Bill Text: NY S06988 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes twenty-five year retirement programs for members of the New York city employees' retirement system employed as fire protection inspectors and associate fire protection inspectors.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Vetoed) 2022-12-16 - VETOED MEMO.129 [S06988 Detail]
Download: New_York-2021-S06988-Introduced.html
Bill Title: Establishes twenty-five year retirement programs for members of the New York city employees' retirement system employed as fire protection inspectors and associate fire protection inspectors.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Vetoed) 2022-12-16 - VETOED MEMO.129 [S06988 Detail]
Download: New_York-2021-S06988-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6988 2021-2022 Regular Sessions IN SENATE May 20, 2021 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law and the adminis- trative code of the city of New York, in relation to the establishment of twenty-five year retirement programs for members of the New York city employees' retirement system employed as fire protection inspec- tors and associate fire protection inspectors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision a of section 444 of the retirement and social 2 security law, as amended by section 141 of subpart B of part C of chap- 3 ter 62 of the laws of 2011, is amended to read as follows: 4 a. Except as provided in subdivision c of section four hundred forty- 5 five-a of this article, subdivision c of section four hundred forty- 6 five-b of this article, subdivision c of section four hundred forty- 7 five-c of this article, subdivision c of section four hundred 8 forty-five-d of this article as added by chapter four hundred seventy- 9 two of the laws of nineteen hundred ninety-five, subdivision c of 10 section four hundred forty-five-e of this article, subdivision c of 11 section four hundred forty-five-f of this article [and], subdivision c 12 of section four hundred forty-five-h of this article and subdivision c 13 of section four hundred forty-five-j of this article, the maximum 14 retirement benefit computed without optional modification provided to a 15 member of a retirement system who is subject to the provisions of this 16 article, other than a police officer, a firefighter, an investigator 17 member of the New York city employees' retirement system, a member of 18 the uniformed personnel in institutions under the jurisdiction of the 19 New York city department of correction who receives a performance of 20 duty disability retirement allowance, a member of the uniformed person- 21 nel in institutions under the jurisdiction of the department of 22 corrections and community supervision or a security hospital treatment EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08561-01-1S. 6988 2 1 assistant, as those terms are defined in subdivision i of section eight- 2 y-nine of this chapter, who receives a performance of duty disability 3 retirement allowance, a member of a teachers' retirement system, New 4 York city employees' retirement system, New York city board of education 5 retirement system or a member of the New York state and local employees' 6 retirement system or a member of the New York city employees' retirement 7 system or New York city board of education retirement system employed as 8 a special officer, parking control specialist, school safety agent, 9 campus peace officer, taxi and limousine inspector or a police communi- 10 cations member and who receives a performance of duty disability 11 pension, from funds other than those based on a member's own or 12 increased-take-home-pay contributions, shall, before any reduction for 13 early retirement, be sixty per centum of the first fifteen thousand 14 three hundred dollars of final average salary, and fifty per centum of 15 final average salary in excess of fifteen thousand three hundred 16 dollars, and forty per centum of final average salary in excess of twen- 17 ty-seven thousand three hundred dollars, provided, however, that the 18 benefits provided by subdivision c of section four hundred forty-five-d 19 of this article as added by chapter four hundred seventy-two of the laws 20 of nineteen hundred ninety-five based upon the additional member 21 contributions required by subdivision d of such section four hundred 22 forty-five-d shall be subject to the maximum retirement benefit computa- 23 tions set forth in this section. The maximum retirement benefit computed 24 without optional modification payable to a police officer, an investi- 25 gator member of the New York city employees' retirement system or a 26 firefighter shall equal that payable upon completion of thirty years of 27 service, except that the maximum service retirement benefit computed 28 without optional modification shall equal that payable upon completion 29 of thirty-two years of service. 30 § 2. Subdivision a of section 445 of the retirement and social securi- 31 ty law, as amended by chapter 476 of the laws of 2018, is amended to 32 read as follows: 33 a. No member of a retirement system who is subject to the provisions 34 of this article shall retire without regard to age, exclusive of retire- 35 ment for disability, unless he or she is a police officer, an investi- 36 gator member of the New York city employees' retirement system, fire- 37 fighter, correction officer, a qualifying member as defined in section 38 eighty-nine-t, as added by chapter six hundred fifty-seven of the laws 39 of nineteen hundred ninety-eight, of this chapter, sanitation worker, a 40 special officer (including persons employed by the city of New York in 41 the title urban park ranger or associate urban park ranger), school 42 safety agent, campus peace officer or a taxi and limousine commission 43 inspector member of the New York city employees' retirement system or 44 the New York city board of education retirement system, a dispatcher 45 member of the New York city employees' retirement system, a police 46 communications member of the New York city employees' retirement system, 47 an EMT member of the New York city employees' retirement system, a depu- 48 ty sheriff member of the New York city employees' retirement system, a 49 fire protection inspector member of the New York city employees' retire- 50 ment system, a correction officer of the Westchester county correction 51 department as defined in section eighty-nine-e of this chapter or 52 employed in Suffolk county as a peace officer, as defined in section 53 eighty-nine-s, as added by chapter five hundred eighty-eight of the laws 54 of nineteen hundred ninety-seven, of this chapter, employed in Suffolk 55 county as a correction officer, as defined in section eighty-nine-f of 56 this chapter, or employed in Nassau county as a correction officer,S. 6988 3 1 uniformed correction division personnel, sheriff, undersheriff or deputy 2 sheriff, as defined in section eighty-nine-g of this chapter, or 3 employed in Nassau county as an ambulance medical technician, an ambu- 4 lance medical technician/supervisor or a member who performs ambulance 5 medical technician related services, as defined in section 6 eighty-nine-s, as amended by chapter five hundred seventy-eight of the 7 laws of nineteen hundred ninety-eight, of this chapter, or employed in 8 Nassau county as a peace officer, as defined in section eighty-nine-s, 9 as added by chapter five hundred ninety-five of the laws of nineteen 10 hundred ninety-seven, of this chapter, or employed in Albany county as a 11 sheriff, undersheriff, deputy sheriff, correction officer or identifica- 12 tion officer, as defined in section eighty-nine-h of this chapter or is 13 employed in St. Lawrence county as a sheriff, undersheriff, deputy sher- 14 iff or correction officer, as defined in section eighty-nine-i of this 15 chapter or is employed in Orleans county as a sheriff, undersheriff, 16 deputy sheriff or correction officer, as defined in section 17 eighty-nine-l of this chapter or is employed in Jefferson county as a 18 sheriff, undersheriff, deputy sheriff or correction officer, as defined 19 in section eighty-nine-j of this chapter or is employed in Onondaga 20 county as a deputy sheriff-jail division competitively appointed or as a 21 correction officer, as defined in section eighty-nine-k of this chapter 22 or is employed in a county which makes an election under subdivision j 23 of section eighty-nine-p of this chapter as a sheriff, undersheriff, 24 deputy sheriff or correction officer as defined in such section eighty- 25 nine-p or is employed in Broome County as a sheriff, undersheriff, depu- 26 ty sheriff or correction officer, as defined in section eighty-nine-m of 27 this chapter or is a Monroe county deputy sheriff-court security, or 28 deputy sheriff-jailor as defined in section eighty-nine-n, as added by 29 chapter five hundred ninety-seven of the laws of nineteen hundred nine- 30 ty-one, of this chapter or is employed in Greene county as a sheriff, 31 undersheriff, deputy sheriff or correction officer, as defined in 32 section eighty-nine-o of this chapter or is a traffic officer with the 33 town of Elmira as defined in section eighty-nine-q of this chapter or is 34 employed by Suffolk county as a park police officer, as defined in 35 section eighty-nine-r of this chapter or is a peace officer employed by 36 a county probation department as defined in section eighty-nine-t, as 37 added by chapter six hundred three of the laws of nineteen hundred nine- 38 ty-eight, of this chapter or is employed in Rockland county as a deputy 39 sheriff-civil as defined in section eighty-nine-v of this chapter as 40 added by chapter four hundred forty-one of the laws of two thousand one, 41 or is employed in Rockland county as a superior correction officer as 42 defined in section eighty-nine-v of this chapter as added by chapter 43 five hundred fifty-six of the laws of two thousand one or is a paramedic 44 employed by the police department in the town of Tonawanda and retires 45 under the provisions of section eighty-nine-v of this chapter, as added 46 by chapter four hundred seventy-two of the laws of two thousand one, or 47 is a county fire marshal, supervising fire marshal, fire marshal, 48 assistant fire marshal, assistant chief fire marshal or chief fire 49 marshal employed by the county of Nassau as defined in section eighty- 50 nine-w of this chapter and is in a plan which permits immediate retire- 51 ment upon completion of a specified period of service without regard to 52 age. Except as provided in subdivision c of section four hundred forty- 53 five-a of this article, subdivision c of section four hundred forty- 54 five-b of this article, subdivision c of section four hundred forty- 55 five-c of this article, subdivision c of section four hundred 56 forty-five-d of this article, subdivision c of section four hundredS. 6988 4 1 forty-five-e of this article, subdivision c of section four hundred 2 forty-five-f of this article [and], subdivision c of section four 3 hundred forty-five-h of this article, and subdivision c of section four 4 hundred forty-five-j of this article, a member in such a plan and such 5 an occupation, other than a police officer or investigator member of the 6 New York city employees' retirement system or a firefighter, shall not 7 be permitted to retire prior to the completion of twenty-five years of 8 credited service; provided, however, if such a member in such an occupa- 9 tion is in a plan which permits retirement upon completion of twenty 10 years of service regardless of age, he or she may retire upon completion 11 of twenty years of credited service and prior to the completion of twen- 12 ty-five years of service, but in such event the benefit provided from 13 funds other than those based on such a member's own contributions shall 14 not exceed two per centum of final average salary per each year of cred- 15 ited service. 16 § 3. The retirement and social security law is amended by adding a new 17 section 445-j to read as follows: 18 § 445-j. Optional twenty-five year improved benefit retirement program 19 for fire protection inspector members. a. Definitions. The following 20 words and phrases as used in this section shall have the following mean- 21 ings unless a different meaning is plainly required by the context. 22 1. "Retirement system" shall mean the New York city employees' retire- 23 ment system. 24 2. "Fire protection inspector member" shall mean (i) a member of the 25 retirement system who is subject to the provisions of this article, who 26 is employed by the city of New York or by the New York city fire depart- 27 ment in a title whose duties are those of a fire protection inspector or 28 associate fire protection inspector; and (ii) a member of the retirement 29 system who, on the effective date of this section or thereafter, was 30 employed by the city of New York or by the New York city fire department 31 in a title whose duties are those of a fire protection inspector or 32 associate fire protection inspector and who, subsequent thereto, became 33 employed by the city of New York or by the New York city fire department 34 in a title whose duties require the supervision of employees whose 35 duties are those of a fire protection inspector or associate fire 36 protection inspector. 37 3. "Twenty-five year improved benefit retirement program" shall mean 38 all the terms and conditions of this section. 39 4. "Starting date of the twenty-five year improved benefit retirement 40 program" shall mean the effective date of this section, as such date is 41 certified pursuant to section forty-one of the legislative law. 42 5. "Participant in the twenty-five year improved benefit retirement 43 program" shall mean any fire protection inspector member who, under the 44 applicable provisions of subdivision b of this section, is entitled to 45 the rights, benefits and privileges and is subject to the obligations of 46 the twenty-five year improved benefit retirement program, as applicable 47 to him or her. 48 6. "Administrative code" shall mean the administrative code of the 49 city of New York. 50 7. "Accumulated deductions" shall mean accumulated deductions as 51 defined in subdivision eleven of section 13-101 of the administrative 52 code. 53 8. "Optional retirement provisions" shall mean the right to retire and 54 receive a retirement allowance under this section upon the completion of 55 twenty-five years of credited service.S. 6988 5 1 9. "Credited service" for purposes of this section shall mean all 2 service as a fire protection inspector member. 3 b. Election of twenty-five year improved benefit retirement program. 4 1. Subject to the provisions of paragraphs five and six of this subdivi- 5 sion, any person who is a fire protection inspector member on the start- 6 ing date of the twenty-five year improved benefit retirement program may 7 elect to become a participant in the twenty-five year improved benefit 8 retirement program by filing, within one hundred eighty days after such 9 starting date, a duly executed application for such participation with 10 the retirement system, provided he or she is such a fire protection 11 inspector member on the date such application is filed. 12 2. Subject to the provision of paragraphs five and six of the this 13 subdivision, any person who becomes a fire protection inspector member 14 after the starting date of the twenty-five year improved benefit retire- 15 ment program may elect to become a participant in the twenty-five year 16 improved benefit retirement program by filing, within one hundred eighty 17 days after becoming such a fire protection inspector member, a duly 18 executed application for such participation with the retirement system, 19 provided he or she is such a fire protection inspector member on the 20 date such application is filed. 21 3. Any election to be a participant in the twenty-five year improved 22 benefit retirement program shall be irrevocable. 23 4. Where any participant in the twenty-five year improved benefit 24 retirement program shall cease to hold a position as a fire protection 25 inspector member, he or she shall cease to be such a participant and, 26 during any period in which such a person does not hold such a fire 27 protection inspector position, he or she shall not be a participant in 28 the twenty-five year improved benefit retirement program and shall not 29 be eligible for the benefits of subdivision c of this section. 30 5. Where any participant in the twenty-five year improved benefit 31 retirement program terminates service as a fire protection inspector 32 member and returns to such service as a fire protection inspector member 33 at a later date, he or she shall again become such a participant on that 34 date. 35 6. Notwithstanding any other provision of law to the contrary, any 36 person who is eligible to become a participant in the twenty-five year 37 improved benefit retirement program pursuant to paragraph one or two of 38 this subdivision for the full one hundred eighty day period provided for 39 in such applicable paragraph and who fails to timely file a duly 40 executed application for such participation with the retirement system, 41 shall not thereafter be eligible to become a participant in such 42 program. 43 c. Service retirement benefits. Notwithstanding any other provision of 44 law to the contrary, where a participant in the twenty-five year 45 improved benefit retirement program, who is otherwise qualified for a 46 retirement allowance pursuant to the optional retirement provision set 47 forth in subdivision a of this section, has made and/or paid, while he 48 or she is a fire protection inspector member, all additional member 49 contributions and interest (if any) required by subdivision d of this 50 section, then: 51 1. that participant, while he or she remains a participant, shall not 52 be subject to the provisions of subdivision a of section four hundred 53 forty-five of this article; and 54 2. if that participant, while such a participant, retires from 55 service, he or she shall not be subject to the provisions of section 56 four hundred forty-four of this article; andS. 6988 6 1 3. his or her retirement allowance shall be an amount, on account of 2 the required minimum period of service, equal to the sum of (i) an annu- 3 ity which shall be the actuarial equivalent of the accumulated 4 deductions from his or her pay during such period, (ii) a pension for 5 increased-take-home-pay which shall be the actuarial equivalent of the 6 reserve for increased-take-home-pay to which he or she may be entitled, 7 for such period, and (iii) a pension which, when added to such annuity 8 and such pension for increased-take-home-pay, produces a retirement 9 allowance equal to fifty percent of his or her final average salary, 10 plus an amount for each additional year of allowable service as a fire 11 protection inspector member, or fraction thereof, beyond such required 12 minimum period of service equal to two percent of his or her final aver- 13 age salary for such allowable service as a fire protection inspector 14 member during the period from completion of twenty-five years of allow- 15 able service as a fire protection inspector member to the date of 16 retirement but not to exceed more than five years of additional service 17 as a fire protection inspector member. 18 d. Additional member contributions. 1. In addition to the member 19 contributions required pursuant to section 13-125 or 13-162 of the 20 administrative code, each participant in the twenty-five year improved 21 benefit retirement program shall contribute, subject to the applicable 22 provisions of section 13-125.2 of the administrative code, an additional 23 six and twenty-five one-hundredths percent of his or her compensation 24 earned from all allowable service as a fire protection inspector member, 25 as a participant in the twenty-five year improved benefit retirement 26 program, rendered on and after the starting date of the improved benefit 27 retirement program, and all allowable service as a fire protection 28 inspector member after such person ceases to be a participant, but 29 before he or she again becomes a participant pursuant to paragraph five 30 of subdivision b of this section. A participant in the twenty-five year 31 improved benefit retirement program shall contribute additional member 32 contributions until the later of the date as of which he or she is 33 eligible to retire with thirty years of allowable service as a fire 34 protection inspector member under such retirement program, or the first 35 anniversary of the starting date of the twenty-five year improved bene- 36 fit retirement program. The additional contributions required by this 37 section shall be in lieu of additional member contributions required by 38 subdivision d of section four hundred forty-five-d of this chapter, as 39 added by chapter ninety-six of the laws of nineteen hundred ninety-five, 40 and no member paying additional contributions pursuant to this section 41 shall be required to pay additional contributions pursuant to such 42 subdivision d of section four hundred forty-five-d of this article. 43 2. Commencing with the first full payroll period after each person 44 becomes a participant in the twenty-five year improved benefit retire- 45 ment program, additional member contributions at the rate specified in 46 paragraph one of this subdivision shall be deducted, subject to the 47 applicable provisions of section 13-125.2 of the administrative code, 48 from the compensation of such participant on each and every payroll of 49 such participant for each and every payroll period for which he or she 50 is such a participant. 51 3. (i) Subject to the provisions of subparagraph (ii) of this para- 52 graph, where any additional member contributions required by paragraph 53 one of this subdivision are not paid by deductions from a participant's 54 compensation pursuant to paragraph two of this subdivision:S. 6988 7 1 (A) that participant shall be charged with a contribution deficiency 2 consisting of such unpaid amounts, together with interest thereon, 3 compounded annually; and 4 (B) such interest on each amount of undeducted contributions shall 5 accrue from the end of the payroll period for which such amount would 6 have been deducted from compensation if he or she had been a participant 7 at the beginning of that payroll period and such deductions had been 8 required for such payroll period until such amount is paid to the 9 retirement system; and 10 (C) (1) interest on each such amount included in such participant's 11 contribution deficiency pursuant to this subparagraph shall be calcu- 12 lated as if such additional member contributions never had been paid by 13 such participant, and such interest shall accrue from the end of the 14 payroll period to which an amount of such additional member contribution 15 is attributable, compounded annually, until such amount is paid to the 16 retirement system; 17 (2) the rate of interest to be applied to each such amount during the 18 period for which interest accrues on that amount shall be equal to the 19 rate or rates of interest required by law to be used during that same 20 period to credit interest on the accumulated deductions of retirement 21 system members; 22 (ii) Except as provided in subparagraph (iii) of this paragraph, no 23 interest shall be due on any unpaid additional contributions which are 24 not attributable to the period prior to the first full payroll period 25 referred to in paragraph two of this subdivision; 26 (iii) Should any person who, pursuant to paragraph seven of this 27 subdivision has withdrawn any additional member contributions (and any 28 interest paid thereon) again become a participant in the twenty-five 29 year improved benefit retirement program pursuant to paragraph five of 30 subdivision b of this section, an appropriate amount shall be included 31 in such participant's contribution deficiency (including interest there- 32 on as calculated pursuant to this paragraph) for any credited service 33 with respect to which such person received a refund of additional member 34 contributions (including any amount of an unpaid loan balance deemed to 35 have been returned to such person pursuant to paragraph seven of this 36 subdivision), as if such additional member contributions never had been 37 paid. 38 4. The board of trustees of the retirement system may, consistent with 39 the provisions of this subdivision, promulgate regulations for the 40 payment of the additional member contributions required by this subdivi- 41 sion, and any interest thereon, by a participant in the twenty-five year 42 improved benefit retirement program (including the deduction of such 43 contributions, and any interest thereon, from his or her compensation). 44 5. Where a participant who is otherwise eligible for service retire- 45 ment pursuant to subdivision c of this section did not, prior to the 46 effective date of retirement, pay the entire amount of a contribution 47 deficiency chargeable to him or her pursuant to paragraph three of this 48 subdivision, or repay the entire amount of a loan of his or her addi- 49 tional member contributions pursuant to paragraph eight of this subdivi- 50 sion (including accrued interest on such loan), that participant, never- 51 theless, shall be eligible to retire pursuant to subdivision c of this 52 section, provided, however, that where such participant is not entitled 53 to a refund of additional member contributions pursuant to paragraph 54 seven of this subdivision, such participant's service retirement benefit 55 calculated pursuant to the applicable provisions of subdivision c of 56 this section shall be reduced by a life annuity (calculated in accord-S. 6988 8 1 ance with the method set forth in subdivision i of section six hundred 2 thirteen-b of this chapter) which is actuarially equivalent to (i) the 3 amount of any unpaid contribution deficiency chargeable to such member 4 pursuant to paragraph three of this subdivision; plus (ii) the amount of 5 any unpaid balance of a loan of his or her additional member contrib- 6 utions pursuant to paragraph eight of this subdivision (including 7 accrued interest on such loan). 8 6. Subject to the provisions of paragraph five of this subdivision, 9 where a participant has not paid in full any contribution deficiency 10 chargeable to him or her pursuant to paragraph three of this subdivi- 11 sion, and a benefit, other than a refund of a member's accumulated 12 deductions or a refund of additional member contributions pursuant to 13 paragraph seven of this subdivision, becomes payable by the retirement 14 system to the participant or to his or her designated beneficiary or 15 estate, the actuarial equivalent of any such unpaid amount shall be 16 deducted from the benefit otherwise payable. 17 7. (i) All additional member contributions required by this subdivi- 18 sion (and any interest thereon) which are received by the retirement 19 system shall be paid into its contingent reserve fund and shall be the 20 property of the retirement system. Such additional member contributions 21 (and any interest thereon) shall not for any purpose be deemed to be 22 member contributions or accumulated deductions of a member of the 23 retirement system under section 13-125 or 13-162 of the administrative 24 code while he or she is a participant in the twenty-five year improved 25 benefit retirement program or otherwise. 26 (ii) Should a participant in the twenty-five year improved benefit 27 retirement program, who has rendered less than fifteen years of credited 28 service cease to hold a position as a fire protection inspector member 29 for any reason whatsoever, his or her accumulated additional member 30 contributions made pursuant to this subdivision (together with any 31 interest thereon paid to the retirement system) which remain credited to 32 such participant's account may be withdrawn by him or her pursuant to 33 procedures promulgated in regulations of the board of trustees of the 34 retirement system, together with interest thereon at the rate of inter- 35 est required by law to be used to credit interest on the accumulated 36 deductions of retirement system members compounded annually. 37 (iii) Notwithstanding any other provision of law to the contrary, (A) 38 no person shall be permitted to withdraw from the retirement system any 39 additional member contributions paid pursuant to this subdivision or any 40 interest paid thereon, except pursuant to and in accordance with the 41 preceding subparagraphs of this paragraph; and 42 (B) no person, while he or she is a participant in the twenty-five 43 year improved benefit retirement program, shall be permitted to withdraw 44 any such additional member contributions or any interest paid thereon 45 pursuant to any of the preceding subparagraphs of this paragraph or 46 otherwise. 47 8. A participant in the twenty-five year improved benefit retirement 48 program shall be permitted to borrow from his or her additional member 49 contributions, including any interest paid thereon, which are credited 50 to the additional contributions account established for such participant 51 in the contingent reserve fund of the retirement system. The borrowing 52 from such additional member contributions pursuant to this paragraph 53 shall be governed by the same rights, privileges, obligations and proce- 54 dures set forth in section six hundred thirteen-b of this chapter which 55 govern the borrowing by members subject to article fifteen of this chap- 56 ter of member contributions made pursuant to section six hundred thir-S. 6988 9 1 teen of this chapter. The board of trustees of the retirement system 2 may, consistent with the provisions of this subdivision and the 3 provisions of section six hundred thirteen-b of this chapter as made 4 applicable to this subdivision, promulgate regulations governing the 5 borrowing of such additional member contributions. 6 9. Wherever a person has an unpaid balance of a loan of his or her 7 additional member contributions pursuant to paragraph eight of this 8 subdivision at the time he or she becomes entitled to a refund of his or 9 her additional member contributions pursuant to subparagraph (ii) of 10 paragraph seven of this subdivision, the amount of such unpaid loan 11 balance (including accrued interest) shall be deemed to have been 12 returned to such member, and the refund of such additional contributions 13 shall be the net amount of such contributions, together with interest 14 thereon in accordance with the provisions of such subparagraph. 15 10. Notwithstanding any other provision of law to the contrary, the 16 provisions of section one hundred thirty-eight-b of this chapter shall 17 not be applicable to the additional member contributions which are 18 required by this subdivision. 19 11. Notwithstanding any other provision of law to the contrary, the 20 additional member contributions which are required by this subdivision 21 shall not be reduced under any program for increased-take-home-pay. 22 e. The provisions of this section shall not be construed to provide 23 benefits to any participant in the twenty-five year improved benefit 24 retirement program which are greater than those which would be received 25 by a similarly situated member who is entitled to benefits under the 26 provisions of section 13-157.2 of the administrative code, but who is 27 not governed by the provisions of this article. 28 § 4. The retirement and social security law is amended by adding a new 29 section 604-j to read as follows: 30 § 604-j. Twenty-five year retirement program for fire protection 31 inspector members. a. Definitions. The following words and phrases as 32 used in this section shall have the following meanings unless a differ- 33 ent meaning is plainly required by the context. 34 1. "Fire protection inspector member" shall mean a member who is 35 employed by the city of New York or by the New York city fire department 36 in a title whose duties are those of a fire protection inspector or 37 associate fire protection inspector; or in a title whose duties require 38 the supervision of employees whose duties are those of a fire protection 39 inspector or associate fire protection inspector. 40 2. "Twenty-five year retirement program" shall mean all the terms and 41 conditions of this section. 42 3. "Starting date of the twenty-five year retirement program" shall 43 mean the effective date of this section. 44 4. "Participant in the twenty-five year retirement program" shall mean 45 any fire protection inspector member who, under the applicable 46 provisions of subdivision b of this section, is entitled to the rights, 47 benefits and privileges and is subject to the obligations of the twen- 48 ty-five year retirement program, as applicable to him or her. 49 5. "Discontinued member" shall mean a participant in the twenty-five 50 year retirement program who, while he or she was a fire protection 51 inspector member, discontinued service as such a member and has a right 52 to a deferred vested benefit under subdivision d of this section. 53 6. "Administrative code" shall mean the administrative code of the 54 city of New York. 55 7. "Allowable service as a fire protection inspector member" shall 56 mean all service as a fire protection inspector member.S. 6988 10 1 b. Participation in the twenty-five year retirement program. 1. 2 Subject to the provisions of paragraphs six and seven of this subdivi- 3 sion, any person who is a fire protection inspector member on the start- 4 ing date of the twenty-five year retirement program and who, as such a 5 fire protection inspector member or otherwise, last became subject to 6 the provisions of this article prior to such starting date, may elect to 7 become a participant in the twenty-five year retirement program by 8 filing, within one hundred eighty days after the starting date of the 9 twenty-five year retirement program, a duly executed application for 10 such participation with the retirement system of which such person is a 11 member, provided he or she is such a fire protection inspector member on 12 the date such application is filed. 13 2. Subject to the provisions of paragraphs six and seven of this 14 subdivision, any person who becomes a fire protection inspector member 15 after the starting date of the twenty-five year retirement program and 16 who, as such a fire protection inspector member or otherwise, last 17 became subject to the provisions of this article prior to such starting 18 date, may elect to become a participant in the twenty-five year retire- 19 ment program by filing, within one hundred eighty days after becoming 20 such a fire protection inspector member, a duly executed application for 21 such participation with the retirement system for which such person is a 22 member, provided he or she is such a fire protection inspector member on 23 the date such application is filed. 24 3. Each fire protection inspector member, other than a fire protection 25 inspector member subject to paragraph one or two of this subdivision, 26 who becomes subject to the provisions of this article on or after the 27 starting date of the twenty-five year retirement program shall become a 28 participant in the twenty-five year retirement program on the date he or 29 she becomes such a fire protection inspector member. Provided, however, 30 a person subject to this paragraph, and who has exceeded age twenty-five 31 upon employment as a fire protection inspector member, shall be exempt 32 from participation in the improved twenty-five year retirement program 33 if such person elects not to participate by filing a duly executed form 34 with the retirement system within one hundred eighty days of becoming a 35 fire protection inspector member. 36 4. Any election to be a participant in the twenty-five year retirement 37 program shall be irrevocable. 38 5. Where any participant in the twenty-five year retirement program 39 shall cease to be employed as a fire protection inspector member, he or 40 she shall cease to be such a participant and, during any period in which 41 such person is not so employed, he or she shall not be a participant in 42 the twenty-five year retirement program and shall not be eligible for 43 the benefits of subdivision c of this section. 44 6. Where any participant in the twenty-five year retirement program 45 terminates service as a fire protection inspector member and returns to 46 such service as a fire protection inspector member at a later date, he 47 or she shall again become such a participant on that date. 48 7. Notwithstanding any other provision of the law to the contrary, any 49 person who is eligible to elect to become a participant in the twenty- 50 five year retirement program pursuant to paragraph one or two of this 51 subdivision for the full one hundred eighty day period provided for in 52 such applicable paragraph and who fails to timely file a duly executed 53 application for such participation with the retirement system, shall not 54 thereafter be eligible to become a participant in such program. 55 c. Service retirement benefits. 1. A participant in the twenty-five 56 year retirement program:S. 6988 11 1 (i) who has completed twenty-five or more years of allowable service 2 as a fire protection inspector member; and 3 (ii) who has paid, before the effective date of retirement, all addi- 4 tional member contributions and interest (if any) required by subdivi- 5 sion e of this section; and 6 (iii) who files with the retirement system of which he or she is a 7 member an application for service retirement setting forth at what time, 8 not less than thirty days subsequent to the execution and filing there- 9 of, he or she desires to be retired; and 10 (iv) who shall be a participant in the twenty-five year retirement 11 program at the time so specified for his or her retirement; shall be 12 retired pursuant to the provisions of this section affording early 13 service retirement. 14 2. Notwithstanding the provisions of subdivision a-1 of section six 15 hundred three of this article, or any other provision of law to the 16 contrary, and subject to the provisions of paragraph six of subdivision 17 e of this section, the early service retirement benefit for participants 18 in the twenty-five year retirement program who retire pursuant to para- 19 graph one of this subdivision shall be a retirement allowance consisting 20 of: 21 (i) an amount, on account of the required minimum period of service, 22 equal to fifty percent of his or her final average salary; plus 23 (ii) an amount on account of allowable service as a fire protection 24 inspector member, or fraction thereof, beyond such required minimum 25 period of service equal to two percent of his or her final salary for 26 such allowable service as a fire protection inspector member during the 27 period from completion of twenty-five years of allowable service as a 28 fire protection inspector member to the date of retirement but not to 29 exceed more than five years of additional service as a fire protection 30 inspector member. 31 d. Vesting. 1. A participant in the twenty-five year retirement 32 program: 33 (i) who discontinues service as such a participant, other than by 34 death or retirement; and 35 (ii) in the case of a participant who is not a New York city revised 36 plan member, who prior to such discontinuance, completed five but less 37 than twenty-five years of allowable service as a fire protection inspec- 38 tor member or, in the case of a participant who is a New York city 39 revised plan member, who prior to such discontinuance, completed ten but 40 less than twenty-five years of allowable service as a fire protection 41 inspector member; and 42 (iii) who, subject to the provisions of paragraph seven of subdivision 43 e of this section, has paid, prior to such discontinuance, all addi- 44 tional member contributions and interest (if any) required by subdivi- 45 sion e of this section; and 46 (iv) who does not withdraw in whole or in part his or her accumulated 47 member contributions pursuant to section six hundred thirteen of this 48 article unless such participant thereafter returns to public service and 49 repays the amounts so withdrawn, together with interest, pursuant to 50 such section six hundred thirteen; shall be entitled to receive a 51 deferred vested benefit as provided in this subdivision. 52 2. (i) Upon such discontinuance under the conditions and in compliance 53 with the provisions of paragraph one of this subdivision, such deferred 54 vested benefit shall vest automatically. 55 (ii) In the case of a participant who is not a New York city revised 56 plan member, such vested benefit shall become payable on the earliestS. 6988 12 1 date on which such discontinued member could have retired for service if 2 such discontinuance had not occurred or, in the case of a participant 3 who is a New York city revised plan member, such vested benefit shall 4 become payable at age sixty-three. Subject to the provisions of para- 5 graph seven of subdivision e of this section, such deferred vested bene- 6 fit shall be a retirement allowance consisting of an amount equal to two 7 percent of such discontinued member's final average salary, multiplied 8 by the number of years of credited service. 9 e. Additional member contributions. 1. In addition to the member 10 contributions required by section six hundred thirteen of this article, 11 each participant in the twenty-five year retirement program shall 12 contribute to the retirement system of which he or she is a member 13 (subject to the applicable provisions of subdivision d of section six 14 hundred thirteen of this article and subject to the limitation provided 15 for in paragraph two of this subdivision) an additional six and twenty- 16 five one-hundredths percent of his or her compensation earned from (i) 17 all allowable service, as a participant in the twenty-five year retire- 18 ment program, rendered on or after the starting date of the twenty-five 19 year retirement program, and (ii) all allowable service after such 20 person ceases to be a participant, but before he or she again becomes a 21 participant pursuant to paragraph six of subdivision b of this section. 22 The additional contributions required by this section shall be in lieu 23 of additional member contributions required by subdivision d of section 24 six hundred four-c of this article, as added by chapter ninety-six of 25 the laws of nineteen hundred ninety-five, and no member making addi- 26 tional contributions pursuant to this section shall be required to make 27 contributions pursuant to such subdivision d of section six hundred 28 four-c of this article. Notwithstanding the foregoing provisions of this 29 paragraph, the additional member contribution required to be paid by 30 each participant pursuant to this paragraph shall not exceed the 31 percentage of his or her compensation that, when added to the contrib- 32 ution made pursuant to subdivision d of section six hundred thirteen of 33 this article, equals nine and twenty-five one-hundredths percent of that 34 compensation. 35 2. A participant in the twenty-five year retirement program shall 36 contribute additional member contributions until the later of (i) the 37 first anniversary of the starting date of the twenty-five year retire- 38 ment program, or (ii) the date on which he or she completes thirty years 39 of allowable service as a fire protection inspector member. 40 3. Commencing with the first full payroll period after each person 41 becomes a participant in the twenty-five year retirement program, addi- 42 tional member contributions at the rate specified in paragraph one of 43 this subdivision shall be deducted (subject to the applicable provisions 44 of subdivision d of section six hundred thirteen of this article) from 45 the compensation of such participant on each and every payroll of such 46 participant for each and every payroll period for which he or she is 47 such a participant. 48 4. (i) Each participant in the twenty-five year retirement program 49 shall be charged with a contribution deficiency consisting of the total 50 amounts of additional member contributions such person is required to 51 make pursuant to paragraphs one and two of this subdivision which are 52 not deducted from his or her compensation pursuant to paragraph three of 53 this subdivision, if any, together with interest thereon, compounded 54 annually, and computed in accordance with the provisions of subpara- 55 graphs (ii) and (iii) of this paragraph.S. 6988 13 1 (ii) (A) The interest required to be paid on each such amount speci- 2 fied in subparagraph (i) of this paragraph shall accrue from the end of 3 the payroll period for which such amount would have been deducted from 4 compensation if he or she had been a participant at the beginning of 5 that payroll period and such deduction had been required for such 6 payroll period, until such amount is paid to the retirement system. 7 (B) The rate of interest to be applied to each such amount during the 8 period for which interest accrues on that amount shall be equal to the 9 rate or rates of interest required by law to be used during that same 10 period to credit interest on the accumulated deductions of retirement 11 system members. 12 (iii) Except as otherwise provided in paragraph five of this subdivi- 13 sion, no interest shall be due on any unpaid additional member contrib- 14 utions which are not attributable to a period prior to the first full 15 payroll period referred to in paragraph three of this subdivision. 16 5. (i) Should any person who, pursuant to subparagraph (ii) of para- 17 graph ten of this subdivision, has received a refund of his or her addi- 18 tional member contribution including any interest paid on such contrib- 19 utions, again become a participant in the twenty-five year retirement 20 program pursuant to paragraph six of subdivision b of this section, an 21 appropriate amount shall be included in such participant's contribution 22 deficiency (including interest thereon as calculated pursuant to subpar- 23 agraph (ii) of this paragraph) for any credited service for which such 24 person received a refund of such additional member contributions 25 (including any amount of an unpaid loan balance deemed to have been 26 returned to such person pursuant to paragraph twelve of this subdivi- 27 sion), as if such additional member contributions never had been paid. 28 (ii)(A) Interest on a participant's additional member contributions 29 included in such participant's contribution deficiency pursuant to 30 subparagraph (i) of this paragraph shall be calculated as if such addi- 31 tional member contributions had never been paid by such participant, and 32 such interest shall accrue from the end of the payroll period to which 33 an amount of such additional member contributions is attributable, until 34 such amount is paid to the retirement system. 35 (B) The rate of interest to be applied to each such amount during the 36 period for which interest accrues on that amount shall be five percent 37 per annum, compounded annually. 38 6. Where a participant who is otherwise eligible for service retire- 39 ment pursuant to subdivision c of this section did not, prior to the 40 effective date of retirement, pay the entire amount of a contribution 41 deficiency chargeable to him or her pursuant to paragraphs four and five 42 of this subdivision, or repay the entire amount of a loan of his or her 43 additional member contributions pursuant to paragraph eleven of this 44 subdivision (including accrued interest on such loan), that participant, 45 nevertheless, shall be eligible to retire pursuant to subdivision c of 46 this section, provided, however, that such participant's service retire- 47 ment benefit calculated pursuant to paragraph two of such subdivision c 48 of this section shall be reduced by a life annuity (calculated in 49 accordance with the method set forth in subdivision i of section six 50 hundred thirteen-b of this article) which is actuarially equivalent to: 51 (i) the amount of any unpaid contribution deficiency chargeable to 52 such member pursuant to paragraphs four and five of this subdivision; 53 plus 54 (ii) the amount of any unpaid balance of a loan of his or her addi- 55 tional member contributions pursuant to paragraph eleven of this subdi- 56 vision (including accrued interest on such loan).S. 6988 14 1 7. Where a participant who is otherwise eligible for a vested right to 2 a deferred benefit pursuant to subdivision d of this section did not, 3 prior to the date of discontinuance of service, pay the entire amount of 4 a contribution deficiency chargeable to him or her pursuant to para- 5 graphs four and five of this subdivision, or repay the entire amount of 6 a loan of his or her additional member contributions pursuant to para- 7 graph eleven of this subdivision (including accrued interest on such 8 loan), that participant, nevertheless, shall have a vested right to a 9 deferred benefit pursuant to subdivision d of this section provided, 10 however, that the deferred vested benefit calculated pursuant to para- 11 graph two of subdivision d of this section shall be reduced by a life 12 annuity (calculated in accordance with the method set forth in subdivi- 13 sion i of section six hundred thirteen-b of this article) which is actu- 14 arially equivalent to: 15 (i) the amount of any unpaid contribution chargeable to such member 16 pursuant to paragraphs four and five of this subdivision; plus 17 (ii) the amount of any unpaid balance of a loan of his or her addi- 18 tional member contributions pursuant to paragraph eleven of this subdi- 19 vision (including accrued interest on such a loan). 20 8. The head of a retirement system which includes participants in the 21 twenty-five year retirement program in its membership may, consistent 22 with the provisions of this subdivision, promulgate regulations for the 23 payment of such additional member contributions, and any interest there- 24 on, by such participants (including the deduction of such contributions, 25 and any interest thereon, from the participant's compensation). 26 9. Subject to the provisions of paragraphs six and seven of this 27 subdivision, where a participant has not paid in full any contribution 28 deficiency chargeable to him or her pursuant to paragraphs four and five 29 of this subdivision, and a benefit, other than a refund of member 30 contributions pursuant to section six hundred thirteen of this article 31 or a refund of additional member contributions pursuant to subparagraph 32 (ii) of paragraph ten of this subdivision, becomes payable under this 33 article to the participant or to his or her designated beneficiary or 34 estate, the actuarial equivalent of any such unpaid amount shall be 35 deducted from the benefit otherwise payable. 36 10. (i) Such additional member contributions (and any interest there- 37 on) shall be paid into the contingent reserve fund of the retirement 38 system of which the participant is a member and shall not for any 39 purpose be deemed to be member contributions or accumulated contrib- 40 utions of a member under section six hundred thirteen of this article or 41 otherwise while he or she is a participant in the twenty-five year 42 retirement program or otherwise. 43 (ii) Should a participant in the twenty-five year retirement program 44 who has rendered less than fifteen years of credited service cease to 45 hold a position as a fire protection inspector member for any reason 46 whatsoever, his or her accumulated additional member contributions made 47 pursuant to this subdivision (together with any interest thereon paid to 48 the retirement system) may be withdrawn by him or her pursuant to proce- 49 dures promulgated in regulations of the board of trustees of the retire- 50 ment system, together with interest thereon at the rate of five percent 51 per annum, compounded annually. 52 (iii) Notwithstanding any other provision of law to the contrary, (A) 53 no person shall be permitted to withdraw from the retirement system any 54 additional member contributions paid pursuant to this subdivision or any 55 interest paid thereon, except pursuant to and in accordance with the 56 preceding subparagraphs of this paragraph; and (B) no person, while heS. 6988 15 1 or she is a participant in the twenty-five year retirement program, 2 shall be permitted to withdraw any such additional member contributions 3 or any interest paid thereon pursuant to any of the preceding subpara- 4 graphs of this paragraph or otherwise. 5 11. A participant in the twenty-five year retirement program shall be 6 permitted to borrow from his or her additional member contributions 7 (including any interest paid thereon) which are credited to the addi- 8 tional contributions account established for such participant in the 9 contingent reserve fund of the retirement system. The borrowing from 10 such additional member contributions pursuant to this paragraph shall be 11 governed by the rights, privileges, obligations and procedures set forth 12 in section six hundred thirteen-b of this article which govern the 13 borrowing of member contributions made pursuant to section six hundred 14 thirteen of this article. The board of trustees of the retirement system 15 may, consistent with the provisions of this subdivision and the 16 provisions of section six hundred thirteen-b of this article as made 17 applicable to this subdivision, promulgate regulations governing the 18 borrowing of such additional member contributions. 19 12. Whenever a person has an unpaid balance of a loan or his or her 20 additional member contributions pursuant to paragraph eleven of this 21 subdivision at the time he or she becomes entitled to a refund of his or 22 her additional member contributions pursuant to subparagraph (ii) of 23 paragraph ten of this subdivision, the amount of such unpaid loan 24 balance (including accrued interest) shall be deemed to have been 25 returned to such member, and the refund of such additional contributions 26 shall be the net amount of such contribution, together with interest 27 thereon in accordance with the provisions of such subparagraph (ii). 28 § 5. Subdivision d of section 613 of the retirement and social securi- 29 ty law is amended by adding a new paragraph 12 to read as follows: 30 12. (i) The city of New York shall, in the case of a fire protection 31 inspector member (as defined in paragraph one of subdivision a of 32 section six hundred four-j of this article) who is a participant in the 33 twenty-five year retirement program (as defined in paragraph four of 34 subdivision a of such section six hundred four-j), pick up and pay to 35 the retirement system of which such participant is a member all addi- 36 tional member contributions which otherwise would be required to be 37 deducted from such member's compensation pursuant to paragraphs one and 38 two of subdivision e of such section six hundred four-j of this article 39 (not including any additional member contributions due for any period 40 prior to the first full payroll period referred to in such paragraph 41 three of such subdivision e), and shall effect such pick up in each and 42 every payroll of such participant for each and every payroll period with 43 respect to which such paragraph three would otherwise require such 44 deductions. 45 (ii) An amount equal to the amount of additional contributions picked 46 up pursuant to this paragraph shall be deducted by such employer from 47 the compensation of such member (as such compensation would be in the 48 absence of a pick up program applicable to him or her hereunder) and 49 shall not be paid to such member. 50 (iii) The additional member contributions picked up pursuant to this 51 paragraph for any such member shall be paid by such employer in lieu of 52 an equal amount of additional member contributions otherwise required to 53 be paid by such member under the applicable provisions of subdivision e 54 of section six hundred four-j of this article, and shall be deemed to be 55 and treated as employer contributions pursuant to section 414(h) of the 56 Internal Revenue Code.S. 6988 16 1 (iv) For the purpose of determining the retirement system rights, 2 benefits and privileges of any member whose additional member contrib- 3 utions are picked up pursuant to this paragraph, such picked up addi- 4 tional member contributions shall be deemed to be and treated as part of 5 such member's additional member contributions under the applicable 6 provisions of subdivision e of section six hundred four-j of this arti- 7 cle. 8 (v) With the exception of federal income tax treatment, the additional 9 member contributions picked up pursuant to subparagraph (i) of this 10 paragraph shall for all other purposes, including computation of retire- 11 ment benefits and contributions by employers and employees, be deemed 12 employee salary. Nothing contained in this subdivision shall be 13 construed as superseding the provisions of section four hundred thirty- 14 one of this chapter, or any similar provision of law which limits the 15 salary base for computing retirement benefits payable by a public 16 retirement system. 17 § 6. Section 13-125.2 of the administrative code of the city of New 18 York is amended by adding a new subdivision a-9 to read as follows: 19 a-9. Notwithstanding any other provision of law to the contrary, on or 20 after the starting date for pick up, the employer responsible for pick 21 up shall, in the case of a fire protection inspector member (as defined 22 in paragraph two of subdivision a of section four hundred forty-five-j 23 of the retirement and social security law) who is a participant in the 24 twenty-five year improved benefit retirement program (as defined in 25 paragraph three of such subdivision a), pick up and pay to the retire- 26 ment system all additional member contributions which otherwise would be 27 required to be deducted from such member's compensation pursuant to 28 subdivision d of such section four hundred forty-five-j, and shall 29 effect such pick up on each and every payroll of such participant for 30 each and every payroll period with respect to which such subdivision d 31 would otherwise require such deductions. 32 § 7. Subparagraph (ii) of paragraph 1 of subdivision c of section 33 13-125.2 of the administrative code of the city of New York, as amended 34 by chapter 682 of the laws of 2003, is amended to read as follows: 35 (ii) the determination of the amount of such member's Tier I or Tier 36 II nonuniformed-force member contributions eligible for pick up by the 37 employer or additional member contributions required to be picked up 38 pursuant to subdivision a-one, subdivision a-two, subdivision a-three, 39 subdivision a-four, subdivision a-five, subdivision a-six, subdivision 40 a-seven or subdivision a-eight of this section, or subdivision a-nine of 41 this section; and 42 § 8. Subdivision d of section 13-125.2 of the administrative code of 43 the city of New York is amended by adding a new paragraph 2-h to read as 44 follows: 45 (2-h) For the purpose of determining the retirement system rights, 46 benefits and privileges of any member who is a participant in the twen- 47 ty-five year retirement program (as defined in paragraph three of subdi- 48 vision a of section four hundred forty-five-j of the retirement and 49 social security law), the additional member contributions of such 50 participant picked up pursuant to subdivision a-nine of this section 51 shall be deemed to be and treated as a part of such member's additional 52 contributions under subdivision d of such section four hundred forty- 53 five-j. 54 § 9. Paragraph 3 of subdivision d of section 13-125.2 of the adminis- 55 trative code of the city of New York, as amended by chapter 682 of the 56 laws of 2003, is amended to read as follows:S. 6988 17 1 (3) Interest on contributions picked up for any Tier I or Tier II 2 non-uniformed-force member pursuant to this section (other than addi- 3 tional member contributions picked up pursuant to subdivision a-one, 4 subdivision a-two, subdivision a-three, subdivision a-four, subdivision 5 a-five, subdivision a-six, subdivision a-seven [or], subdivision 6 a-eight, or subdivision a-nine of this section) shall accrue in favor of 7 the member and be payable to the retirement system at the same rate, for 8 the same time periods, in the same manner and under the same circum- 9 stances as interest would be required to accrue in favor of the member 10 and be payable to the retirement system on such contributions if they 11 were made by such member in the absence of a pick up program applicable 12 to such member under the provisions of this section. 13 § 10. Subdivision a of section 603 of the retirement and social secu- 14 rity law, as amended by chapter 18 of the laws of 2012, is amended to 15 read as follows: 16 a. The service retirement benefit specified in section six hundred 17 four of this article shall be payable to members who have met the mini- 18 mum service requirements upon retirement and attainment of age sixty- 19 two, other than members who are eligible for early service retirement 20 pursuant to subdivision c of section six hundred four-b of this article, 21 subdivision c of section six hundred four-c of this article, subdivision 22 d of section six hundred four-d of this article, subdivision c of 23 section six hundred four-e of this article, subdivision c of section six 24 hundred four-f of this article, subdivision c of section six hundred 25 four-g of this article, subdivision c of section six hundred four-h of 26 this article [or] subdivision c of section six hundred four-i of this 27 article, or subdivision c of section six hundred four-j of this article, 28 provided, however, a member of a teachers' retirement system or the New 29 York state and local employees' retirement system who first joins such 30 system before January first, two thousand ten or a member who is a 31 uniformed court officer or peace officer employed by the unified court 32 system who first becomes a member of the New York state and local 33 employees' retirement system before April first, two thousand twelve may 34 retire without reduction of his or her retirement benefit upon attain- 35 ment of at least fifty-five years of age and completion of thirty or 36 more years of service, provided, however, that a uniformed court officer 37 or peace officer employed by the unified court system who first becomes 38 a member of the New York state and local employees' retirement system on 39 or after January first, two thousand ten and retires without reduction 40 of his or her retirement benefit upon attainment of at least fifty-five 41 years of age and completion of thirty or more years of service pursuant 42 to this section shall be required to make the member contributions 43 required by subdivision f of section six hundred thirteen of this arti- 44 cle for all years of credited and creditable service, provided further 45 that the [the] preceding provisions of this subdivision shall not apply 46 to a New York city revised plan member. 47 § 11. Nothing contained in sections five and ten of this act shall be 48 construed to create any contractual right with respect to members to 49 whom such sections apply. The provisions of such sections are intended 50 to afford members the advantages of certain benefits contained in the 51 internal revenue code, and the effectiveness and existence of such 52 sections and benefits they confer are completely contingent thereon. 53 § 12. This act shall take effect immediately, provided, however that: 54 (a) The provisions of sections five and ten of this act shall remain 55 in full force and effect only so long as, pursuant to federal law, 56 contributions picked up under such sections are not includable as grossS. 6988 18 1 income of a member for federal income tax purposes until distributed or 2 made available to the member; provided that the New York city employees' 3 retirement system shall notify the legislative bill drafting commission 4 upon the occurrence of such a change in federal law ruling affecting the 5 provisions of this act in order that the commission may maintain an 6 accurate and timely effective data base of the official text of the laws 7 of the state of New York in furtherance of effectuating the provisions 8 of section 44 of the legislative law and section 70-b of the public 9 officers law; 10 (b) The amendments to section 13-125.2 of the administrative code of 11 the city of New York made by sections six, seven, eight, and nine of 12 this act shall not affect the expiration of such section and shall be 13 deemed to expire therewith; and 14 (c) The amendments to subdivision a of section 603 of the retirement 15 and social security law made by section ten of this act shall not affect 16 the expiration of such subdivision and shall be deemed to expire there- 17 with.
