S T A T E O F N E W Y O R K ________________________________________________________________________ 857--B 2015-2016 Regular Sessions I N A S S E M B L Y January 7, 2015 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the navigation law, in relation to the creation of a Hudson River pilots surcharge board; and to amend the navigation law, in relation to time restrictions on continuous pilotage on vessels transiting the Hudson River THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 4 of section 89-a of the navi- 2 gation law, as added by chapter 197 of the laws of 1990, is amended to 3 read as follows: 4 (a) Every foreign vessel and every American vessel under register 5 navigating the waters of that portion of the Hudson river specified in 6 this section shall be subject to BASE pilotage [fees, at the] rates 7 hereinafter specified in this subdivision: 8 S 2. Subparagraph 1 of paragraph (b) of subdivision 4 of section 89-a 9 of the navigation law, as amended by chapter 392 of the laws of 2006, is 10 amended to read as follows: 11 (1) (I) All vessels of 100 pilotage units and over shall pay $12.17 12 per pilotage unit for Section 1, Lower River; Yonkers, to all ports 13 through Hyde Park. 14 The following charges shall be applicable to Section 1, Lower River: 15 Up to 50 pilotage units ........................................ $852.97 16 More than 50 and up to 100 pilotage units ..................... $1217.00 17 All vessels of 100 pilotage units and over shall pay ............ $17.19 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04664-09-5 A. 857--B 2 1 per pilotage unit for Section 2, Upper River; Yonkers, to all ports 2 beyond Hyde Park through Albany or Troy. 3 The following charges shall be applicable to Section 2, Upper River: 4 Up to 50 pilotage units ....................................... $1406.05 5 More than 50 and up to 100 pilotage units ..................... $1719.00 6 A maximum charge of up to 500 pilotage units shall be applicable. 7 (II) TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS CLAUSE THE FOLLOW- 8 ING BASE PILOTAGE RATES SHALL BE APPLICABLE: 9 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.41 PER PILO- 10 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 11 PARK. 12 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 13 LOWER RIVER: 14 UP TO 50 PILOTAGE UNITS ........................................ $870.03 15 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1241.00 16 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS 17 SHALL BE APPLICABLE. 18 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 19 RATE OF .......................................................... 17.53 20 PER PILOTAGE UNIT FOR SECTION 2, 21 UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE 22 PARK THROUGH ALBANY OR TROY. 23 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 24 UPPER RIVER: 25 UP TO 50 PILOTAGE UNITS ....................................... $1434.17 26 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1753.00 27 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 28 (III) TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS CLAUSE THE 29 FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE: 30 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.66 PER PILO- 31 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 32 PARK. 33 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 34 LOWER RIVER: 35 UP TO 50 PILOTAGE UNITS ........................................ $887.43 36 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1266.00 37 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 38 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 39 RATE OF ......................................................... $17.88 40 PER PILOTAGE UNIT FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 41 BEYOND HYDE PARK THROUGH ALBANY OR TROY. 42 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 43 UPPER RIVER: 44 UP TO 50 PILOTAGE UNITS ....................................... $1462.85 45 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1788.00 46 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 47 (IV) THIRTY-SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS CLAUSE THE 48 FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE: 49 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.85 PER PILO- 50 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 51 PARK. 52 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 53 LOWER RIVER: A. 857--B 3 1 UP TO 50 PILOTAGE UNITS ........................................ $900.74 2 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1285.00 3 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 4 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 5 RATE OF ......................................................... $18.15 6 PER PILOTAGE UNIT FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 7 BEYOND HYDE PARK THROUGH ALBANY OR TROY. 8 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 9 UPPER RIVER: 10 UP TO 50 PILOTAGE UNITS ....................................... $1484.48 11 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1815.00 12 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 13 (V) FORTY-EIGHT MONTHS AFTER THE EFFECTIVE DATE OF THIS CLAUSE THE 14 FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE: 15 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $13.07 PER PILO- 16 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 17 PARK. 18 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 19 LOWER RIVER: 20 UP TO 50 PILOTAGE UNITS ........................................ $914.25 21 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1307.00 22 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 23 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 24 RATE OF ......................................................... $18.42 25 PER PILOTAGE UNIT FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 26 BEYOND HYDE PARK THROUGH ALBANY OR TROY. 27 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 28 UPPER RIVER: 29 UP TO 50 PILOTAGE UNITS ....................................... $1507.07 30 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1842.00 31 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 32 S 3. Paragraph (b) of subdivision 4 of section 89-a of the navigation 33 law is amended by adding two new subparagraphs 1-b and 1-c to read as 34 follows: 35 (1-B) THERE IS HEREBY CREATED A HUDSON RIVER PILOTS SURCHARGE BOARD 36 WHICH SHALL DETERMINE THE RATE OF THE SURCHARGE PROVIDED IN SUBPARAGRAPH 37 ONE-C OF THIS PARAGRAPH. THE SURCHARGE BOARD SHALL DETERMINE ELIGIBILITY 38 FOR BENEFITS PURSUANT TO SUBDIVISIONS FIVE AND EIGHT OF THIS SECTION. 39 THE HUDSON RIVER PILOTS SURCHARGE BOARD SHALL CONSIST OF TWO MEMBERS 40 AS FOLLOWS: THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF PILOTS OF THE 41 STATE OF NEW YORK, OR HIS OR HER DESIGNEE FROM THE BOARD OF COMMISSION- 42 ERS, AND THE PRESIDENT OF THE HUDSON RIVER PILOTS ASSOCIATION, OR HIS OR 43 HER DESIGNEE WHO MUST BE A MEMBER OF SUCH ASSOCIATION. IN THE EVENT THE 44 TWO MEMBERS CANNOT REACH A DECISION ON THE SURCHARGE RATE, A THIRD 45 MEMBER SHALL BE APPOINTED BY THE TWO MEMBERS FROM A LIST SUBMITTED BY 46 THE SOCIETY OF MARITIME ARBITRATORS FROM ITS LISTS OF COMMERCIAL ARBI- 47 TRATORS. IF, AFTER SUBMISSION OF SUCH A LIST, THE TWO MEMBERS OF THE 48 BOARD FAIL TO AGREE UPON A SINGLE ARBITRATOR AS THE THIRD MEMBER, THEN 49 THE SOCIETY OF MARITIME ARBITRATORS SHALL BE AUTHORIZED TO SELECT AND 50 SUBMIT THE NAME OF THE THIRD MEMBER FOR APPOINTMENT. SUCH THIRD MEMBER 51 SHALL BE APPOINTED WITHIN TEN DAYS OF A DEADLOCKED VOTE OF THE HUDSON 52 RIVER PILOTS SURCHARGE BOARD. SUCH MEMBERS SHALL VOTE AT MEETINGS CALLED 53 UPON WRITTEN NOTICE MAILED SEVEN CALENDAR DAYS IN ADVANCE OF THE MEET- 54 ING, TO DETERMINE THE RATE OF SURCHARGE, ASSISTED AS NECESSARY BY QUALI- 55 FIED ACTUARIES OR ACCOUNTANTS, AUTHORIZED IN CLAUSE (I) OF SUBPARAGRAPH 56 ONE-C OF THIS PARAGRAPH DURING EACH CALENDAR QUARTER IN TIME SUFFICIENT A. 857--B 4 1 FOR SUCH SURCHARGE TO BE IN EFFECT ON THE FOLLOWING JANUARY FIRST, APRIL 2 FIRST, JULY FIRST, AND OCTOBER FIRST OF EACH YEAR. WRITTEN NOTICE OF 3 MEETINGS MAY BE WAIVED IF DONE SO WITH UNANIMOUS CONSENT OF ALL BOARD 4 MEMBERS. MEMBERS OF THE HUDSON RIVER PILOTS SURCHARGE BOARD SHALL BE 5 SUBJECT TO SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW. 6 (1-C) (I) IN ADDITION TO THE BASE PILOTAGE CHARGE SET FORTH IN SUBPAR- 7 AGRAPH ONE OF THIS PARAGRAPH, THERE IS HEREBY ESTABLISHED A SURCHARGE ON 8 EVERY FOREIGN VESSEL AND EVERY AMERICAN VESSEL UNDER REGISTER NAVIGATING 9 THAT PORTION OF THE HUDSON RIVER SPECIFIED IN THIS SECTION. SUCH 10 SURCHARGE, AS DETERMINED QUARTERLY BY THE HUDSON RIVER PILOTS SURCHARGE 11 BOARD, SHALL BE IMPOSED FOR THE EXCLUSIVE PURPOSE OF THE FUNDING, ON A 12 SOUND ACTUARIAL BASIS, THE RETIREMENT BENEFITS FOR HUDSON RIVER PILOTS, 13 DESCRIBED IN CLAUSE (II) OF THIS SUBPARAGRAPH. 14 (II) THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS 15 SUBPARAGRAPH SHALL BE COMPUTED AS FOLLOWS: 16 PILOTAGE UNITS SURCHARGE 17 0 TO 50 $113.00 18 51 TO 100 $138.00 19 OVER 100 $1.38 PER PILOT UNIT 20 DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARA- 21 GRAPH. 22 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 23 GRAPH SHALL BE COMPUTED AS FOLLOWS: 24 PILOTAGE UNITS SURCHARGE 25 0 TO 50 $170.00 26 51 TO 100 $207.00 27 OVER 100 $2.07 PER PILOT UNIT 28 DURING THE PERIOD BEGINNING WITH THE THIRTEENTH MONTH AND ENDING WITH 29 THE TWENTY-FOURTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. 30 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 31 GRAPH SHALL BE COMPUTED AS FOLLOWS: 32 PILOTAGE UNITS SURCHARGE 33 0 TO 50 $213.00 34 51 TO 100 $260.00 35 OVER 100 $2.60 PER PILOT UNIT 36 DURING THE PERIOD BEGINNING WITH THE TWENTY-FIFTH MONTH AND ENDING WITH 37 THE THIRTY-SIXTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. 38 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 39 GRAPH SHALL BE COMPUTED AS FOLLOWS: 40 PILOTAGE UNITS SURCHARGE 41 0-50 $250.00 42 51-100 $305.00 43 OVER 100 $ 3.05 PER PILOT UNIT 44 DURING THE PERIOD BEGINNING WITH THE THIRTY-SEVENTH MONTH AND ENDING 45 WITH THE FORTY-EIGHTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARA- 46 GRAPH. 47 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 48 GRAPH SHALL BE COMPUTED AS FOLLOWS: 49 PILOTAGE UNITS SURCHARGE 50 0-50 $280.00 A. 857--B 5 1 51-100 $341.00 2 OVER 100 $ 3.41 PER PILOT UNIT 3 DURING THE PERIOD BEGINNING WITH THE FORTY-NINTH MONTH AND ENDING WITH 4 THE SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. 5 (III) FOLLOWING THE SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS 6 SUBPARAGRAPH, THE AMOUNT OF THE SURCHARGE AS DETERMINED BY THE SURCHARGE 7 BOARD SHALL NOT EXCEED THE GREATER OF THIRTY-FIVE PERCENT OF THE SUM OF 8 THE BASE PILOTAGE CHARGES COLLECTED PURSUANT TO THE RATE SET FORTH IN 9 THIS SUBPARAGRAPH FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 10 BEYOND HYDE PARK THROUGH ALBANY OR TROY, AS AMENDED, OR FIVE HUNDRED 11 THOUSAND DOLLARS, IN ANY CALENDAR YEAR. 12 (IV) THE SCALE OF CHARGES SET FORTH IN THIS SUBPARAGRAPH IS DEEMED A 13 PILOTAGE FEE AND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 14 NINETY-FIVE OF THIS ARTICLE. 15 (V) (A) THE PROCEEDS OF THE SURCHARGE PROVIDED FOR IN THIS SECTION 16 SHALL BE DEPOSITED IN AN ACCOUNT MAINTAINED BY THE HUDSON RIVER PILOTS 17 ASSOCIATION FOR THE BENEFIT OF HUDSON RIVER PILOTS ELIGIBLE FOR BENEFITS 18 AS PROVIDED IN THIS CLAUSE, FROM WHICH ACCOUNT ALL SUCH BENEFITS AND THE 19 REASONABLE EXPENSES FOR ADMINISTRATION THEREOF SHALL BE PAID. THE MONIES 20 ON DEPOSIT IN SUCH ACCOUNT SHALL BE REFERRED TO HEREAFTER AS THE 21 "RETIREMENT ASSETS". ALL RETIREMENT ASSETS SHALL BE USED EXCLUSIVELY TO 22 PAY A YEARLY TARGET RETIREMENT BENEFIT TO (I) HUDSON RIVER PILOTS ACTIVE 23 ON THE DATE PILOTAGE RATES ARE COMPUTED PURSUANT TO THIS SUBPARAGRAPH 24 AND THEREAFTER, UPON RETIREMENT ON OR AFTER THE AGE OF SIXTY; (II) 25 RETIRED HUDSON RIVER PILOTS OR HUDSON RIVER PILOTS RECEIVING BENEFITS ON 26 THE EFFECTIVE DATE OF THIS SECTION; AND (III) TO ELIGIBLE SURVIVING 27 SPOUSES OF RETIRED PILOTS. 28 (B) HUDSON RIVER PILOTS WHO ARE ALSO SANDY HOOK PILOTS ELIGIBLE TO 29 RECEIVE A FULL BRANCH RETIREMENT BENEFIT UNDER ITEM (B) OF SUBCLAUSE ONE 30 OF CLAUSE (II) OF SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION FOUR 31 OF SECTION EIGHTY-EIGHT OF THIS ARTICLE SHALL BE EXCLUDED FROM RECEIVING 32 ANY BENEFITS SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION. 33 (C) NO INDIVIDUAL OTHER THAN THOSE SPECIFIED IN SUBCLAUSE (A) OF THIS 34 CLAUSE SHALL BE ELIGIBLE FOR BENEFITS PURSUANT TO THE SURCHARGE 35 DESCRIBED IN CLAUSE (I) OF THIS SUBPARAGRAPH WITHOUT THE APPROVAL OF THE 36 HUDSON RIVER PILOTS SURCHARGE BOARD. 37 (D) THE FUNDS GENERATED BY THE SURCHARGE IMPOSED BY CLAUSE (I) OF THIS 38 SUBPARAGRAPH SHALL BE ADMINISTERED BY THE EXECUTIVE COMMITTEE OF THE 39 HUDSON RIVER PILOTS ASSOCIATION, OR ANY SUCCESSORS THERETO. ANY FUNDS 40 GENERATED BY THE SURCHARGE IMPOSED BY CLAUSE (I) OF THIS SUBPARAGRAPH 41 WHICH EXCEED THE FUNDS DEEMED SUFFICIENT TO PROVIDE THE BENEFITS SET 42 FORTH IN ITEMS (I) AND (III) OF SUBCLAUSE (A) OF THIS CLAUSE SHALL BE 43 USED TO DEFRAY THE RETIREMENT BENEFITS SET FORTH IN THIS SUBCLAUSE. 44 (E) THE SURCHARGES PURSUANT TO CLAUSE (I) OF THIS SUBPARAGRAPH SHALL 45 BE COLLECTED BY THE AGENT OF THE HUDSON RIVER PILOTS. FUNDS GENERATED 46 FOR THESE PURPOSES SHALL BE AUDITED ANNUALLY BY THE SURCHARGE BOARD TO 47 ENSURE PROPER FUNDING FOR THE PURPOSES SET FORTH IN CLAUSE (I) OF THIS 48 SUBPARAGRAPH. 49 S 4. Section 89-a of the navigation law is amended by adding five new 50 subdivisions 5, 6, 7, 8 and 9 to read as follows: 51 5. EACH HUDSON RIVER PILOT WHO ENTERED SERVICE AFTER TWO THOUSAND FIVE 52 AS A HUDSON RIVER PILOT SHALL PARTICIPATE IN SUCH QUALIFIED RETIREMENT 53 PROGRAM AS ADOPTED BY EACH SUCH PILOT AND FUNDED BY SUCH PORTION OF THE 54 SURCHARGE ALLOCATED THERETO BY THE SURCHARGE BOARD TO PROVIDE A CONTRIB- 55 UTION OF AN AMOUNT EQUIVALENT TO TWELVE PERCENT OF THE EARNINGS FROM 56 SERVICE AS AN ACTIVE HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE A. 857--B 6 1 TARIFFS SET FORTH IN SUBPARAGRAPH ONE-C OF PARAGRAPH (B) OF SUBDIVISION 2 FOUR OF THIS SECTION. SUCH AMOUNT SHALL BE TRANSFERRED DIRECTLY BY THE 3 AGENT TO SUCH PILOT'S RETIREMENT ACCOUNT, IT BEING UNDERSTOOD THAT SUCH 4 PILOT'S ENTIRE RETIREMENT BENEFIT WILL BE PROVIDED SOLELY BY THE ACCOUNT 5 BALANCE OF SUCH RETIREMENT ACCOUNT ON THE DATE OF RETIREMENT. IN ADDI- 6 TION, SUCH SURCHARGE SHALL BE USED TO PURCHASE LIFE AND DISABILITY 7 INSURANCE COVERAGE FROM AN INSURANCE COMPANY SELECTED BY THE BOARD. SUCH 8 DISABILITY INSURANCE SHALL PROVIDE A DISABILITY BENEFIT COMPUTED AS A 9 SINGLE LIFE ANNUITY, EQUAL TO FIFTY PERCENT OF THE AMOUNT WHICH IS EQUAL 10 TO SUCH PILOT'S EARNINGS FROM SERVICE AS AN ACTIVE HUDSON RIVER PILOT 11 BASED UPON THE BASE PILOTAGE TARIFFS SET FORTH IN SUBPARAGRAPH ONE-C OF 12 PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION DURING THE LAST FULL 13 CALENDAR YEAR OF SERVICE AS AN ACTIVE HUDSON RIVER PILOT PRIOR TO DISA- 14 BILITY, UNTIL THE AGE OF SIXTY. IN THE EVENT SUCH DISABILITY INSURANCE 15 IS UNAVAILABLE, EACH SUCH PILOT ELIGIBLE FOR SICK RETIREMENT BENEFITS 16 SHALL RECEIVE, A YEARLY BENEFIT COMPUTED AS A SINGLE LIFE ANNUITY EQUAL 17 TO THE SUM OF TEN PERCENT OF THE AMOUNT WHICH IS EQUAL TO THE EARNINGS 18 FROM SERVICE AS AN ACTIVE HUDSON RIVER PILOT BASED UPON THE PILOTAGE 19 TARIFFS SET FORTH IN SUBPARAGRAPH ONE-C OF PARAGRAPH (B) OF SUBDIVISION 20 FOUR OF THIS SECTION DURING THE LAST FULL CALENDAR YEAR OF SERVICE AS AN 21 ACTIVE HUDSON RIVER PILOT PRIOR TO DISABILITY AND ONE AND SIX-TENTHS 22 PERCENT FOR EACH YEAR OF SERVICE AFTER THE FIRST YEAR TO A MAXIMUM OF 23 FIFTY PERCENT OF THE AMOUNT WHICH IS EQUAL TO THE EARNINGS FROM SERVICE 24 AS AN ACTIVE HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE TARIFFS SET 25 FORTH IN SUBPARAGRAPH ONE-C OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS 26 SECTION DURING THE LAST FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE 27 HUDSON RIVER PILOT PRIOR TO DISABILITY, UNTIL THE AGE OF SIXTY. 28 6. HUDSON RIVER PILOTS WHO RETIRED BEFORE NINETEEN EIGHTY SHALL 29 RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE AMOUNT OF THIRTY-FOUR THOU- 30 SAND NINE HUNDRED NINETY-FIVE DOLLARS; THOSE WHO RETIRED FROM NINETEEN 31 EIGHTY-ONE THROUGH NINETEEN NINETY SHALL RECEIVE AN ANNUAL RETIREMENT 32 BENEFIT IN THE AMOUNT OF THIRTY-NINE THOUSAND NINE HUNDRED NINETY-FIVE 33 DOLLARS; THOSE WHO RETIRED FROM NINETEEN HUNDRED NINETY-ONE THROUGH TWO 34 THOUSAND SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE AMOUNT OF 35 FORTY-FOUR THOUSAND NINE HUNDRED NINETY-FOUR DOLLARS; THOSE WHO RETIRED 36 IN TWO THOUSAND ONE SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE 37 AMOUNT OF FIFTY-EIGHT THOUSAND FOUR HUNDRED NINETY-TWO DOLLARS; THOSE 38 WHO RETIRED IN TWO THOUSAND EIGHT SHALL RECEIVE AN ANNUAL RETIREMENT 39 BENEFIT IN THE AMOUNT OF FIFTY-NINE THOUSAND NINE HUNDRED NINETY-TWO 40 DOLLARS; THOSE WHO RETIRED IN TWO THOUSAND TEN SHALL RECEIVE AN ANNUAL 41 RETIREMENT BENEFIT IN THE AMOUNT OF FORTY-NINE THOUSAND NINE HUNDRED 42 NINETY-THREE DOLLARS; AN ACTIVE HUDSON RIVER PILOT WHO RETIRES BEFORE 43 TWO THOUSAND SIXTEEN SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE 44 AMOUNT OF EIGHTY-FOUR THOUSAND SIX HUNDRED DOLLARS. 45 7. (A) A HUDSON RIVER PILOT ELIGIBLE FOR BENEFITS SET FORTH IN SUBDI- 46 VISION FIVE OF THIS SECTION, WHO RETIRES, SHALL NOT BE ENTITLED TO 47 COMMENCE RECEIVING BENEFITS UNTIL THE COMMENCEMENT OF THE BENEFIT 48 PAYMENT PERIOD NEXT FOLLOWING THE DATE ON WHICH SUCH PILOT RETIRED OR 49 BECAME ELIGIBLE FOR DISABILITY RETIREMENT BENEFITS. FOR ACCOUNTING 50 PURPOSES, THE BENEFIT PAYMENT PERIODS SHALL CONSIST OF A FULL CALENDAR 51 QUARTER COMMENCING ON JANUARY FIRST, APRIL FIRST, JULY FIRST, AND OCTO- 52 BER FIRST OF EACH YEAR, BUT THE FIRST PAYMENTS OF BENEFITS SHALL BE MADE 53 DURING THE MONTHS OF MARCH, JUNE, SEPTEMBER, AND DECEMBER. 54 (B) NO ACTIVE HUDSON RIVER PILOT SHALL COMMENCE RECEIVING BENEFITS 55 UNTIL A PROPERLY COMPLETED RESIGNATION AS AN ACTIVE PILOT SPECIFYING A 56 PROPOSED DATE OF RETIREMENT HAS BEEN SUBMITTED IN WRITING TO THE HUDSON A. 857--B 7 1 RIVER PILOTS EXECUTIVE COMMITTEE, OR SUCCESSOR THERETO, PRIOR TO NOVEM- 2 BER FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF THE 3 FOLLOWING JANUARY; PRIOR TO FEBRUARY FIRST, IF RETIREMENT IS TO BECOME 4 EFFECTIVE ON THE FIRST DAY OF THE FOLLOWING APRIL; PRIOR TO MAY FIRST, 5 IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF THE FOLLOWING 6 JULY; AND, PRIOR TO AUGUST FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE 7 ON THE FIRST DAY OF THE FOLLOWING OCTOBER. 8 (C) FOR THE PURPOSE OF THE COMPUTATIONS DESCRIBED IN SUBDIVISION FIVE 9 OF THIS SECTION, SERVICE BY A PILOT OF MORE THAN SIX MONTHS OF SUCH 10 PILOT'S LAST CALENDAR YEAR AS AN ACTIVE PILOT SHALL BE CONSIDERED A FULL 11 CALENDAR YEAR. 12 (D) IF A RETIRED HUDSON RIVER PILOT DIES WITHOUT A SURVIVING SPOUSE, 13 THE BALANCE OF THE YEARLY PENSION BENEFIT FOR THE REMAINDER OF THE BENE- 14 FIT PAYMENT PERIOD SHALL BE PAID TO THE DECEASED PILOT'S ESTATE OR 15 DESIGNATED BENEFICIARY AFTER WHICH ALL RIGHTS TO BENEFITS SHALL BE 16 TERMINATED. 17 8. (A) THE ELIGIBLE SURVIVING SPOUSE OF A HUDSON RIVER PILOT DESCRIBED 18 IN SUBDIVISION FIVE OF THIS SECTION WHO DIES WHILE IN ACTIVE SERVICE 19 SHALL RECEIVE A YEARLY PENSION BENEFIT EQUAL TO FIFTY PERCENT OF THE 20 AMOUNT WHICH SUCH DECEASED PILOT WOULD HAVE RECEIVED UNDER SUBDIVISION 21 FIVE OF THIS SECTION HAD RETIREMENT IMMEDIATELY PRECEDED THE DATE OF 22 DEATH. 23 (B) WITH RESPECT TO HUDSON RIVER PILOTS DESCRIBED IN SUBDIVISION FIVE 24 OF THIS SECTION, THE ELIGIBLE SURVIVING SPOUSE OF A DECEASED RETIRED 25 HUDSON RIVER PILOT RECEIVING RETIREMENT BENEFITS ON THE DATE OF DEATH, 26 SHALL RECEIVE A YEARLY BENEFIT EQUAL TO THE DECEASED PILOT'S BENEFIT FOR 27 THE REMAINDER OF THE BENEFIT PAYMENT PERIOD IN WHICH DEATH OCCURRED, AND 28 THEREAFTER FIFTY PERCENT OF THE AMOUNT RECEIVED BY THE DECEASED PILOT ON 29 THE DATE OF DEATH. 30 (C) UPON THE DEATH OF THE ELIGIBLE SURVIVING SPOUSE OF A DECEASED 31 HUDSON RIVER PILOT WHO WAS RECEIVING BENEFITS, THE BALANCE OF THE YEARLY 32 PENSION BENEFIT FOR THE REMAINDER OF THE BENEFIT PAYMENT PERIOD SHALL BE 33 PAID TO THE DECEASED SURVIVING SPOUSE'S ESTATE OR DESIGNATED BENEFICIARY 34 AFTER WHICH ALL RIGHTS TO BENEFITS SHALL TERMINATE. 35 9. A "HUDSON RIVER PILOT" FOR THE PURPOSES OF THIS SECTION IS DEFINED 36 AS AN INDIVIDUAL HOLDING A LICENSE TO ACT AS HUDSON RIVER PILOT FOR THE 37 WATERS OF THE HUDSON RIVER NORTH OF A LINE RUNNING FROM THE FOOT OF MAIN 38 STREET IN YONKERS TO ALPINE, NEW JERSEY AND SOUTH OF THE DAM AT TROY, 39 ISSUED BY THE BOARD OF COMMISSIONERS OF PILOTS OF THE STATE OF NEW YORK. 40 A "RETIRED HUDSON RIVER PILOT" FOR THE PURPOSES OF THIS SECTION IS A 41 PILOT WHO RETIRED FROM ACTIVE SERVICE IN THE HUDSON RIVER PILOTS ASSOCI- 42 ATION. AN "ELIGIBLE SURVIVING SPOUSE" FOR THE PURPOSES OF THIS SECTION 43 IS DEFINED AS A SPOUSE OF A DECEASED PILOT MARRIED AT LEAST ONE YEAR 44 PRIOR TO THE DATE OF DEATH OF THE DECEASED PILOT. 45 S 5. This act shall take effect on the ninetieth day after it shall 46 have become a law.