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This entry was published on 2019-07-26
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SECTION 16-C
Minimum service retirement benefits for certain sanitation department employees in cities and who are members of pension or retirement sy...
General City (GCT) CHAPTER 21, ARTICLE 2
§ 16-c. Minimum service retirement benefits for certain sanitation
department employees in cities and who are members of pension or
retirement systems maintained by such cities. 1. For the purposes of
this section the uniformed force of a city department of sanitation or
similar department or agency shall be deemed to consist of
sanitationman, assistant foreman, foreman, district superintendent,
senior superintendent, supervising superintendent, principal
superintendent, city superintendent, director of operations and general
superintendent.

2. Notwithstanding the provisions of any general, special or local
law, charter or administrative code to the contrary, and in lieu of any
lesser amount otherwise prescribed, any person:

(a) who is a member of the uniformed force of the department of
sanitation or similar department or agency of a city, and is a member of
a pension or retirement system maintained by such city; and

(b) who, by reason of a plan or option selected by him or otherwise
made applicable to him pursuant to or by the administrative code or
charter or other local provisions of law governing the rate of
contribution and eligibility for service retirement of members of such
uniformed force who are members of such city-maintained pension or
retirement system:

(1) is required to make contributions to such system at a rate
calculated on the basis of a service-fraction of not less than one
one-hundredth of his final compensation under such system; and

(2) is eligible for retirement for service upon completion of a
minimum of twenty-five years of service in such uniformed force as a
member of such system; and

(c) who has completed at least twenty-five years of service in such
uniformed force as a member of such system;
shall, upon retirement for service, receive, on account of the first
twenty-five years of service in such uniformed force, a pension or
retirement allowance which shall, subject to the provisions of this
section, be equal to one-half of his annual salary or compensation when
so retired.

3. Where a city-maintained pension or retirement system for such
members of such uniformed force of such city provides, upon retirement
for service, for a retirement allowance consisting of a pension (with or
without a pension for-increased-take-home-pay) plus an annuity which is
the actuarial equivalent of the member's accumulated contributions or
accumulated deductions at the time of his retirement, then in that event
there shall be added by the city, whenever required, a further pension
of such amount which, together with the member's annuity, shall be
sufficient to provide him with a retirement allowance equal to one-half
of his annual salary or compensation when so retired. For the purpose
only of determining the amount of the additional pension contributions
by the city that may be required, the member's annuity, if any, shall be
computed, as it would be, (a) if it were not reduced by the actuarial
equivalent of any outstanding loan, (b) if it were not increased by the
actuarial equivalent of any additional contributions, (c) if it were not
reduced by reason of the member's election to decrease his annuity
contributions in order to apply the amount of such reduction in payment
of his contributions for old-age and survivors insurance coverage, (d)
as it would be without any optional modification.

4. Where additional retirement benefits are payable under the
city-maintained pension or retirement system, such additional benefits
shall be paid, for service in addition to and in excess of twenty-five
years of service, in addition to the minimum retirement benefits
required to be paid by this section.

5. The provisions of this section shall not apply to members of the
New York state employees' retirement system.