivision c of section four hundred forty-
five-c of this article, subdivision c of section four hundred
forty-five-d of this article as added by chapter four hundred seventy-
two of the laws of nineteen hundred ninety-five, subdivision c of
section four hundred forty-five-e of this article, subdivision c of
section four hundred forty-five-f of this article [and], subdivision c
of section four hundred forty-five-h of this article, AND SUBDIVISION C
OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THIS ARTICLE, the maximum
retirement benefit computed without optional modification provided to a
member of a retirement system who is subject to the provisions of this
article, other than a police officer, a firefighter, an investigator
member of the New York city employees' retirement system, a member of
the uniformed personnel in institutions under the jurisdiction of the
New York city department of correction who receives a performance of
duty disability retirement allowance, a member of the uniformed person-
nel in institutions under the jurisdiction of the department of
corrections and community supervision or a security hospital treatment
assistant, as those terms are defined in subdivision i of section eight-
y-nine of this chapter, who receives a performance of duty disability
retirement allowance, a member of a teachers' retirement system, New
A. 10581 5
York city employees' retirement system, New York city board of education
retirement system or a member of the New York state and local employees'
retirement system or a member of the New York city employees' retirement
system or New York city board of education retirement system employed as
a special officer, parking control specialist, school safety agent,
campus peace officer, taxi and limousine inspector or a police communi-
cations member and who receives a performance of duty disability
pension, from funds other than those based on a member's own or
increased-take-home-pay contributions, shall, before any reduction for
early retirement, be sixty per centum of the first fifteen thousand
three hundred dollars of final average salary, and fifty per centum of
final average salary in excess of fifteen thousand three hundred
dollars, and forty per centum of final average salary in excess of twen-
ty-seven thousand three hundred dollars, provided, however, that the
benefits provided by subdivision c of section four hundred forty-five-d
of this article as added by chapter four hundred seventy-two of the laws
of nineteen hundred ninety-five based upon the additional member
contributions required by subdivision d of such section four hundred
forty-five-d shall be subject to the maximum retirement benefit computa-
tions set forth in this section. The maximum retirement benefit computed
without optional modification payable to a police officer, an investi-
gator member of the New York city employees' retirement system or a
firefighter shall equal that payable upon completion of thirty years of
service, except that the maximum service retirement benefit computed
without optional modification shall equal that payable upon completion
of thirty-two years of service.
§ 3. Subdivision a of section 445 of the retirement and social securi-
ty law, as amended by chapter 714 of the laws of 2023, is amended to
read as follows:
a. No member of a retirement system who is subject to the provisions
of this article shall retire without regard to age, exclusive of retire-
ment for disability, unless [he or she] SUCH MEMBER is a police officer,
an investigator member of the New York city employees' retirement
system, firefighter, correction officer, a qualifying member as defined
in section eighty-nine-t, as added by chapter six hundred fifty-seven of
the laws of nineteen hundred ninety-eight, of this chapter, sanitation
worker, a special officer (including persons employed by the city of New
York in the title urban park ranger or associate urban park ranger),
school safety agent, campus peace officer or a taxi and limousine
commission inspector member of the New York city employees' retirement
system or the New York city board of education retirement system, a
dispatcher member of the New York city employees' retirement system, a
police communications member of the New York city employees' retirement
system, an EMT member of the New York city employees' retirement system,
a deputy sheriff member of the New York city employees' retirement
system, a correction officer of the Westchester county correction
department as defined in section eighty-nine-e of this chapter or
employed in Suffolk county as a peace officer, as defined in section
eighty-nine-s, as added by chapter five hundred eighty-eight of the laws
of nineteen hundred ninety-seven, of this chapter, employed in Suffolk
county as a correction officer, as defined in section eighty-nine-f of
this chapter, or employed in Nassau county as a correction officer,
uniformed correction division personnel, sheriff, undersheriff or deputy
sheriff, as defined in section eighty-nine-g of this chapter, or
employed in Nassau county as an ambulance medical technician, an ambu-
lance medical technician/supervisor or a member who performs ambulance
A. 10581 6
medical technician related services, or a police medic, police medic
supervisor or a member who performs police medic related services, as
defined in section eighty-nine-s, as amended by chapter five hundred
seventy-eight of the laws of nineteen hundred ninety-eight, of this
chapter, or employed in Nassau county as a peace officer, as defined in
section eighty-nine-s, as added by chapter five hundred ninety-five of
the laws of nineteen hundred ninety-seven, of this chapter, or employed
in Albany county as a sheriff, undersheriff, deputy sheriff, correction
officer or identification officer, as defined in section eighty-nine-h
of this chapter or is employed in St. Lawrence county as a sheriff,
undersheriff, deputy sheriff or correction officer, as defined in
section eighty-nine-i of this chapter or is employed in Orleans county
as a sheriff, undersheriff, deputy sheriff or correction officer, as
defined in section eighty-nine-l of this chapter or is employed in
Jefferson county as a sheriff, undersheriff, deputy sheriff or
correction officer, as defined in section eighty-nine-j of this chapter
or is employed in Onondaga county as a deputy sheriff-jail division
competitively appointed or as a correction officer, as defined in
section eighty-nine-k of this chapter or is employed in a county which
makes an election under subdivision j of section eighty-nine-p of this
chapter as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in such section eighty-nine-p or is employed in Broome County
as a sheriff, undersheriff, deputy sheriff or correction officer, as
defined in section eighty-nine-m of this chapter or is a Monroe county
deputy sheriff-court security, or deputy sheriff-jailor as defined in
section eighty-nine-n, as added by chapter five hundred ninety-seven of
the laws of nineteen hundred ninety-one, of this chapter or is employed
in Greene county as a sheriff, undersheriff, deputy sheriff or
correction officer, as defined in section eighty-nine-o of this chapter
or is a traffic officer with the town of Elmira as defined in section
eighty-nine-q of this chapter or is employed by Suffolk county as a park
police officer, as defined in section eighty-nine-r of this chapter or
is a peace officer employed by a county probation department as defined
in section eighty-nine-t, as added by chapter six hundred three of the
laws of nineteen hundred ninety-eight, of this chapter or is employed in
Rockland county as a deputy sheriff-civil as defined in section eighty-
nine-v of this chapter as added by chapter four hundred forty-one of the
laws of two thousand one, or is employed in Rockland county as a superi-
or correction officer as defined in section eighty-nine-v of this chap-
ter as added by chapter five hundred fifty-six of the laws of two thou-
sand one or is a paramedic employed by the police department in the town
of Tonawanda and retires under the provisions of section eighty-nine-v
of this chapter, as added by chapter four hundred seventy-two of the
laws of two thousand one, or is a county fire marshal, supervising fire
marshal, fire marshal, assistant fire marshal, assistant chief fire
marshal, chief fire marshal, division supervising fire marshal or fire
marshal trainee employed by the county of Nassau as defined in section
eighty-nine-w of this chapter or is employed in Monroe county as a depu-
ty sheriff-civil as defined in section eighty-nine-x of this chapter,
employed as an emergency medical technician, critical care technician,
advanced emergency medical technician, paramedic or supervisor of such
titles in a participating Suffolk county fire district as defined in
section eighty-nine-ss of this chapter, and is in a plan which permits
immediate retirement upon completion of a specified period of service
without regard to age. Except as provided in subdivision c of section
four hundred forty-five-a of this article, subdivision c of section four
A. 10581 7
hundred forty-five-b of this article, subdivision c of section four
hundred forty-five-c of this article, subdivision c of section four
hundred forty-five-d of this article, subdivision c of section four
hundred forty-five-e of this article, subdivision c of section four
hundred forty-five-f of this article [and], subdivision c of section
four hundred forty-five-h of this article, AND SUBDIVISION C OF SECTION
FOUR HUNDRED FORTY-FIVE-J OF THIS ARTICLE, a member in such a plan and
such an occupation, other than a police officer or investigator member
of the New York city employees' retirement system or a firefighter,
shall not be permitted to retire prior to the completion of twenty-five
years of credited service; provided, however, if such a member in such
an occupation is in a plan which permits retirement upon completion of
twenty years of service regardless of age, [he or she] SUCH MEMBER may
retire upon completion of twenty years of credited service and prior to
the completion of twenty-five years of service, but in such event the
benefit provided from funds other than those based on such a member's
own contributions shall not exceed two per centum of final average sala-
ry per each year of credited service.
§ 4. The retirement and social security law is amended by adding a new
section 445-j to read as follows:
§ 445-J. OPTIONAL TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM FOR EMT MEMBERS. 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. "RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK CITY EMPLOYEES' RETIRE-
MENT SYSTEM.
2. "EMT MEMBER" SHALL MEAN A MEMBER OF THE RETIREMENT SYSTEM WHO IS
SUBJECT TO THE PROVISIONS OF THIS ARTICLE, 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.
3. "TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM"
SHALL MEAN ALL THE TERMS AND CONDITIONS OF THIS SECTION.
4. "STARTING DATE OF THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM" SHALL MEAN THE EFFECTIVE DATE OF THIS SECTION.
5. "PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT
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 TWEN-
TY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM, AS APPLI-
CABLE TO SUCH MEMBER.
6. "ADMINISTRATIVE CODE" SHALL MEAN THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
7. "ACCUMULATED DEDUCTIONS" SHALL MEAN ACCUMULATED DEDUCTIONS AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION 13-101 OF THE ADMINISTRATIVE
CODE.
8. "OPTIONAL RETIREMENT PROVISIONS" SHALL MEAN THE RIGHT TO RETIRE AND
RECEIVE A RETIREMENT ALLOWANCE UNDER THIS SECTION UPON THE COMPLETION OF
TWENTY-TWO AND ONE-HALF YEARS OF CREDITABLE SERVICE AS AN EMT MEMBER.
9. "CREDITABLE 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
A. 10581 8
YORK OR BY THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION IN THE
TITLE MOTOR VEHICLE OPERATOR.
B. ELECTION OF TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIRE-
MENT 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-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT
PROGRAM MAY ELECT TO BECOME A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR IMPROVED BENEFIT RETIREMENT PROGRAM BY FILING, WITHIN ONE HUNDRED
EIGHTY DAYS AFTER SUCH STARTING DATE, A DULY EXECUTED APPLICATION FOR
SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM, PROVIDED SUCH PERSON IS
SUCH AN EMT MEMBER ON THE DATE SUCH APPLICATION IS FILED.
2. SUBJECT TO THE PROVISION OF PARAGRAPHS FIVE AND SIX OF THIS SUBDI-
VISION, ANY PERSON WHO BECOMES AN EMT MEMBER AFTER THE STARTING DATE OF
THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM MAY
ELECT TO BECOME A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR
IMPROVED BENEFIT 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, PROVIDED SUCH PERSON IS
SUCH AN EMT MEMBER ON THE DATE SUCH APPLICATION IS FILED.
3. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR IMPROVED BENEFIT RETIREMENT PROGRAM SHALL BE IRREVOCABLE.
4. WHERE ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED
BENEFIT RETIREMENT PROGRAM SHALL CEASE TO HOLD A POSITION AS AN EMT
MEMBER, THEY SHALL CEASE TO BE SUCH A PARTICIPANT AND, DURING ANY PERIOD
IN WHICH SUCH A PERSON DOES NOT HOLD SUCH AN EMT POSITION, THEY SHALL
NOT BE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENE-
FIT RETIREMENT PROGRAM AND SHALL NOT BE ELIGIBLE FOR THE BENEFITS OF
SUBDIVISION C OF THIS SECTION.
5. WHERE ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED
BENEFIT RETIREMENT PROGRAM TERMINATES SERVICE AS AN EMT MEMBER AND
RETURNS TO SUCH SERVICE AS AN EMT MEMBER AT A LATER DATE, THEY 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-TWO AND
ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM PURSUANT TO PARAGRAPH
ONE OR TWO OF THIS SUBDIVISION FOR THE FULL ONE HUNDRED EIGHTY DAY PERI-
OD PROVIDED FOR IN SUCH APPLICABLE PARAGRAPH AND WHO FAILS TO TIMELY
FILE A DULY EXECUTED APPLICATION FOR SUCH PARTICIPATION WITH THE RETIRE-
MENT SYSTEM, SHALL NOT THEREAFTER BE ELIGIBLE TO BECOME A PARTICIPANT IN
SUCH PROGRAM.
C. SERVICE RETIREMENT BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, WHERE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR IMPROVED BENEFIT RETIREMENT PROGRAM, WHO IS OTHERWISE QUALIFIED FOR
A RETIREMENT ALLOWANCE PURSUANT TO THE OPTIONAL RETIREMENT PROVISION SET
FORTH IN SUBDIVISION A OF THIS SECTION, HAS MADE AND/OR PAID, WHILE SUCH
PARTICIPANT IS AN EMT MEMBER, ALL ADDITIONAL MEMBER CONTRIBUTIONS AND
INTEREST, IF ANY, REQUIRED BY SUBDIVISION D OF THIS SECTION, THEN:
1. THAT PARTICIPANT, WHILE THEY REMAIN A PARTICIPANT, SHALL NOT BE
SUBJECT TO THE PROVISIONS OF SUBDIVISION A OF SECTION FOUR HUNDRED
FORTY-FIVE OF THIS ARTICLE; AND
2. IF THAT PARTICIPANT, WHILE SUCH A PARTICIPANT, RETIRES FROM
SERVICE, THEY SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION FOUR
HUNDRED FORTY-FOUR OF THIS ARTICLE; AND
3. THEIR RETIREMENT ALLOWANCE SHALL BE AN AMOUNT, ON ACCOUNT OF THIS
REQUIRED MINIMUM PERIOD OF SERVICE, EQUAL TO THE SUM OF (I) AN ANNUITY
WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE ACCUMULATED DEDUCTIONS
A. 10581 9
FROM THEIR PAY DURING SUCH PERIOD, (II) A PENSION FOR INCREASED-TAKE-
HOME-PAY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE RESERVE FOR
INCREASED-TAKE-HOME-PAY TO WHICH SUCH PARTICIPANT MAY BE ENTITLED, FOR
SUCH PERIOD, AND (III) A PENSION WHICH, WHEN ADDED TO SUCH ANNUITY AND
SUCH PENSION FOR INCREASED-TAKE-HOME-PAY, PRODUCES A RETIREMENT ALLOW-
ANCE EQUAL TO FIFTY PERCENT OF SUCH PARTICIPANT'S FINAL AVERAGE SALARY,
PLUS AN AMOUNT FOR EACH ADDITIONAL YEAR OF CREDITABLE SERVICE AS AN EMT
MEMBER, OR FRACTION THEREOF, BEYOND SUCH REQUIRED MINIMUM PERIOD OF
SERVICE EQUAL TO TWO PERCENT OF THEIR FINAL AVERAGE SALARY FOR SUCH
CREDITABLE SERVICE AS AN EMT MEMBER DURING THE PERIOD FROM COMPLETION OF
TWENTY-TWO AND ONE-HALF OR MORE YEARS OF CREDITABLE SERVICE AS AN EMT
MEMBER TO THE DATE OF RETIREMENT BUT NOT TO EXCEED MORE THAN FIVE YEARS
OF ADDITIONAL SERVICE AS AN EMT MEMBER.
D. ADDITIONAL MEMBER CONTRIBUTIONS. 1. IN ADDITION TO THE MEMBER
CONTRIBUTIONS REQUIRED PURSUANT TO SECTION 13-125 OR SECTION 13-162 OF
THE ADMINISTRATIVE CODE, EACH PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR IMPROVED BENEFIT RETIREMENT PROGRAM SHALL CONTRIBUTE, SUBJECT TO
THE APPLICABLE PROVISIONS OF SECTION 13-125.2 OF THE ADMINISTRATIVE
CODE, AN ADDITIONAL SIX AND ONE-HALF PERCENT OF THEIR COMPENSATION
EARNED FROM ALL CREDITED SERVICE, AS A PARTICIPANT IN THE TWENTY-TWO AND
ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM, RENDERED ON AND AFTER
THE STARTING DATE OF THE IMPROVED BENEFIT RETIREMENT PROGRAM, AND ALL
CREDITABLE SERVICE AS AN EMT MEMBER AFTER SUCH PERSON CEASES TO BE A
PARTICIPANT, BUT BEFORE THEY AGAIN BECOME A PARTICIPANT PURSUANT TO
PARAGRAPH FIVE OF SUBDIVISION B OF THIS SECTION. A PARTICIPANT IN THE
TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM SHALL
CONTRIBUTE ADDITIONAL MEMBER CONTRIBUTIONS UNTIL THE LATER OF THE DATE
AS OF WHICH SUCH PARTICIPANT IS ELIGIBLE TO RETIRE WITH AT LEAST TWEN-
TY-TWO AND ONE-HALF OR MORE YEARS OF CREDITABLE SERVICE AS AN EMT MEMBER
UNDER SUCH RETIREMENT PROGRAM, OR THE FIRST ANNIVERSARY OF THE STARTING
DATE OF THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT
PROGRAM. THE ADDITIONAL CONTRIBUTIONS REQUIRED BY THIS SECTION SHALL BE
IN LIEU OF ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY SECTION FOUR
HUNDRED FORTY-FIVE-D OF THIS ARTICLE, AS ADDED BY CHAPTER NINETY-SIX OF
THE LAWS OF NINETEEN HUNDRED NINETY-FIVE, AND SHALL BE IN LIEU OF ADDI-
TIONAL MEMBER CONTRIBUTIONS REQUIRED BY SECTION FOUR HUNDRED
FORTY-FIVE-E OF THIS ARTICLE, AS ADDED BY CHAPTER FIVE HUNDRED SEVENTY-
SEVEN OF THE LAWS OF TWO THOUSAND, AND NO MEMBER PAYING ADDITIONAL
CONTRIBUTIONS PURSUANT TO THIS SECTION SHALL BE REQUIRED TO PAY ADDI-
TIONAL CONTRIBUTIONS PURSUANT TO SUCH SUBDIVISION D OF SECTION FOUR
HUNDRED FORTY-FIVE-D OF THIS ARTICLE OR PURSUANT TO SUCH SUBDIVISION D
OF SECTION FOUR HUNDRED FORTY-FIVE-E OF THIS ARTICLE.
2. COMMENCING WITH THE FIRST FULL PAYROLL PERIOD AFTER EACH PERSON
BECOMES A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENE-
FIT RETIREMENT PROGRAM, ADDITIONAL MEMBER CONTRIBUTIONS AT THE RATE
SPECIFIED IN PARAGRAPH ONE OF THIS SUBDIVISION SHALL BE DEDUCTED,
SUBJECT TO THE APPLICABLE PROVISIONS OF SECTION 13-125.2 OF THE ADMINIS-
TRATIVE CODE, FROM THE COMPENSATION OF SUCH PARTICIPANT ON EACH AND
EVERY PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD FOR
WHICH THEY ARE SUCH A PARTICIPANT.
3. (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, WHERE ANY ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY PARAGRAPH
ONE OF THIS SUBDIVISION ARE NOT PAID BY DEDUCTIONS FROM A PARTICIPANT'S
COMPENSATION PURSUANT TO PARAGRAPH TWO OF THIS SUBDIVISION:
A. 10581 10
(A) THAT PARTICIPANT SHALL BE CHARGED WITH A CONTRIBUTION DEFICIENCY
CONSISTING OF SUCH UNPAID AMOUNTS, TOGETHER WITH INTEREST THEREON,
COMPOUNDED ANNUALLY; AND
(B) SUCH INTEREST ON EACH AMOUNT OF UNDEDUCTED CONTRIBUTIONS SHALL
ACCRUE FROM THE END OF THE PAYROLL PERIOD FOR WHICH SUCH AMOUNT WOULD
HAVE BEEN DEDUCTED FROM COMPENSATION IF SUCH PARTICIPANT HAD BEEN A
PARTICIPANT AT THE BEGINNING OF THAT PAYROLL PERIOD AND SUCH DEDUCTIONS
HAD BEEN REQUIRED FOR SUCH PAYROLL PERIOD UNTIL SUCH AMOUNT IS PAID TO
THE RETIREMENT SYSTEM; AND
(C) (1) INTEREST ON EACH SUCH AMOUNT INCLUDED IN SUCH PARTICIPANT'S
CONTRIBUTION DEFICIENCY PURSUANT TO THIS SUBPARAGRAPH SHALL BE CALCU-
LATED AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID BY
SUCH PARTICIPANT, AND SUCH INTEREST SHALL ACCRUE FROM THE END OF THE
PAYROLL PERIOD TO WHICH AN AMOUNT OF SUCH ADDITIONAL MEMBER CONTRIBUTION
IS ATTRIBUTABLE, COMPOUNDED ANNUALLY, UNTIL SUCH AMOUNT IS PAID TO THE
RETIREMENT SYSTEM;
(2) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE EQUAL TO THE
RATE OR RATES OF INTEREST REQUIRED BY LAW TO BE USED DURING THAT SAME
PERIOD TO CREDIT INTEREST ON THE ACCUMULATED DEDUCTIONS OF RETIREMENT
SYSTEM MEMBERS.
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, NO
INTEREST SHALL BE DUE ON ANY UNPAID ADDITIONAL CONTRIBUTIONS WHICH ARE
NOT ATTRIBUTABLE TO THE PERIOD PRIOR TO THE FIRST FULL PAYROLL PERIOD
REFERRED TO IN PARAGRAPH TWO OF THIS SUBDIVISION.
(III) SHOULD ANY PERSON WHO, PURSUANT TO PARAGRAPH SEVEN OF THIS
SUBDIVISION, HAS WITHDRAWN ANY ADDITIONAL MEMBER CONTRIBUTIONS AND ANY
INTEREST PAID THEREON, AGAIN BECOME A PARTICIPANT IN THE TWENTY-TWO AND
ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM PURSUANT TO PARAGRAPH
FIVE OF SUBDIVISION B OF THIS SECTION, AN APPROPRIATE AMOUNT SHALL BE
INCLUDED IN SUCH PARTICIPANT'S CONTRIBUTION DEFICIENCY, INCLUDING INTER-
EST THEREON AS CALCULATED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, FOR ANY CREDITED SERVICE WITH RESPECT TO WHICH SUCH PERSON
RECEIVED A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS, INCLUDING ANY
AMOUNT OF AN UNPAID LOAN BALANCE DEEMED TO HAVE BEEN RETURNED TO SUCH
PERSON PURSUANT TO PARAGRAPH SEVEN OF THIS SUBDIVISION, AS IF SUCH ADDI-
TIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID.
4. THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM MAY, CONSISTENT WITH
THE PROVISIONS OF THIS SUBDIVISION, PROMULGATE REGULATIONS FOR THE
PAYMENT OF THE ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY THIS SUBDIVI-
SION, AND ANY INTEREST THEREON, BY A PARTICIPANT IN THE TWENTY-TWO AND
ONE-HALF YEAR IMPROVED BENEFIT RETIREMENT PROGRAM, INCLUDING THE
DEDUCTION OF SUCH CONTRIBUTIONS, AND ANY INTEREST THEREON, FROM SUCH
PARTICIPANT'S COMPENSATION.
5. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIRE-
MENT PURSUANT TO SUBDIVISION C OF THIS SECTION DID NOT, PRIOR TO THE
EFFECTIVE DATE OF RETIREMENT, PAY THE ENTIRE AMOUNT OF A CONTRIBUTION
DEFICIENCY CHARGEABLE TO SUCH PARTICIPANT PURSUANT TO PARAGRAPH THREE OF
THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF A LOAN OF SUCH PARTIC-
IPANT'S ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH EIGHT OF
THIS SUBDIVISION, INCLUDING ACCRUED INTEREST ON SUCH LOAN, THAT PARTIC-
IPANT, NEVERTHELESS, SHALL BE ELIGIBLE TO RETIRE PURSUANT TO SUBDIVISION
C OF THIS SECTION, PROVIDED, HOWEVER, THAT WHERE SUCH PARTICIPANT IS NOT
ENTITLED TO A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO
PARAGRAPH SEVEN OF THIS SUBDIVISION, SUCH PARTICIPANT'S SERVICE RETIRE-
MENT BENEFIT CALCULATED PURSUANT TO THE APPLICABLE PROVISIONS OF SUBDI-
A. 10581 11
VISION C OF THIS SECTION SHALL BE REDUCED BY A LIFE ANNUITY, CALCULATED
IN ACCORDANCE WITH THE METHOD SET FORTH IN SUBDIVISION I OF SECTION SIX
HUNDRED THIRTEEN-B OF THIS CHAPTER, WHICH IS ACTUARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION DEFICIENCY CHARGEABLE TO
SUCH MEMBER PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION; PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF THEIR ADDITIONAL
MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH EIGHT OF THIS SUBDIVISION,
INCLUDING ACCRUED INTEREST ON SUCH LOAN.
6. SUBJECT TO THE PROVISIONS OF PARAGRAPH FIVE OF THIS SUBDIVISION,
WHERE A PARTICIPANT HAS NOT PAID IN FULL ANY CONTRIBUTION DEFICIENCY
CHARGEABLE TO SUCH PARTICIPANT PURSUANT TO PARAGRAPH THREE OF THIS
SUBDIVISION, AND A BENEFIT, OTHER THAN A REFUND OF A MEMBER'S ACCUMU-
LATED DEDUCTIONS OR A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT
TO PARAGRAPH SEVEN OF THIS SUBDIVISION, BECOMES PAYABLE BY THE RETIRE-
MENT SYSTEM TO THE PARTICIPANT OR TO THEIR DESIGNATED BENEFICIARY OR
ESTATE, THE ACTUARIAL EQUIVALENT OF ANY SUCH UNPAID AMOUNT SHALL BE
DEDUCTED FROM THE BENEFIT OTHERWISE PAYABLE.
7. (I) ALL ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY THIS SUBDIVI-
SION, AND ANY INTEREST THEREON, WHICH ARE RECEIVED BY THE RETIREMENT
SYSTEM SHALL BE PAID INTO ITS CONTINGENT RESERVE FUND AND SHALL BE THE
PROPERTY OF THE RETIREMENT SYSTEM. SUCH ADDITIONAL MEMBER CONTRIBUTIONS,
AND ANY INTEREST THEREON, SHALL NOT FOR ANY PURPOSE BE DEEMED TO BE
MEMBER CONTRIBUTIONS OR ACCUMULATED DEDUCTIONS OF A MEMBER OF THE
RETIREMENT SYSTEM UNDER SECTION 13-125 OR SECTION 13-162 OF THE ADMINIS-
TRATIVE CODE WHILE THEY ARE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR IMPROVED BENEFIT RETIREMENT PROGRAM OR OTHERWISE.
(II) SHOULD A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED
BENEFIT RETIREMENT PROGRAM, WHO HAS RENDERED LESS THAN FIFTEEN YEARS OF
CREDITED SERVICE CEASE TO HOLD A POSITION AS AN EMT MEMBER FOR ANY
REASON WHATSOEVER, SUCH PARTICIPANT'S ACCUMULATED ADDITIONAL MEMBER
CONTRIBUTIONS MADE PURSUANT TO THIS SUBDIVISION, TOGETHER WITH ANY
INTEREST THEREON PAID TO THE RETIREMENT SYSTEM, WHICH REMAIN CREDITED TO
SUCH PARTICIPANT'S ACCOUNT MAY BE WITHDRAWN BY SUCH PARTICIPANT PURSUANT
TO PROCEDURES PROMULGATED IN REGULATIONS OF THE BOARD OF TRUSTEES OF THE
RETIREMENT SYSTEM, TOGETHER WITH INTEREST THEREON AT THE RATE OF INTER-
EST REQUIRED BY LAW TO BE USED TO CREDIT INTEREST ON THE ACCUMULATED
DEDUCTIONS OF RETIREMENT SYSTEM MEMBERS COMPOUNDED ANNUALLY.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, (A)
NO PERSON SHALL BE PERMITTED TO WITHDRAW FROM THE RETIREMENT SYSTEM ANY
ADDITIONAL MEMBER CONTRIBUTIONS PAID PURSUANT TO THIS SUBDIVISION OR ANY
INTEREST PAID THEREON, EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH; AND (B) NO PERSON, WHILE THEY
ARE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM, SHALL BE PERMITTED TO WITHDRAW ANY SUCH ADDITIONAL
MEMBER CONTRIBUTIONS OR ANY INTEREST PAID THEREON PURSUANT TO ANY OF THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH OR OTHERWISE.
8. A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED BENEFIT
RETIREMENT PROGRAM SHALL BE PERMITTED TO BORROW FROM THEIR ADDITIONAL
MEMBER CONTRIBUTIONS, INCLUDING ANY INTEREST PAID THEREON, WHICH ARE
CREDITED TO THE ADDITIONAL CONTRIBUTIONS ACCOUNT ESTABLISHED FOR SUCH
PARTICIPANT IN THE CONTINGENT RESERVE FUND OF THE RETIREMENT SYSTEM. THE
BORROWING FROM SUCH ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO THIS
PARAGRAPH SHALL BE GOVERNED BY THE SAME RIGHTS, PRIVILEGES, OBLIGATIONS
AND PROCEDURES SET FORTH IN SECTION SIX HUNDRED THIRTEEN-B OF THIS CHAP-
TER WHICH GOVERN THE BORROWING BY MEMBERS SUBJECT TO ARTICLE FIFTEEN OF
THIS CHAPTER OF MEMBER CONTRIBUTIONS MADE PURSUANT TO SECTION SIX
A. 10581 12
HUNDRED THIRTEEN OF THIS CHAPTER. THE BOARD OF TRUSTEES OF THE RETIRE-
MENT SYSTEM MAY, CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION,
PROMULGATE REGULATIONS GOVERNING THE BORROWING OF SUCH ADDITIONAL MEMBER
CONTRIBUTIONS.
9. WHEREVER A PERSON HAS AN UNPAID BALANCE OF A LOAN OF SUCH PERSON'S
ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH EIGHT OF THIS
SUBDIVISION AT THE TIME SUCH PERSON BECOMES ENTITLED TO A REFUND OF
THEIR ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH SEVEN OF THIS SUBDIVISION, THE AMOUNT OF SUCH UNPAID LOAN
BALANCE, INCLUDING ACCRUED INTEREST, SHALL BE DEEMED TO HAVE BEEN
RETURNED TO SUCH MEMBER, AND THE REFUND OF SUCH ADDITIONAL CONTRIBUTIONS
SHALL BE THE NET AMOUNT OF SUCH CONTRIBUTIONS, TOGETHER WITH INTEREST
THEREON IN ACCORDANCE WITH THE PROVISIONS OF SUCH SUBPARAGRAPH.
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF SECTION ONE HUNDRED THIRTY-EIGHT-B OF THIS CHAPTER SHALL
NOT BE APPLICABLE TO THE ADDITIONAL MEMBER CONTRIBUTIONS WHICH ARE
REQUIRED BY THIS SUBDIVISION.
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
ADDITIONAL MEMBER CONTRIBUTIONS WHICH ARE REQUIRED BY THIS SUBDIVISION
SHALL NOT BE REDUCED UNDER ANY PROGRAM FOR INCREASED-TAKE-HOME-PAY.
E. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PROVIDE
BENEFITS TO ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR IMPROVED
BENEFIT RETIREMENT PROGRAM WHICH ARE GREATER THAN THOSE WHICH WOULD BE
RECEIVED BY A SIMILARLY SITUATED MEMBER WHO IS ENTITLED TO BENEFITS
UNDER THE PROVISIONS OF SECTION 13-157.5 OF THE ADMINISTRATIVE CODE, BUT
WHO IS NOT GOVERNED BY THE PROVISIONS OF THIS ARTICLE.
F. COST-OF-LIVING ADJUSTMENTS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PERSON WHO RETIRES WITH A RETIREMENT BENEFIT
PROVIDED FOR IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT BE ENTITLED TO THE
COST-OF-LIVING ADJUSTMENTS PROVIDED PURSUANT TO SECTION 13-696 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
§ 5. Paragraph 3 of subdivision b of section 604-e of the retirement
and social security law, as added by chapter 577 of the laws of 2000, is
amended to read as follows:
3. Each EMT member, other than an EMT member subject to paragraph one
or two of this subdivision, who [becomes] BECAME subject to the
provisions of this article on or after the starting date of the twenty-
five year retirement program AND PRIOR TO THE STARTING DATE OF THE TWEN-
TY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM PROVIDED FOR IN SECTION SIX
HUNDRED FOUR-K OF THIS ARTICLE shall [become] CONTINUE TO BE a partic-
ipant in the twenty-five year retirement program [on the date he or she
becomes such an EMT member], UNLESS SUCH PERSON ELECTS TO BECOME A
MEMBER OF THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM IN ACCORD-
ANCE WITH THE CONDITIONS AND TERMS OF SUCH SECTION SIX HUNDRED FOUR-K.
Provided, however, a person subject to this paragraph, and who has
exceeded age twenty-five upon employment as an EMT member, shall be
exempt from participation in the improved twenty-five year retirement
program if such person elects not to participate by filing a duly
executed form with the retirement system within one hundred eighty days
of becoming an EMT member.
§ 6. The retirement and social security law is amended by adding a new
section 604-k to read as follows:
§ 604-K. TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM FOR EMT
MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES AS USED IN THIS
A. 10581 13
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 NEW YORK CITY EMPLOYEES'
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 AN 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-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM" SHALL MEAN ALL
THE TERMS AND CONDITIONS OF THIS SECTION.
3. "STARTING DATE OF THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM" SHALL MEAN THE EFFECTIVE DATE OF THIS SECTION.
4. "PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF 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-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM, AS APPLICABLE TO SUCH MEMBER.
5. "DISCONTINUED MEMBER" SHALL MEAN A PARTICIPANT IN THE TWENTY-TWO
AND ONE-HALF YEAR RETIREMENT PROGRAM WHO, WHILE SUCH PARTICIPANT WAS AN
EMT MEMBER, DISCONTINUED SERVICE AS SUCH A MEMBER AND HAS A RIGHT TO A
DEFERRED VESTED BENEFIT UNDER SUBDIVISION D OF THIS SECTION.
6. "ADMINISTRATIVE CODE" SHALL MEAN THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
7. "CREDITABLE 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-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM. 1. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF
THIS SUBDIVISION, ANY PERSON WHO IS AN EMT MEMBER ON THE STARTING DATE
OF THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM AND WHO, AS SUCH
AN EMT MEMBER OR OTHERWISE, LAST BECAME SUBJECT TO THE PROVISIONS OF
THIS ARTICLE PRIOR TO SUCH STARTING DATE, MAY ELECT TO BECOME A PARTIC-
IPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM BY FILING,
WITHIN ONE HUNDRED EIGHTY DAYS AFTER SUCH STARTING DATE, A DULY EXECUTED
APPLICATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM OF WHICH
SUCH PERSON IS A MEMBER, PROVIDED SUCH PERSON IS SUCH AN EMT MEMBER ON
THE DATE SUCH APPLICATION IS FILED. AN EMT MEMBER WHO ELECTS TO BECOME A
MEMBER OF THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM PURSUANT
TO THIS PARAGRAPH SHALL CEASE TO BE A MEMBER OF THE TWENTY-FIVE YEAR
RETIREMENT PROGRAM PROVIDED FOR IN SECTION SIX HUNDRED FOUR-E OF THIS
ARTICLE, AS ADDED BY CHAPTER FIVE HUNDRED SEVENTY-SEVEN OF THE LAWS OF
TWO THOUSAND.
2. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS
SUBDIVISION, ANY PERSON WHO BECOMES AN EMT MEMBER AFTER THE STARTING
DATE OF THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM AND WHO, AS
SUCH AN EMT MEMBER OR OTHERWISE, LAST BECAME SUBJECT TO THE PROVISIONS
OF THIS ARTICLE PRIOR TO SUCH STARTING DATE, MAY ELECT TO BECOME A
PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF 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 FOR WHICH SUCH PERSON IS A MEMBER, PROVIDED SUCH
PERSON IS SUCH AN EMT MEMBER ON THE DATE SUCH APPLICATION IS FILED. AN
A. 10581 14
EMT MEMBER WHO ELECTS TO BECOME A MEMBER OF THE TWENTY-TWO AND ONE-HALF
YEAR RETIREMENT PROGRAM PURSUANT TO THIS PARAGRAPH SHALL CEASE TO BE A
MEMBER OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM PROVIDED FOR IN
SECTION SIX HUNDRED FOUR-E OF THIS ARTICLE, AS ADDED BY CHAPTER FIVE
HUNDRED SEVENTY-SEVEN OF THE LAWS OF TWO THOUSAND.
3. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR RETIREMENT PROGRAM SHALL BE IRREVOCABLE.
4. EACH EMT MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTI-
CLE ON OR AFTER THE STARTING DATE OF THE TWENTY-TWO AND ONE-HALF YEAR
RETIREMENT PROGRAM SHALL BECOME A PARTICIPANT IN THE TWENTY-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM ON THE DATE SUCH PARTICIPANT BECOMES AN
EMT MEMBER.
5. WHERE ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIRE-
MENT PROGRAM SHALL CEASE TO HOLD A POSITION AS AN EMT MEMBER, THEY SHALL
CEASE TO BE SUCH A PARTICIPANT AND, DURING ANY PERIOD IN WHICH SUCH
PERSON DOES NOT HOLD SUCH AN EMT POSITION, THEY SHALL NOT BE A PARTIC-
IPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM AND SHALL
NOT BE ELIGIBLE FOR THE BENEFITS OF SUBDIVISION C OF THIS SECTION.
6. WHERE ANY PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIRE-
MENT PROGRAM TERMINATES SERVICE AS AN EMT MEMBER AND RETURNS TO SUCH
SERVICE AS AN EMT MEMBER AT A LATER DATE, THEY SHALL AGAIN BECOME SUCH A
PARTICIPANT ON THAT DATE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY
PERSON WHO IS ELIGIBLE TO ELECT TO BECOME A PARTICIPANT IN THE TWENTY-
TWO AND ONE-HALF 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-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM:
(I) WHO HAS COMPLETED TWENTY-TWO AND ONE-HALF OR MORE YEARS OF CREDIT-
ABLE SERVICE AS AN EMT MEMBER; AND
(II) WHO HAS PAID, BEFORE THE EFFECTIVE DATE OF RETIREMENT, ALL ADDI-
TIONAL MEMBER CONTRIBUTIONS AND INTEREST, IF ANY, REQUIRED BY SUBDIVI-
SION E OF THIS SECTION; AND
(III) WHO FILES WITH THE RETIREMENT SYSTEM OF WHICH SUCH PARTICIPANT
IS A MEMBER AN APPLICATION FOR SERVICE RETIREMENT SETTING FORTH AT WHAT
TIME, NOT LESS THAN THIRTY DAYS SUBSEQUENT TO THE EXECUTION AND FILING
THEREOF, SUCH PARTICIPANT DESIRES TO BE RETIRED; AND
(IV) WHO SHALL BE A PARTICIPANT IN THE TWENTY-TWO AND ONE-YEAR YEAR
RETIREMENT PROGRAM AT THE TIME SO SPECIFIED FOR SUCH PARTICIPANT'S
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, AND
SUBJECT TO THE PROVISIONS OF PARAGRAPH SIX OF SUBDIVISION E OF THIS
SECTION, THE SERVICE RETIREMENT BENEFIT FOR PARTICIPANTS IN THE TWENTY-
TWO AND ONE-HALF YEAR RETIREMENT PROGRAM WHO RETIRE PURSUANT TO PARA-
GRAPH 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 FIFTY PERCENT OF SUCH PARTICIPANT'S FINAL AVERAGE SALARY; PLUS
(II) AN AMOUNT ON ACCOUNT OF CREDITABLE SERVICE AS AN EMT MEMBER, OR
FRACTION THEREOF, BEYOND SUCH REQUIRED MINIMUM PERIOD OF SERVICE EQUAL
TO TWO PERCENT OF THEIR FINAL SALARY AS AN EMT MEMBER DURING THE PERIOD
A. 10581 15
FROM THE COMPLETION OF TWENTY-TWO AND ONE-HALF YEARS OF CREDITABLE
SERVICE AS AN EMT MEMBER TO THE DATE OF RETIREMENT BUT NOT TO EXCEED
MORE THAN FIVE YEARS OF ADDITIONAL SERVICE AS AN EMT MEMBER.
D. VESTING. 1. A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR
RETIREMENT PROGRAM:
(I) WHO DISCONTINUES SERVICE AS SUCH A PARTICIPANT, OTHER THAN BY
DEATH OR RETIREMENT; AND
(II) WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED FIVE BUT LESS THAN
TWENTY-TWO AND ONE-HALF YEARS OF CREDITABLE SERVICE AS AN EMT MEMBER;
AND
(III) WHO, SUBJECT TO THE PROVISIONS OF PARAGRAPH SEVEN OF SUBDIVISION
E OF THIS SECTION, HAS PAID, PRIOR TO SUCH DISCONTINUANCE, ALL ADDI-
TIONAL MEMBER CONTRIBUTIONS AND INTEREST, IF ANY, REQUIRED BY SUBDIVI-
SION E OF THIS SECTION; AND
(IV) WHO DOES NOT WITHDRAW IN WHOLE OR IN PART THEIR ACCUMULATED
MEMBER CONTRIBUTIONS PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS
ARTICLE UNLESS SUCH PARTICIPANT THEREAFTER RETURNS TO PUBLIC SERVICE AND
REPAYS THE AMOUNTS SO WITHDRAWN, TOGETHER WITH INTEREST, PURSUANT TO
SUCH SECTION SIX HUNDRED THIRTEEN 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) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, 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, OR, IN THE CASE OF A PARTICIPANT
WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED BENEFIT SHALL
BECOME PAYABLE AT AGE SIXTY-THREE.
3. SUBJECT TO THE PROVISIONS OF PARAGRAPH SEVEN OF SUBDIVISION E OF
THIS SECTION, SUCH DEFERRED VESTED BENEFIT SHALL BE A RETIREMENT ALLOW-
ANCE CONSISTING OF AN AMOUNT EQUAL TO TWO PERCENT OF SUCH DISCONTINUED
MEMBER'S FINAL AVERAGE SALARY, MULTIPLIED BY THE NUMBER OF YEARS OF
CREDITABLE SERVICE AS AN EMT MEMBER.
E. ADDITIONAL MEMBER CONTRIBUTIONS. 1. IN ADDITION TO THE MEMBER
CONTRIBUTIONS REQUIRED BY SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE,
EACH PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM
SHALL CONTRIBUTE TO THE RETIREMENT SYSTEM OF WHICH THEY ARE A MEMBER,
SUBJECT TO THE APPLICABLE PROVISIONS OF SUBDIVISION D OF SECTION SIX
HUNDRED THIRTEEN OF THIS ARTICLE, AN ADDITIONAL SIX AND ONE-HALF PERCENT
OF SUCH PARTICIPANT'S COMPENSATION EARNED FROM (I) ALL CREDITABLE
SERVICE, AS A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM, RENDERED ON OR AFTER THE STARTING DATE OF THE TWENTY-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM, AND (II) ALL CREDITABLE SERVICE AFTER
SUCH PERSON CEASES TO BE A PARTICIPANT, BUT BEFORE SUCH PERSON AGAIN
BECOMES A PARTICIPANT PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS
SECTION. THE ADDITIONAL CONTRIBUTIONS REQUIRED BY THIS SECTION SHALL BE
IN LIEU OF ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY SUBDIVISION D OF
SECTION SIX HUNDRED FOUR-C OF THIS CHAPTER AS ADDED BY CHAPTER NINETY-
SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-FIVE, AND SHALL BE IN LIEU OF
ADDITIONAL MEMBER CONTRIBUTIONS REQUIRED BY SUBDIVISION E OF SECTION SIX
HUNDRED FOUR-E OF THIS CHAPTER AS ADDED BY CHAPTER FIVE HUNDRED SEVEN-
TY-SEVEN OF THE LAWS OF TWO THOUSAND, AND NO MEMBER MAKING ADDITIONAL
CONTRIBUTIONS PURSUANT TO THIS SECTION SHALL BE REQUIRED TO MAKE
CONTRIBUTIONS PURSUANT TO SUCH SUBDIVISION D OF SECTION SIX HUNDRED
A. 10581 16
FOUR-C OF THIS ARTICLE OR SUCH SUBDIVISION E OF SECTION SIX HUNDRED
FOUR-E OF THIS ARTICLE.
2. A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM SHALL CONTRIBUTE ADDITIONAL MEMBER CONTRIBUTIONS UNTIL THE LATER
OF (I) THE FIRST ANNIVERSARY OF THE STARTING DATE OF THE TWENTY-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM, OR (II) THE DATE ON WHICH SUCH PARTIC-
IPANT COMPLETES TWENTY-SEVEN AND ONE-HALF YEARS OF CREDITED SERVICE AS
AN EMT MEMBER.
3. COMMENCING WITH THE FIRST FULL PAYROLL PERIOD AFTER EACH PERSON
BECOMES A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM, ADDITIONAL MEMBER CONTRIBUTIONS AT THE RATE SPECIFIED IN PARA-
GRAPH ONE OF THIS SUBDIVISION SHALL BE DEDUCTED, SUBJECT TO THE APPLICA-
BLE PROVISIONS OF SUBDIVISION D OF SECTION SIX HUNDRED THIRTEEN OF THIS
ARTICLE, FROM THE COMPENSATION OF SUCH PARTICIPANT ON EACH AND EVERY
PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD FOR WHICH
THEY ARE SUCH A PARTICIPANT.
4. (I) EACH PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM SHALL BE CHARGED WITH A CONTRIBUTION DEFICIENCY CONSISTING OF
THE TOTAL AMOUNTS OF ADDITIONAL MEMBER CONTRIBUTIONS SUCH PERSON IS
REQUIRED TO MAKE PURSUANT TO PARAGRAPHS ONE AND TWO OF THIS SUBDIVISION
WHICH ARE NOT DEDUCTED FROM SUCH PERSON'S COMPENSATION PURSUANT TO PARA-
GRAPH THREE OF THIS SUBDIVISION, IF ANY, TOGETHER WITH INTEREST THEREON,
COMPOUNDED ANNUALLY, AND COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF
SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH.
(II)(A) THE INTEREST REQUIRED TO BE PAID ON EACH SUCH AMOUNT SPECIFIED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL ACCRUE FROM THE END OF THE
PAYROLL PERIOD FOR WHICH SUCH AMOUNT WOULD HAVE BEEN DEDUCTED FROM
COMPENSATION IF SUCH PERSON HAD BEEN A PARTICIPANT AT THE BEGINNING OF
THAT PAYROLL PERIOD AND SUCH DEDUCTION HAD BEEN REQUIRED FOR SUCH
PAYROLL PERIOD, UNTIL SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
(B) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE EQUAL TO THE
RATE OR RATES OF INTEREST REQUIRED BY LAW TO BE USED DURING THAT SAME
PERIOD TO CREDIT INTEREST ON THE ACCUMULATED DEDUCTIONS OF RETIREMENT
SYSTEM MEMBERS.
(III) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH FIVE OF THIS SUBDIVI-
SION, NO INTEREST SHALL BE DUE ON ANY UNPAID ADDITIONAL MEMBER CONTRIB-
UTIONS WHICH ARE NOT ATTRIBUTABLE TO A PERIOD PRIOR TO THE FIRST FULL
PAYROLL PERIOD REFERRED TO IN PARAGRAPH THREE OF THIS SUBDIVISION.
5. (I) SHOULD ANY PERSON WHO, PURSUANT TO SUBPARAGRAPH (II) OF PARA-
GRAPH TEN OF THIS SUBDIVISION, HAS RECEIVED A REFUND OF THEIR ADDITIONAL
MEMBER CONTRIBUTIONS INCLUDING ANY INTEREST PAID ON SUCH CONTRIBUTIONS,
AGAIN BECOME A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIRE-
MENT PROGRAM PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS SECTION,
AN APPROPRIATE AMOUNT SHALL BE INCLUDED IN SUCH PARTICIPANT'S CONTRIB-
UTION DEFICIENCY, INCLUDING INTEREST THEREON AS CALCULATED PURSUANT TO
SUBPARAGRAPH (II) OF THIS PARAGRAPH, FOR ANY CREDITED SERVICE FOR WHICH
SUCH PERSON RECEIVED A REFUND OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS,
INCLUDING ANY AMOUNT OF AN UNPAID LOAN BALANCE DEEMED TO HAVE BEEN
RETURNED TO SUCH PERSON PURSUANT TO PARAGRAPH TWELVE OF THIS SUBDIVI-
SION, AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID.
(II) (A) INTEREST ON A PARTICIPANT'S ADDITIONAL MEMBER CONTRIBUTIONS
INCLUDED IN SUCH PARTICIPANT'S CONTRIBUTION DEFICIENCY PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE CALCULATED AS IF SUCH ADDI-
TIONAL MEMBER CONTRIBUTIONS HAD NEVER BEEN PAID BY SUCH PARTICIPANT, AND
SUCH INTEREST SHALL ACCRUE FROM THE END OF THE PAYROLL PERIOD TO WHICH
A. 10581 17
AN AMOUNT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS IS ATTRIBUTABLE, UNTIL
SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
(B) THE RATE OF INTEREST TO BE APPLIED TO SUCH AMOUNT DURING THE PERI-
OD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE FIVE PERCENT PER
ANNUM, COMPOUNDED ANNUALLY.
6. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIRE-
MENT PURSUANT TO SUBDIVISION C OF THIS SECTION DID NOT, PRIOR TO THE
EFFECTIVE DATE OF RETIREMENT, PAY THE ENTIRE AMOUNT OF A CONTRIBUTION
DEFICIENCY CHARGEABLE TO SUCH PARTICIPANT PURSUANT TO PARAGRAPHS FOUR
AND FIVE OF THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF A LOAN OF
THEIR ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF
THIS SUBDIVISION, INCLUDING ACCRUED INTEREST ON SUCH LOAN, THAT PARTIC-
IPANT, NEVERTHELESS, SHALL BE ELIGIBLE TO RETIRE PURSUANT TO SUBDIVISION
C OF THIS SECTION, PROVIDED, HOWEVER, THAT SUCH PARTICIPANT'S SERVICE
RETIREMENT BENEFIT CALCULATED PURSUANT TO PARAGRAPH TWO OF SUCH SUBDIVI-
SION C SHALL BE REDUCED BY A LIFE ANNUITY, CALCULATED IN ACCORDANCE WITH
THE METHOD SET FORTH IN SUBDIVISION I OF SECTION SIX HUNDRED THIRTEEN-B
OF THIS ARTICLE, WHICH IS ACTUARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION DEFICIENCY CHARGEABLE TO
SUCH MEMBER PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION;
PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF SUCH PARTICIPANT'S
ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS
SUBDIVISION, INCLUDING ACCRUED INTEREST ON SUCH LOAN.
7. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR A VESTED RIGHT TO
A DEFERRED BENEFIT PURSUANT TO SUBDIVISION D OF THIS SECTION DID NOT,
PRIOR TO THE DATE OF DISCONTINUANCE OF SERVICE, PAY THE ENTIRE AMOUNT OF
A CONTRIBUTION DEFICIENCY CHARGEABLE TO SUCH PARTICIPANT PURSUANT TO
PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT
OF A LOAN OF THEIR ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH
ELEVEN OF THIS SUBDIVISION, INCLUDING ACCRUED INTEREST ON SUCH LOAN,
THAT PARTICIPANT, NEVERTHELESS, SHALL HAVE A VESTED RIGHT TO A DEFERRED
BENEFIT PURSUANT TO SUBDIVISION D OF THIS SECTION PROVIDED, HOWEVER,
THAT THE DEFERRED VESTED BENEFIT CALCULATED PURSUANT TO PARAGRAPH THREE
OF SUBDIVISION D OF THIS SECTION SHALL BE REDUCED BY A LIFE ANNUITY,
CALCULATED IN ACCORDANCE WITH THE METHOD SET FORTH IN SUBDIVISION I OF
SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE, WHICH IS ACTUARIALLY
EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION CHARGEABLE TO SUCH MEMBER
PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION; PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF THEIR ADDITIONAL
MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDIVISION,
INCLUDING ACCRUED INTEREST ON SUCH LOAN.
8. THE HEAD OF A RETIREMENT SYSTEM WHICH INCLUDES PARTICIPANTS IN THE
TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM IN ITS MEMBERSHIP MAY,
CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION, PROMULGATE REGU-
LATIONS FOR THE PAYMENT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS, AND ANY
INTEREST THEREON, BY SUCH PARTICIPANTS, INCLUDING THE DEDUCTION OF SUCH
CONTRIBUTIONS, AND ANY INTEREST THEREON, FROM THE PARTICIPANT'S COMPEN-
SATION.
9. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS
SUBDIVISION, WHERE A PARTICIPANT HAS NOT PAID IN FULL ANY CONTRIBUTION
DEFICIENCY CHARGEABLE TO SUCH PARTICIPANT PURSUANT TO PARAGRAPHS FOUR
AND FIVE OF THIS SUBDIVISION, AND A BENEFIT, OTHER THAN A REFUND OF
MEMBER CONTRIBUTIONS PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS
ARTICLE OR A REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO
A. 10581 18
SUBPARAGRAPH (II) OF PARAGRAPH TEN OF THIS SUBDIVISION, BECOMES PAYABLE
UNDER THIS ARTICLE TO THE PARTICIPANT OR TO THEIR DESIGNATED BENEFICIARY
OR ESTATE, THE ACTUARIAL EQUIVALENT OF ANY SUCH UNPAID AMOUNT SHALL BE
DEDUCTED FROM THE BENEFIT OTHERWISE PAYABLE.
10. (I) SUCH ADDITIONAL MEMBER CONTRIBUTIONS, AND ANY INTEREST THERE-
ON, SHALL BE PAID INTO THE CONTINGENT RESERVE FUND OF THE RETIREMENT
SYSTEM OF WHICH THE PARTICIPANT IS A MEMBER AND SHALL NOT FOR ANY
PURPOSE BE DEEMED TO BE MEMBER CONTRIBUTIONS OR ACCUMULATED CONTRIB-
UTIONS OF A MEMBER UNDER SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE OR
OTHERWISE WHILE THEY ARE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR RETIREMENT PROGRAM OR OTHERWISE.
(II) SHOULD A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIRE-
MENT PROGRAM WHO HAS RENDERED LESS THAN FIFTEEN YEARS OF CREDITED
SERVICE CEASE TO HOLD A POSITION AS AN EMT MEMBER FOR ANY REASON WHATSO-
EVER, SUCH PARTICIPANT'S ACCUMULATED ADDITIONAL MEMBER CONTRIBUTIONS
MADE PURSUANT TO THIS SUBDIVISION, TOGETHER WITH ANY INTEREST THEREON
PAID TO THE RETIREMENT SYSTEM, MAY BE WITHDRAWN BY SUCH PARTICIPANT
PURSUANT TO PROCEDURES PROMULGATED IN REGULATIONS OF THE BOARD OF TRUS-
TEES OF THE RETIREMENT SYSTEM, TOGETHER WITH INTEREST THEREON AT THE
RATE OF FIVE PERCENT PER ANNUM, COMPOUNDED ANNUALLY.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, (A)
NO PERSON SHALL BE PERMITTED TO WITHDRAW FROM THE RETIREMENT SYSTEM ANY
ADDITIONAL MEMBER CONTRIBUTIONS PAID PURSUANT TO THIS SUBDIVISION OR ANY
INTEREST PAID THEREON, EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH; AND (B) NO PERSON, WHILE THEY
ARE A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM, SHALL BE PERMITTED TO WITHDRAW ANY SUCH ADDITIONAL MEMBER
CONTRIBUTIONS OR ANY INTEREST PAID THEREON PURSUANT TO ANY OF THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH OR OTHERWISE.
11. A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT
PROGRAM SHALL BE PERMITTED TO BORROW FROM THEIR ADDITIONAL MEMBER
CONTRIBUTIONS, INCLUDING ANY INTEREST PAID THEREON, WHICH ARE CREDITED
TO THE ADDITIONAL CONTRIBUTIONS ACCOUNT ESTABLISHED FOR SUCH PARTICIPANT
IN THE CONTINGENT RESERVE FUND OF THE RETIREMENT SYSTEM. THE BORROWING
FROM SUCH ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO THIS PARAGRAPH
SHALL BE GOVERNED BY THE RIGHTS, PRIVILEGES, OBLIGATIONS AND PROCEDURES
SET FORTH IN SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE WHICH GOVERN
THE BORROWING OF MEMBER CONTRIBUTIONS MADE PURSUANT TO SECTION SIX
HUNDRED THIRTEEN OF THIS ARTICLE. THE BOARD OF TRUSTEES OF THE RETIRE-
MENT SYSTEM MAY, CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION AND
THE PROVISIONS OF SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE AS MADE
APPLICABLE TO THIS SUBDIVISION, PROMULGATE REGULATIONS GOVERNING THE
BORROWING OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS.
12. WHENEVER A PERSON HAS AN UNPAID BALANCE OF A LOAN OR SUCH PERSON'S
ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS
SUBDIVISION AT THE TIME THEY BECOME ENTITLED TO A REFUND OF THEIR ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
TEN OF THIS SUBDIVISION, THE AMOUNT OF SUCH UNPAID LOAN BALANCE, INCLUD-
ING ACCRUED INTEREST SHALL BE DEEMED TO HAVE BEEN RETURNED TO SUCH
MEMBER, AND THE REFUND OF SUCH ADDITIONAL CONTRIBUTIONS SHALL BE THE NET
AMOUNT OF SUCH CONTRIBUTION, TOGETHER WITH INTEREST THEREON IN ACCORD-
ANCE WITH THE PROVISIONS OF SUCH SUBPARAGRAPH (II).
F. COST-OF-LIVING ADJUSTMENTS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A PERSON WHO RETIRES WITH A RETIREMENT BENEFIT
PROVIDED FOR IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT BE ENTITLED TO THE
A. 10581 19
COST-OF-LIVING ADJUSTMENTS PROVIDED PURSUANT TO SECTION 13-696 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
§ 7. Paragraph 7 of subdivision d of section 613 of the retirement and
social security law, as added by chapter 577 of the laws of 2000, is
amended to read as follows:
7. (i) The city of New York shall, in the case of an EMT member (as
defined in paragraph one of subdivision a of section six hundred four-e
of this article) who is a participant in the twenty-five year retirement
program (as defined in paragraph four of subdivision a of such section
six hundred four-e), AND IN THE CASE OF AN EMT MEMBER (AS DEFINED IN
PARAGRAPH ONE OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-K OF THIS
ARTICLE) WHO IS A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF YEAR
RETIREMENT PROGRAM (AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION A OF
SUCH SECTION SIX HUNDRED FOUR-K), AND WHO IS NOT RENDERED INELIGIBLE FOR
SUCH PICK UPS BY ANOTHER PROVISION OF LAW, pick up and pay to the
retirement system of which such participant is a member all additional
member contributions which otherwise would be required to be deducted
from such member's compensation pursuant to paragraphs one and two of
subdivision e of [such] section six hundred four-e OF THIS ARTICLE, OR
PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION E OF SECTION SIX
HUNDRED FOUR-K OF THIS ARTICLE, (not including any additional member
contributions due for any period prior to the first full payroll period
referred to in such paragraph three of such subdivision e), and shall
effect such pick up on each and every payroll of such participant for
each and every payroll period with respect to which such paragraph three
would otherwise require such deductions.
(ii) An amount equal to the amount of additional contributions picked
up pursuant to this paragraph shall be deducted by such employer from
the compensation of such member (as such compensation would be in the
absence of a pick up program applicable to [him or her] SUCH MEMBER
hereunder) and shall not be paid to such member.
(iii) The additional member contributions picked up pursuant to this
paragraph for any such member shall be paid by such employer in lieu of
an equal amount of additional member contributions otherwise required to
be paid by such member under the applicable provisions of subdivision e
of section six hundred four-e of this article, and shall be deemed to be
and treated as employer contributions pursuant to section 414(h) of the
Internal Revenue Code.
(iv) For the purpose of determining the retirement system rights,
benefits and privileges of any member whose additional member contrib-
utions are picked up pursuant to this paragraph, such picked up addi-
tional member contributions shall be deemed to be and treated as part of
such member's additional member contributions under the applicable
provisions of subdivision e of section six hundred four-e AND SUBDIVI-
SION E OF SECTION SIX HUNDRED FOUR-K of this article.
(v) With the exception of federal income tax treatment, the additional
member contributions picked up pursuant to subparagraph (i) of this
paragraph shall for all other purposes, including computation of retire-
ment benefits and contributions by employers and employees, be deemed
employee salary. Nothing contained in this subdivision shall be
construed as superseding the provisions of section four hundred thirty-
one of this chapter, or any similar provision of law which limits the
salary base for computing retirement benefits payable by a public
retirement system.
A. 10581 20
§ 8. Section 13-125.2 of the administrative code of the city of New
York is amended by adding two new subdivisions a-9 and a-10 to read as
follows:
A-9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON OR
AFTER THE STARTING DATE FOR PICK UP, THE EMPLOYER RESPONSIBLE FOR PICK
UP SHALL, IN THE CASE OF AN EMT MEMBER, AS DEFINED IN PARAGRAPH ONE OF
SUBDIVISION A OF SECTION 13-157.5 OF THIS CHAPTER, WHO IS A PARTICIPANT
IN THE TWENTY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM, AS DEFINED IN
PARAGRAPH TWO OF SUCH SUBDIVISION A, PICK UP AND PAY TO THE RETIREMENT
SYSTEM ALL ADDITIONAL MEMBER CONTRIBUTIONS WHICH OTHERWISE WOULD BE
REQUIRED TO BE DEDUCTED FROM SUCH MEMBER'S COMPENSATION PURSUANT TO
SUBDIVISION E OF SUCH SECTION 13-157.5, AND SHALL EFFECT SUCH PICK UP ON
EACH AND EVERY PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL
PERIOD WITH RESPECT TO WHICH SUCH SUBDIVISION E WOULD OTHERWISE REQUIRE
SUCH DEDUCTIONS.
A-10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON
OR AFTER THE STARTING DATE FOR PICK UP, THE EMPLOYER RESPONSIBLE FOR
PICK UP SHALL, IN THE CASE OF AN EMT MEMBER, AS DEFINED IN PARAGRAPH TWO
OF SUBDIVISION A OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE RETIREMENT
AND SOCIAL SECURITY LAW, WHO IS A PARTICIPANT IN THE TWENTY-TWO AND
ONE-HALF YEAR RETIREMENT PROGRAM, AS DEFINED IN PARAGRAPH THREE OF SUCH
SUBDIVISION A, PICK UP AND PAY TO THE RETIREMENT SYSTEM ALL ADDITIONAL
MEMBER CONTRIBUTIONS WHICH OTHERWISE WOULD BE REQUIRED TO BE DEDUCTED
FROM SUCH MEMBER'S COMPENSATION PURSUANT TO SUBDIVISION D OF SUCH
SECTION FOUR HUNDRED FORTY-FIVE-J, AND SHALL EFFECT SUCH PICK UP ON EACH
AND EVERY PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD
WITH RESPECT TO WHICH SUCH SUBDIVISION D WOULD OTHERWISE REQUIRE SUCH
DEDUCTIONS.
§ 9. Subparagraph (ii) of paragraph 1 of subdivision c of section
13-125.2 of the administrative code of the city of New York, as amended
by chapter 682 of the laws of 2003, is amended to read as follows:
(ii) the determination of the amount of such member's Tier I or Tier
II nonuniformed-force member contributions eligible for pick up by the
employer or additional member contributions required to be picked up
pursuant to subdivision a-one, subdivision a-two, subdivision a-three,
subdivision a-four, subdivision a-five, subdivision a-six, subdivision
a-seven [or], subdivision a-eight, SUBDIVISION A-NINE, OR SUBDIVISION
A-TEN of this section; and
§ 10. Subdivision d of section 13-125.2 of the administrative code of
the city of New York is amended by adding two new paragraphs 2-h and 2-i
to read as follows:
(2-H) FOR THE PURPOSE OF DETERMINING THE RETIREMENT SYSTEM RIGHTS,
BENEFITS AND PRIVILEGES OF ANY MEMBER WHO IS A PARTICIPANT IN THE TWEN-
TY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM, AS DEFINED IN PARAGRAPH TWO
OF SUBDIVISION A OF SECTION 13-157.5 OF THIS CHAPTER, THE ADDITIONAL
MEMBER CONTRIBUTIONS OF SUCH PARTICIPANT PICKED UP PURSUANT TO SUBDIVI-
SION A-NINE OF THIS SECTION SHALL BE DEEMED TO BE AND TREATED AS A PART
OF SUCH MEMBER'S ADDITIONAL CONTRIBUTIONS UNDER SUBDIVISION E OF SUCH
SECTION 13-157.5.
(2-I) FOR THE PURPOSE OF DETERMINING THE RETIREMENT SYSTEM RIGHTS,
BENEFITS AND PRIVILEGES OF ANY MEMBER WHO IS A PARTICIPANT IN THE TWEN-
TY-TWO AND ONE-HALF YEAR RETIREMENT PROGRAM, AS DEFINED IN PARAGRAPH
THREE OF SUBDIVISION A OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE
RETIREMENT AND SOCIAL SECURITY LAW, THE ADDITIONAL MEMBER CONTRIBUTIONS
OF SUCH PARTICIPANT PICKED UP PURSUANT TO SUBDIVISION A-TEN OF THIS
SECTION SHALL BE DEEMED TO BE AND TREATED AS A PART OF SUCH MEMBER'S
A. 10581 21
ADDITIONAL MEMBER CONTRIBUTIONS UNDER SUBDIVISION D OF SECTION FOUR
HUNDRED FORTY-FIVE-J OF THE RETIREMENT AND SOCIAL SECURITY LAW.
§ 11. Paragraph 3 of subdivision d of section 13-125.2 of the adminis-
trative code of the city of New York, as amended by chapter 682 of the
laws of 2003, is amended to read as follows:
(3) Interest on contributions picked up for any Tier I or Tier II
non-uniformed-force member pursuant to this section (other than addi-
tional member contributions picked up pursuant to subdivision a-one,
subdivision a-two, subdivision a-three, subdivision a-four, subdivision
a-five, subdivision a-six, subdivision a-seven [or], subdivision
a-eight, SUBDIVISION A-NINE, OR SUBDIVISION A-TEN of this section) shall
accrue in favor of the member and be payable to the retirement system at
the same rate, for the same time periods, in the same manner and under
the same circumstances as interest would be required to accrue in favor
of the member and be payable to the retirement system on such contrib-
utions if they were made by such member in the absence of a pick up
program applicable to such member under the provisions of this section.
§ 12. Subdivision a of section 603 of the retirement and social secu-
rity law, as amended by section 3 of part EE of chapter 55 of the laws
of 2024, is amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article subdivision c of section six hundred four-i of this arti-
cle, [or] subdivision c of section six hundred four-j of this article,
OR SUBDIVISION C OF SECTION SIX HUNDRED FOUR-K OF THIS ARTICLE,
provided, however, a member of a teachers' retirement system or the New
York state and local employees' retirement system who first joins such
system before January first, two thousand ten or a member who is a
uniformed court officer or peace officer employed by the unified court
system who first becomes a member of the New York state and local
employees' retirement system before April first, two thousand twelve may
retire without reduction of their retirement benefit upon attainment of
at least fifty-five years of age and completion of thirty or more years
of service, provided, however, that a uniformed court officer or peace
officer employed by the unified court system who first becomes a member
of the New York state and local employees' retirement system on or after
January first, two thousand ten and retires without reduction of their
retirement benefit upon attainment of at least fifty-five years of age
and completion of thirty or more years of service pursuant to this
section shall be required to make the member contributions required by
subdivision f of section six hundred thirteen of this article for all
years of credited and creditable service, provided further that the
preceding provisions of this subdivision shall not apply to a New York
city revised plan member.
§ 13. Subdivision d of section 613 of the retirement and social secu-
rity law is amended by adding a new paragraph 13 to read as follows:
13. (I) THE CITY OF NEW YORK SHALL, IN THE CASE OF AN EMT MEMBER, AS
DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-K
A. 10581 22
OF THIS ARTICLE, WHO IS A PARTICIPANT IN THE TWENTY-TWO AND ONE-HALF
YEAR RETIREMENT PROGRAM, AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION A
OF SUCH SECTION SIX HUNDRED FOUR-K, PICK UP AND PAY TO THE RETIREMENT
SYSTEM OF WHICH SUCH PARTICIPANT IS A MEMBER ALL ADDITIONAL MEMBER
CONTRIBUTIONS WHICH OTHERWISE WOULD BE REQUIRED TO BE DEDUCTED FROM SUCH
MEMBER'S COMPENSATION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION
E OF SUCH SECTION SIX HUNDRED FOUR-K, NOT INCLUDING ANY ADDITIONAL
MEMBER CONTRIBUTIONS DUE FOR ANY PERIOD PRIOR TO THE FIRST FULL PAYROLL
PERIOD REFERRED TO IN SUCH PARAGRAPH THREE OF SUCH SUBDIVISION E, AND
SHALL EFFECT SUCH PICK UP ON EACH AND EVERY PAYROLL OF SUCH PARTICIPANT
FOR EACH AND EVERY PAYROLL PERIOD WITH RESPECT TO WHICH SUCH PARAGRAPH
THREE WOULD OTHERWISE REQUIRE SUCH DEDUCTIONS.
(II) AN AMOUNT EQUAL TO THE AMOUNT OF ADDITIONAL CONTRIBUTIONS PICKED
UP PURSUANT TO THIS PARAGRAPH SHALL BE DEDUCTED BY SUCH EMPLOYER FROM
THE COMPENSATION OF SUCH MEMBER, AS SUCH COMPENSATION WOULD BE IN THE
ABSENCE OF A PICK UP PROGRAM APPLICABLE TO SUCH MEMBER HEREUNDER, AND
SHALL NOT BE PAID TO SUCH MEMBER.
(III) THE ADDITIONAL MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO THIS
PARAGRAPH FOR ANY SUCH MEMBER SHALL BE PAID BY SUCH EMPLOYER IN LIEU OF
AN EQUAL AMOUNT OF ADDITIONAL MEMBER CONTRIBUTIONS OTHERWISE REQUIRED TO
BE PAID BY SUCH MEMBER UNDER THE APPLICABLE PROVISIONS OF SUBDIVISION E
OF SECTION SIX HUNDRED FOUR-K OF THIS ARTICLE, AND SHALL BE DEEMED TO BE
AND TREATED AS EMPLOYER CONTRIBUTIONS PURSUANT TO SECTION 414(H) OF THE
INTERNAL REVENUE CODE.
(IV) FOR THE PURPOSE OF DETERMINING THE RETIREMENT SYSTEM RIGHTS,
BENEFITS AND PRIVILEGES OF ANY MEMBER WHOSE ADDITIONAL MEMBER CONTRIB-
UTIONS ARE PICKED UP PURSUANT TO THIS PARAGRAPH, SUCH PICKED UP ADDI-
TIONAL MEMBER CONTRIBUTIONS SHALL BE DEEMED TO BE AND TREATED AS PART OF
SUCH MEMBER'S ADDITIONAL MEMBER CONTRIBUTIONS UNDER THE APPLICABLE
PROVISIONS OF SUBDIVISION E OF SECTION SIX HUNDRED FOUR-K OF THIS ARTI-
CLE.
(V) WITH THE EXCEPTION OF FEDERAL INCOME TAX TREATMENT, THE ADDITIONAL
MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL FOR ALL OTHER PURPOSES, INCLUDING COMPUTATION OF RETIRE-
MENT BENEFITS AND CONTRIBUTIONS BY EMPLOYERS AND EMPLOYEES, BE DEEMED
EMPLOYEE SALARY. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE
CONSTRUED AS SUPERSEDING THE PROVISIONS OF SECTION FOUR HUNDRED THIRTY-
ONE OF THIS CHAPTER, OR ANY SIMILAR PROVISION OF LAW WHICH LIMITS THE
SALARY BASE FOR COMPUTING RETIREMENT BENEFITS PAYABLE IN NEW YORK BY A
PUBLIC RETIREMENT SYSTEM.
§ 14. Nothing contained in sections seven, twelve and twelve-a of this
act shall be construed to create any contractual right with respect to
members to whom such sections apply. The provisions of such sections are
intended to afford members the advantages of certain benefits contained
in the internal revenue code, and the effectiveness and existence of
such sections and benefits they confer are completely contingent there-
on.
§ 15. This act shall take effect immediately, provided, however that:
(a) The provisions of sections seven, twelve and thirteen of this act
shall remain in force and effect only so long as, pursuant to federal
law, contributions picked up under such sections are not includable as
gross income of a member for federal income tax purposes until distrib-
uted or made available to the member; provided that the New York city
employees' retirement system shall notify the legislative bill drafting
commission upon the occurrence of such a change in federal law ruling
affecting the provisions of this act in order that the commission may
A. 10581 23
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law;
(b) The amendments to subdivision d of section 613 of the retirement
and social security law made by sections seven and thirteen of this act
shall not affect the expiration of such subdivision and shall expire
therewith;
(c) The amendments to section 13-125.2 of the administrative code of
the city of New York made by sections eight, nine, ten and eleven of
this act shall not affect the expiration of such section and shall be
deemed to expire therewith; and
(d) The amendments to subdivision a of section 603 of the retirement
and social security law made by section twelve of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would establish 22.5-Year Retire-
ment Programs for New York City Emergency Medical Technicians (EMT
22.5-Year Plans) for each tier.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYCERS
2025 26.3
2026 26.0
2027 25.9
2028 25.8
2029 25.6
2030 25.2
2031 24.8
2032 24.5
2033 24.1
2034 23.8
2035 23.3
2036 22.8
2037 6.7
2038 6.3
2039 6.0
2040 5.6
2041 5.2
2042 4.7
2043 4.1
2044 3.5
2045 3.0
2046 2.5
2047 2.1
2048 1.9
2049 1.8
Employer Contribution impact beyond Fiscal Year 2049 is not shown.
Projected contributions include future new hires.
The entire increase in employer contributions will be allocated to New
York City.
A. 10581 24
INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
as of June 30, 2023 ($ in Millions)
Present Value (PV) NYCERS
PV of Benefits: 159.9
PV of Employee Contributions: (43.2)
PV of Employer Contributions: 203.1
Unfunded Accrued Liabilities: 120.2
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYCERS
Number of Payments: 12
Fiscal Year of Last Payment: 2036
Amortization Payment: 15.7 M
Unfunded Accrued Liability increases were amortized over the expected
remaining working lifetime of those impacted by the benefit changes
using level dollar payments.
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2023. The census data for the emer-
gency medical technicians assumed to elect an EMT 22.5-Year Plan is
summarized below.
NYCERS
Active Members
- Number Count: 3,657
- Average Age: 35.6
- Average Service: 8.6
- Average Salary: 71,600
IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: The proposed legislation
would provide a service retirement benefit equal to
o 50% of Final Average Salary (FAS) for the first 22.5 years of cred-
itable service as an EMT member,
o plus 2.0% of Final Salary for each additional year of creditable
service as an EMT member exceeding 22.5 years to a maximum of 5 years.
Once a member in the EMT 22.5-Year Plan attains 22.5 years of credita-
ble service as an EMT member, he or she would no longer be eligible to
retire under his or her respective basic plan.
The vested benefit under the EMT 22.5-Year Plans is equal to 2.0% of
FAS for each year of creditable service as an EMT member.
The retirement benefits provided by the EMT 22.5-Year Plan would not
be subject to cost-of-living adjustments (COLA).
Plan participants would be required to pay Additional Member Contrib-
utions (AMC) equal to 6.5% of compensation for all service on and after
the starting date of the Plan until the later of the one-year anniver-
sary of the effective date of the Plan or 27.5 years of credited service
as an EMT member.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of NYCERS. In addition:
o The rates of retirement for the EMT 22.5-Year Plans were assigned
based on the members' eligibility to elect or opt out of the plan. The
EMT 22.5-Year Plan is optional for current emergency medical techni-
cians. The EMT 22.5-Year Plan is mandatory for future emergency medical
technicians.
A. 10581 25
o New entrants were assumed to replace exiting members so that total
payroll for emergency medical technicians increases by 3% each year. New
entrant demographics were developed based on data for recent new hires
and actuarial judgement. Future members will be mandated into the EMT
22.5-Year plan.
o For purposes of this Fiscal Note, creditable service as an EMT
member was assumed to include non-EMT service, due to insufficient data.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup of EMT members was developed based on who is assumed
to benefit actuarially by comparing the net present value of future
employer costs of each member's benefit under their current plan and
under the applicable EMT 22.5-Year Plan.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the data, actuarial assumptions, methods, and models used,
demographics of the impacted population, and other factors such as
investment, contribution, and other risks. If actual experience deviates
from actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS but do not believe it impairs our
objectivity and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-68 dated May 24,
2024 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds. This estimate is intended for use only during
the 2024 Legislative Session.
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