Bill Text: NY A10686 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the establishment of a twenty-two year retirement program for members of the New York city employees' retirement system employed as emergency medical technicians and advanced emergency medical technicians and to the establishment of such program for such members who are subject to articles 11 and 15 of the retirement and social security law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-01 - referred to governmental employees [A10686 Detail]
Download: New_York-2019-A10686-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10686 IN ASSEMBLY July 1, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) -- read once and referred to the Committee on Governmental Employees AN ACT to amend the administrative code of the city of New York, in relation to the establishment of a twenty-two year retirement program for members of the New York city employees' retirement system employed as emergency medical technicians and advanced emergency medical tech- nicians; and to amend the retirement and social security law, in relation to the establishment of twenty-two year retirement programs for such members who are subject to articles 11 and 15 of such law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 13-157.5 to read as follows: 3 § 13-157.5 Twenty-two year retirement program for EMT members. a. 4 Definitions. The following words and phrases as used in this section 5 shall have the following meanings unless a different meaning is plainly 6 required by the context. 7 1. "EMT member" shall mean (i) a member of the retirement system who 8 is employed by the city of New York or by the New York city health and 9 hospitals corporation in a title whose duties are those of an emergency 10 medical technician or advanced emergency medical technician, as those 11 terms are defined in section three thousand one of the public health 12 law, and (ii) a member of the retirement system who, on the effective 13 date of this section or thereafter, was employed by the city of New York 14 or by the New York city health and hospitals corporation in a title 15 whose duties require the supervision of employees whose duties are those 16 of an emergency medical technician or advanced emergency medical techni- 17 cian, as those terms are defined in section three thousand one of the 18 public health law. 19 2. "Twenty-two year retirement program" shall mean all the terms and 20 conditions of this section. 21 3. "Starting date of the twenty-two year retirement program" shall 22 mean the effective date of this section, as such date is certified 23 pursuant to section forty-one of the legislative law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15122-03-0A. 10686 2 1 4. "Participant in the twenty-two year retirement program" shall mean 2 any EMT member who, under the applicable provisions of subdivision b of 3 this section, is entitled to the rights, benefits and privileges and is 4 subject to the obligations of the twenty-two year retirement program as 5 applicable to him or her. 6 5. "Discontinued member" shall mean a participant in the twenty-two 7 year retirement program who, while he or she was an EMT member, discon- 8 tinued service as such a member and has a right to a deferred vested 9 benefit under the provisions of subdivision d of this section. 10 6. "Allowable city service" for purposes of this section shall mean 11 (i) all service while employed by the city of New York or by the New 12 York city health and hospitals corporation in a title whose duties are 13 those of an emergency medical technician or advanced emergency medical 14 technician, as those terms are defined in section three thousand one of 15 the public health law; and (ii) all such service in a title whose duties 16 require the supervision of employees whose duties are those of an emer- 17 gency medical technician or advanced emergency medical technician, as 18 those terms are defined in section three thousand one of the public 19 health law; and (iii) all service while employed by the city of New York 20 or by the New York city health and hospitals corporation in the title 21 motor vehicle operator. 22 b. Participation in twenty-two year retirement program. 1. Subject to 23 the provisions of paragraphs five and six of this subdivision, any 24 person who is an EMT member on the starting date of the twenty-two year 25 retirement program may elect to become a participant in the twenty-two 26 year retirement program by filing, within one hundred eighty days after 27 the starting date of the twenty-two year retirement program, a duly 28 executed application for such participation with the retirement system 29 of which such person is a member, provided he or she is such an EMT 30 member on the date such application is filed. 31 2. Subject to the provisions of paragraphs five and six of this subdi- 32 vision, any person who becomes an EMT member after the starting date of 33 the twenty-two year retirement program may elect to become a participant 34 in the twenty-two year retirement program by filing, within one hundred 35 eighty days after becoming such an EMT member, a duly executed applica- 36 tion for such participation with the retirement system of which such 37 person is a member, provided he or she is such an EMT member on the date 38 such application is filed. 39 3. Any election to be a participant in the twenty-two year retirement 40 program shall be irrevocable. 41 4. Where any participant in the twenty-two year retirement program 42 shall cease to be employed as an EMT member, he or she shall cease to be 43 such a participant and, during any period in which such person is not so 44 employed, he or she shall not be a participant in the twenty-two year 45 retirement program and shall not be eligible for the benefits of subdi- 46 vision c of this section. 47 5. Where any participant in the twenty-two year retirement program 48 terminates service as an EMT member and returns to such service as an 49 EMT member at a later date, he or she shall again become such a partic- 50 ipant on that date. 51 6. Notwithstanding any other provision of law to the contrary, any 52 person who is eligible to become a participant in the twenty-two year 53 retirement program pursuant to paragraph one or two of this subdivision 54 for the full one hundred eighty day period provided for in such applica- 55 ble paragraph and who fails to timely file a duly executed applicationA. 10686 3 1 for such participation with the retirement system, shall not thereafter 2 be eligible to become a participant in such program. 3 c. Service retirement benefits. 1. A participant in the twenty-two 4 year retirement program: 5 (i) who has completed twenty-two or more years of allowable city 6 service; and 7 (ii) who files with the retirement system an application for service 8 retirement setting forth at what time, not less than thirty days subse- 9 quent to the execution and filing thereof, he or she desires to be 10 retired; and 11 (iii) who shall be a participant in the twenty-two year retirement 12 program at the time so specified for his or her retirement; shall be 13 retired pursuant to the provisions of this section affording early 14 service retirement. 15 2. Notwithstanding any other provision of law to the contrary, the 16 early service retirement benefit for a participant in the twenty-two 17 year retirement program who retires pursuant to paragraph one of this 18 subdivision shall be a retirement allowance consisting of: 19 (i) an amount, on account of the required minimum period of service, 20 equal to the sums of (A) an annuity which shall be the actuarial equiv- 21 alent of the accumulated deductions from his or her pay during such 22 period, (B) a pension for increased-take-home-pay which shall be the 23 actuarial equivalent of the reserve-for-increased-take-home-pay to which 24 he or she may be entitled for such period, and (C) a pension which, when 25 added to such annuity and such pension for increased-take-home-pay, 26 produces a retirement allowance equal to fifty-five percent of the sala- 27 ry earned or earnable in the year prior to his or her retirement; plus 28 (ii) an amount for each additional year of allowable city service, or 29 fraction thereof, beyond such required minimum period of service equal 30 to one and seven-tenths percent of the final average salary for such 31 allowable service during the period from the completion of twenty-two 32 years of allowable city service to the date of retirement. 33 d. Vesting. 1. A participant in the twenty-two year retirement program 34 who: 35 (i) discontinues service as an EMT member, other than by death or 36 retirement; and 37 (ii) prior to such discontinuance, completed five but less than twen- 38 ty-two years of allowable city service; and 39 (iii) does not withdraw in whole or in part his or her accumulated 40 member contributions pursuant to section 13-141 of this chapter, shall 41 be entitled to receive a deferred vested benefit as provided in this 42 subdivision. 43 2. (i) Upon such discontinuance under the conditions and in compliance 44 with the provisions of paragraph one of this subdivision, such deferred 45 vested benefit shall vest automatically. 46 (ii) Such vested benefit shall become payable on the earliest date on 47 which such discontinued member could have retired for service if such 48 discontinuance had not occurred. 49 3. Such deferred vested benefit shall be a retirement allowance 50 consisting of an amount equal to two and two-tenths percent of such 51 discontinued member's salary earned or earnable in the year prior to his 52 or her discontinuance, multiplied by the number of years of allowable 53 city service. 54 e. Member contributions. 1. All EMT members of the twenty-two year 55 retirement program shall be required to make member contributions and 56 additional member contributions in accordance with and subject to theA. 10686 4 1 same rights, privileges, obligations and procedures as govern the member 2 contribution and additional member contributions required by subdivision 3 d of section four hundred forty-five-e of the retirement and social 4 security law. 5 2. For the purpose of applying under this subdivision, such subdivi- 6 sion d of section four hundred forty-five-e of the retirement and social 7 security law to an EMT member of the twenty-two year retirement program 8 who is subject to the provisions of this section, and is not subject to 9 the provisions of article eleven of the retirement and social security 10 law, the term "credited service", as used in such subdivision, shall be 11 deemed to mean allowable city service. 12 § 2. Subdivision a of section 444 of the retirement and social securi- 13 ty law, as amended by section 141 of subpart B of part C of chapter 62 14 of the laws of 2011, is amended to read as follows: 15 a. Except as provided in subdivision c of section four hundred forty- 16 five-a of this article, subdivision c of section four hundred forty- 17 five-b of this article, subdivision c of section four hundred forty- 18 five-c of this article, subdivision c of section four hundred 19 forty-five-d of this article as added by chapter four hundred seventy- 20 two of the laws of nineteen hundred ninety-five, subdivision c of 21 section four hundred forty-five-e of this article, subdivision c of 22 section four hundred forty-five-f of this article [and], subdivision c 23 of section four hundred forty-five-h of this article, and subdivision c 24 of section four hundred forty-five-j of this article, the maximum 25 retirement benefit computed without optional modification provided to a 26 member of a retirement system who is subject to the provisions of this 27 article, other than a police officer, a firefighter, an investigator 28 member of the New York city employees' retirement system, a member of 29 the uniformed personnel in institutions under the jurisdiction of the 30 New York city department of correction who receives a performance of 31 duty disability retirement allowance, a member of the uniformed person- 32 nel in institutions under the jurisdiction of the department of 33 corrections and community supervision or a security hospital treatment 34 assistant, as those terms are defined in subdivision i of section eight- 35 y-nine of this chapter, who receives a performance of duty disability 36 retirement allowance, a member of a teachers' retirement system, New 37 York city employees' retirement system, New York city board of education 38 retirement system or a member of the New York state and local employees' 39 retirement system or a member of the New York city employees' retirement 40 system or New York city board of education retirement system employed as 41 a special officer, parking control specialist, school safety agent, 42 campus peace officer, taxi and limousine inspector or a police communi- 43 cations member and who receives a performance of duty disability 44 pension, from funds other than those based on a member's own or 45 increased-take-home-pay contributions, shall, before any reduction for 46 early retirement, be sixty per centum of the first fifteen thousand 47 three hundred dollars of final average salary, and fifty per centum of 48 final average salary in excess of fifteen thousand three hundred 49 dollars, and forty per centum of final average salary in excess of twen- 50 ty-seven thousand three hundred dollars, provided, however, that the 51 benefits provided by subdivision c of section four hundred forty-five-d 52 of this article as added by chapter four hundred seventy-two of the laws 53 of nineteen hundred ninety-five based upon the additional member 54 contributions required by subdivision d of such section four hundred 55 forty-five-d shall be subject to the maximum retirement benefit computa- 56 tions set forth in this section. The maximum retirement benefit computedA. 10686 5 1 without optional modification payable to a police officer, an investi- 2 gator member of the New York city employees' retirement system or a 3 firefighter shall equal that payable upon completion of thirty years of 4 service, except that the maximum service retirement benefit computed 5 without optional modification shall equal that payable upon completion 6 of thirty-two years of service. 7 § 3. Subdivision a of section 445 of the retirement and social securi- 8 ty law, as amended by chapter 476 of the laws of 2018, is amended to 9 read as follows: 10 a. No member of a retirement system who is subject to the provisions 11 of this article shall retire without regard to age, exclusive of retire- 12 ment for disability, unless he or she is a police officer, an investi- 13 gator member of the New York city employees' retirement system, fire- 14 fighter, correction officer, a qualifying member as defined in section 15 eighty-nine-t, as added by chapter six hundred fifty-seven of the laws 16 of nineteen hundred ninety-eight, of this chapter, sanitation worker, a 17 special officer (including persons employed by the city of New York in 18 the title urban park ranger or associate urban park ranger), school 19 safety agent, campus peace officer or a taxi and limousine commission 20 inspector member of the New York city employees' retirement system or 21 the New York city board of education retirement system, a dispatcher 22 member of the New York city employees' retirement system, a police 23 communications member of the New York city employees' retirement system, 24 an EMT member of the New York city employees' retirement system, a depu- 25 ty sheriff member of the New York city employees' retirement system, a 26 correction officer of the Westchester county correction department as 27 defined in section eighty-nine-e of this chapter or employed in Suffolk 28 county as a peace officer, as defined in section eighty-nine-s, as added 29 by chapter five hundred eighty-eight of the laws of nineteen hundred 30 ninety-seven, of this chapter, employed in Suffolk county as a 31 correction officer, as defined in section eighty-nine-f of this chapter, 32 or employed in Nassau county as a correction officer, uniformed 33 correction division personnel, sheriff, undersheriff or deputy sheriff, 34 as defined in section eighty-nine-g of this chapter, or employed in 35 Nassau county as an ambulance medical technician, an ambulance medical 36 technician/supervisor or a member who performs ambulance medical techni- 37 cian related services, as defined in section eighty-nine-s, as amended 38 by chapter five hundred seventy-eight of the laws of nineteen hundred 39 ninety-eight, of this chapter, or employed in Nassau county as a peace 40 officer, as defined in section eighty-nine-s, as added by chapter five 41 hundred ninety-five of the laws of nineteen hundred ninety-seven, of 42 this chapter, or employed in Albany county as a sheriff, undersheriff, 43 deputy sheriff, correction officer or identification officer, as defined 44 in section eighty-nine-h of this chapter or is employed in St. Lawrence 45 county as a sheriff, undersheriff, deputy sheriff or correction officer, 46 as defined in section eighty-nine-i of this chapter or is employed in 47 Orleans county as a sheriff, undersheriff, deputy sheriff or correction 48 officer, as defined in section eighty-nine-l of this chapter or is 49 employed in Jefferson county as a sheriff, undersheriff, deputy sheriff 50 or correction officer, as defined in section eighty-nine-j of this chap- 51 ter or is employed in Onondaga county as a deputy sheriff-jail division 52 competitively appointed or as a correction officer, as defined in 53 section eighty-nine-k of this chapter or is employed in a county which 54 makes an election under subdivision j of section eighty-nine-p of this 55 chapter as a sheriff, undersheriff, deputy sheriff or correction officer 56 as defined in such section eighty-nine-p or is employed in Broome CountyA. 10686 6 1 as a sheriff, undersheriff, deputy sheriff or correction officer, as 2 defined in section eighty-nine-m of this chapter or is a Monroe county 3 deputy sheriff-court security, or deputy sheriff-jailor as defined in 4 section eighty-nine-n, as added by chapter five hundred ninety-seven of 5 the laws of nineteen hundred ninety-one, of this chapter or is employed 6 in Greene county as a sheriff, undersheriff, deputy sheriff or 7 correction officer, as defined in section eighty-nine-o of this chapter 8 or is a traffic officer with the town of Elmira as defined in section 9 eighty-nine-q of this chapter or is employed by Suffolk county as a park 10 police officer, as defined in section eighty-nine-r of this chapter or 11 is a peace officer employed by a county probation department as defined 12 in section eighty-nine-t, as added by chapter six hundred three of the 13 laws of nineteen hundred ninety-eight, of this chapter or is employed in 14 Rockland county as a deputy sheriff-civil as defined in section eighty- 15 nine-v of this chapter as added by chapter four hundred forty-one of the 16 laws of two thousand one, or is employed in Rockland county as a superi- 17 or correction officer as defined in section eighty-nine-v of this chap- 18 ter as added by chapter five hundred fifty-six of the laws of two thou- 19 sand one or is a paramedic employed by the police department in the town 20 of Tonawanda and retires under the provisions of section eighty-nine-v 21 of this chapter, as added by chapter four hundred seventy-two of the 22 laws of two thousand one, or is a county fire marshal, supervising fire 23 marshal, fire marshal, assistant fire marshal, assistant chief fire 24 marshal or chief fire marshal employed by the county of Nassau as 25 defined in section eighty-nine-w of this chapter and is in a plan which 26 permits immediate retirement upon completion of a specified period of 27 service without regard to age. Except as provided in subdivision c of 28 section four hundred forty-five-a of this article, subdivision c of 29 section four hundred forty-five-b of this article, subdivision c of 30 section four hundred forty-five-c of this article, subdivision c of 31 section four hundred forty-five-d of this article, subdivision c of 32 section four hundred forty-five-e of this article, subdivision c of 33 section four hundred forty-five-f of this article [and], subdivision c 34 of section four hundred forty-five-h of this article, and subdivision c 35 of section four hundred forty-five-j of this article, a member in such a 36 plan and such an occupation, other than a police officer or investigator 37 member of the New York city employees' retirement system or a firefight- 38 er, shall not be permitted to retire prior to the completion of twenty- 39 five years of credited service; provided, however, if such a member in 40 such an occupation is in a plan which permits retirement upon completion 41 of twenty years of service regardless of age, he or she may retire upon 42 completion of twenty years of credited service and prior to the 43 completion of twenty-five years of service, but in such event the bene- 44 fit provided from funds other than those based on such a member's own 45 contributions shall not exceed two per centum of final average salary 46 per each year of credited service. 47 § 4. The retirement and social security law is amended by adding a new 48 section 445-j to read as follows: 49 § 445-j. Optional twenty-two year improved benefit retirement program 50 for EMT members. a. Definitions. The following words and phrases as 51 used in this section shall have the following meanings unless a differ- 52 ent meaning is plainly required by the context. 53 1. "Retirement system" shall mean the New York city employees' retire- 54 ment system. 55 2. "EMT member" shall mean a member of the retirement system who is 56 subject to the provisions of this article, who is employed by the cityA. 10686 7 1 of New York or by the New York city health and hospitals corporation in 2 a title whose duties are those of an emergency medical technician or 3 advanced emergency medical technician, as those terms are defined in 4 section three thousand one of the public health law, or in a title whose 5 duties require the supervision of employees whose duties are those of an 6 emergency medical technician or advanced emergency medical technician, 7 as those terms are defined in section three thousand one of the public 8 health law. 9 3. "Twenty-two year improved benefit retirement program" shall mean 10 all the terms and conditions of this section. 11 4. "Starting date of the twenty-two year improved benefit retirement 12 program" shall mean the effective date of this section. 13 5. "Participant in the twenty-two year improved benefit retirement 14 program" shall mean any EMT member who, under the applicable provisions 15 of subdivision b of this section, is entitled to the rights, benefits 16 and privileges and is subject to the obligations of the twenty-two year 17 improved benefit retirement program, as applicable to him or her. 18 6. "Administrative code" shall mean the administrative code of the 19 city of New York. 20 7. "Accumulated deductions" shall mean accumulated deductions as 21 defined in subdivision eleven of section 13-101 of the administrative 22 code. 23 8. "Optional retirement provisions" shall mean the right to retire and 24 receive a retirement allowance under this section upon the completion of 25 twenty-two years of credited service. 26 9. "Allowable service as an EMT member" shall mean (i) all service as 27 an EMT member; and (ii) all service while employed by the city of New 28 York or by the New York city health and hospitals corporation in the 29 title motor vehicle operator. 30 b. Election of twenty-two year improved benefit retirement program. 31 1. Subject to the provisions of paragraphs five and six of this subdivi- 32 sion, any person who is an EMT member on the starting date of the twen- 33 ty-two year improved benefit retirement program may elect to become a 34 participant in the twenty-two year improved benefit retirement program 35 by filing, within one hundred eighty days after such starting date, a 36 duly executed application for such participation with the retirement 37 system, provided he or she is such an EMT member on the date such appli- 38 cation is filed. 39 2. Subject to the provision of paragraphs five and six of this subdi- 40 vision, any person who becomes an EMT member after the starting date of 41 the twenty-two year improved benefit retirement program may elect to 42 become a participant in the twenty-two year improved benefit retirement 43 program by filing, within one hundred eighty days after becoming such an 44 EMT member, a duly executed application for such participation with the 45 retirement system, provided he or she is such an EMT member on the date 46 such application is filed. 47 3. Any election to be a participant in the twenty-two year improved 48 benefit retirement program shall be irrevocable. 49 4. Where any participant in the twenty-two year improved benefit 50 retirement program shall cease to hold a position as an EMT member, he 51 or she shall cease to be such a participant and, during any period in 52 which such a person does not hold such an EMT position, he or she shall 53 not be a participant in the twenty-two year improved benefit retirement 54 program and shall not be eligible for the benefits of subdivision c of 55 this section.A. 10686 8 1 5. Where any participant in the twenty-two year improved benefit 2 retirement program terminates service as an EMT member and returns to 3 such service as an EMT member at a later date, he or she shall again 4 become such a participant on that date. 5 6. Notwithstanding any other provision of law to the contrary, any 6 person who is eligible to become a participant in the twenty-two year 7 improved benefit retirement program pursuant to paragraph one or two of 8 this subdivision for the full one hundred eighty day period provided for 9 in such applicable paragraph and who fails to timely file a duly 10 executed application for such participation with the retirement system, 11 shall not thereafter be eligible to become a participant in such 12 program. 13 c. Service retirement benefits. Notwithstanding any other provision of 14 law to the contrary, where a participant in the twenty-two year improved 15 benefit retirement program, who is otherwise qualified for a retirement 16 allowance pursuant to the optional retirement provision set forth in 17 subdivision a of this section, has made and/or paid, while he or she is 18 an EMT member, all additional member contributions and interest, if any, 19 required by subdivision d of this section, then: 20 1. that participant, while he or she remains participant, shall not be 21 subject to the provisions of subdivision a of section four hundred 22 forty-five of this article; and 23 2. if that participant, while such a participant, retires from 24 service, he or she shall not be subject to the provisions of section 25 four hundred forty-four of this article; and 26 3. his or her retirement allowance shall be an amount, on account of 27 this required minimum period of service, equal to the sum of (i) an 28 annuity which shall be the actuarial equivalent of the accumulated 29 deductions from his or her pay during such period, (ii) a pension for 30 increased-take-home-pay which shall be the actuarial equivalent of the 31 reserve for increased-take-home-pay to which he or she may be entitled, 32 for such period, and (iii) a pension which, when added to such annuity 33 and such pension for increased-take-home-pay, produces a retirement 34 allowance equal to fifty percent of his or her final average salary, 35 plus an amount for each additional year of allowable service as an EMT 36 member, or fraction thereof, beyond such required minimum period of 37 service equal to two percent of his or her final average salary for such 38 allowable service as an EMT member during the period from completion of 39 twenty-two years of allowable service as an EMT member to the date of 40 retirement but not to exceed more than five years of additional service 41 as an EMT member. 42 d. Additional member contributions. 1. In addition to the member 43 contributions required pursuant to section 13-125 or section 13-162 of 44 the administrative code, each participant in the twenty-two year 45 improved benefit retirement program shall contribute, subject to the 46 applicable provisions of section 13-125.2 of the administrative code, an 47 additional six and one-half percent of his or her compensation earned 48 from all credited service, as a participant in the twenty-two year 49 improved benefit retirement program, rendered on and after the starting 50 date of the improved benefit retirement program, and all allowable 51 service as an EMT member after such person ceases to be a participant, 52 but before he or she again becomes a participant pursuant to paragraph 53 five of subdivision b of this section. A participant in the twenty-two 54 year improved benefit retirement program shall contribute additional 55 member contributions until the later of the date as of which he or she 56 is eligible to retire with at least twenty-two years of allowableA. 10686 9 1 service as an EMT member under such retirement program, or the first 2 anniversary of the starting date of the twenty-two year improved benefit 3 retirement program. The additional contributions required by this 4 section shall be in lieu of additional member contributions required by 5 section four hundred forty-five-d of this article, as added by chapter 6 ninety-six of the laws of nineteen hundred ninety-five, and shall be in 7 lieu of additional member contributions required by section four hundred 8 forty-five-e of this article, as added by chapter five hundred seventy- 9 seven of the laws of two thousand, and no member paying additional 10 contributions pursuant to this section shall be required to pay addi- 11 tional contributions pursuant to such subdivision d of section four 12 hundred forty-five-d of this article or pursuant to such subdivision d 13 of section four hundred forty-five-e of this article. 14 2. Commencing with the first full payroll period after each person 15 becomes a participant in the twenty-two year improved benefit retirement 16 program, additional member contributions at the rate specified in para- 17 graph one of this subdivision shall be deducted, subject to the applica- 18 ble provisions of section 13-125.2 of the administrative code, from the 19 compensation of such participant on each and every payroll of such 20 participant for each and every payroll period for which he or she is 21 such a participant. 22 3. (i) Subject to the provisions of subparagraph (ii) of this para- 23 graph, where any additional member contributions required by paragraph 24 one of this subdivision are not paid by deductions from a participant's 25 compensation pursuant to paragraph two of this subdivision: 26 (A) that participant shall be charged with a contribution deficiency 27 consisting of such unpaid amounts, together with interest thereon, 28 compounded annually; and 29 (B) such interest on each amount of undeducted contributions shall 30 accrue from the end of the payroll period for which such amount would 31 have been deducted from compensation if he or she had been a participant 32 at the beginning of that payroll period and such deductions had been 33 required for such payroll period until such amount is paid to the 34 retirement system; and 35 (C) (1) interest on each such amount included in such participant's 36 contribution deficiency pursuant to this subparagraph shall be calcu- 37 lated as if such additional member contributions never had been paid by 38 such participant, and such interest shall accrue from the end of the 39 payroll period to which an amount of such additional member contribution 40 is attributable, compounded annually, until such amount is paid to the 41 retirement system; 42 (2) the rate of interest to be applied to each such amount during the 43 period for which interest accrues on that amount shall be equal to the 44 rate or rates of interest required by law to be used during that same 45 period to credit interest on the accumulated deductions of retirement 46 system members. 47 (ii) Except as provided in subparagraph (iii) of this paragraph, no 48 interest shall be due on any unpaid additional contributions which are 49 not attributable to the period prior to the first full payroll period 50 referred to in paragraph two of this subdivision. 51 (iii) Should any person who, pursuant to paragraph seven of this 52 subdivision, has withdrawn any additional member contributions and any 53 interest paid thereon, again become a participant in the twenty-two year 54 improved benefit retirement program pursuant to paragraph five of subdi- 55 vision b of this section, an appropriate amount shall be included in 56 such participant's contribution deficiency, including interest thereonA. 10686 10 1 as calculated pursuant to subparagraph (ii) of this paragraph, for any 2 credited service with respect to which such person received a refund of 3 additional member contributions, including any amount of an unpaid loan 4 balance deemed to have been returned to such person pursuant to para- 5 graph seven of this subdivision, as if such additional member contrib- 6 utions never had been paid. 7 4. The board of trustees of the retirement system may, consistent with 8 the provisions of this subdivision, promulgate regulations for the 9 payment of the additional member contributions required by this subdivi- 10 sion, and any interest thereon, by a participant in the twenty-two year 11 improved benefit retirement program, including the deduction of such 12 contributions, and any interest thereon, from his or her compensation. 13 5. Where a participant who is otherwise eligible for service retire- 14 ment pursuant to subdivision c of this section did not, prior to the 15 effective date of retirement, pay the entire amount of a contribution 16 deficiency chargeable to him or her pursuant to paragraph three of this 17 subdivision, or repay the entire amount of a loan of his or her addi- 18 tional member contributions pursuant to paragraph eight of this subdivi- 19 sion, including accrued interest on such loan, that participant, never- 20 theless, shall be eligible to retire pursuant to subdivision c of this 21 section, provided, however, that where such participant is not entitled 22 to a refund of additional member contributions pursuant to paragraph 23 seven of this subdivision, such participant's service retirement benefit 24 calculated pursuant to the applicable provisions of subdivision c of 25 this section shall be reduced by a life annuity, calculated in accord- 26 ance with the method set forth in subdivision i of section six hundred 27 thirteen-b of this chapter, which is actuarially equivalent to: 28 (i) the amount of any unpaid contribution deficiency chargeable to 29 such member pursuant to paragraph three of this subdivision; plus 30 (ii) the amount of any unpaid balance of a loan of his or her addi- 31 tional member contributions pursuant to paragraph eight of this subdivi- 32 sion, including accrued interest on such loan. 33 6. Subject to the provisions of paragraph five of this subdivision, 34 where a participant has not paid in full any contribution deficiency 35 chargeable to him or her pursuant to paragraph three of this subdivi- 36 sion, and a benefit, other than a refund of a member's accumulated 37 deductions or a refund of additional member contributions pursuant to 38 paragraph seven of this subdivision, becomes payable by the retirement 39 system to the participant or to his or her designated beneficiary or 40 estate, the actuarial equivalent of any such unpaid amount shall be 41 deducted from the benefit otherwise payable. 42 7. (i) All additional member contributions required by this subdivi- 43 sion, and any interest thereon, which are received by the retirement 44 system shall be paid into its contingent reserve fund and shall be the 45 property of the retirement system. Such additional member contributions, 46 and any interest thereon, shall not for any purpose be deemed to be 47 member contributions or accumulated deductions of a member of the 48 retirement system under section 13-125 or section 13-162 of the adminis- 49 trative code while he or she is a participant in the twenty-two year 50 improved benefit retirement program or otherwise. 51 (ii) Should a participant in the twenty-two year improved benefit 52 retirement program, who has rendered less than fifteen years of credited 53 service cease to hold a position as an EMT member for any reason whatso- 54 ever, his or her accumulated additional member contributions made pursu- 55 ant to this subdivision, together with any interest thereon paid to the 56 retirement system, which remain credited to such participant's accountA. 10686 11 1 may be withdrawn by him or her pursuant to procedures promulgated in 2 regulations of the board of trustees of the retirement system, together 3 with interest thereon at the rate of interest required by law to be used 4 to credit interest on the accumulated deductions of retirement system 5 members compounded annually. 6 (iii) Notwithstanding any other provision of law to the contrary, (A) 7 no person shall be permitted to withdraw from the retirement system any 8 additional member contributions paid pursuant to this subdivision or any 9 interest paid thereon, except pursuant to and in accordance with the 10 preceding subparagraphs of this paragraph; and (B) no person, while he 11 or she is a participant in the twenty-two year improved benefit retire- 12 ment program, shall be permitted to withdraw any such additional member 13 contributions or any interest paid thereon pursuant to any of the 14 preceding subparagraphs of this paragraph or otherwise. 15 8. A participant in the twenty-two year improved benefit retirement 16 program shall be permitted to borrow from his or her additional member 17 contributions, including any interest paid thereon, which are credited 18 to the additional contributions account established for such participant 19 in the contingent reserve fund of the retirement system. The borrowing 20 from such additional member contributions pursuant to this paragraph 21 shall be governed by the same rights, privileges, obligations and proce- 22 dures set forth in section six hundred thirteen-b of this chapter which 23 govern the borrowing by members subject to article fifteen of this chap- 24 ter of member contributions made pursuant to section six hundred thir- 25 teen of this chapter. The board of trustees of the retirement system 26 may, consistent with the provisions of this subdivision, promulgate 27 regulations governing the borrowing of such additional member contrib- 28 utions. 29 9. Wherever a person has an unpaid balance of a loan of his or her 30 additional member contributions pursuant to paragraph eight of this 31 subdivision at the time he or she becomes entitled to a refund of his or 32 her additional member contributions pursuant to subparagraph (ii) of 33 paragraph seven of this subdivision, the amount of such unpaid loan 34 balance, including accrued interest, shall be deemed to have been 35 returned to such member, and the refund of such additional contributions 36 shall be the net amount of such contributions, together with interest 37 thereon in accordance with the provisions of such subparagraph. 38 10. Notwithstanding any other provision of law to the contrary, the 39 provisions of section one hundred thirty-eight-b of this chapter shall 40 not be applicable to the additional member contributions which are 41 required by this subdivision. 42 11. Notwithstanding any other provision of law to the contrary, the 43 additional member contributions which are required by this subdivision 44 shall not be reduced under any program for increased-take-home-pay. 45 e. The provisions of this section shall not be construed to provide 46 benefits to any participant in the twenty-two year improved benefit 47 retirement program which are greater than those which would be received 48 by a similarly situated member who is entitled to benefits under the 49 provisions of section 13-157.5 of the administrative code, but who is 50 not governed by the provisions of this article. 51 § 5. Paragraph 3 of subdivision b of section 604-e of the retirement 52 and social security law, as added by chapter 577 of the laws of 2000, is 53 amended to read as follows: 54 3. Each EMT member, other than an EMT member subject to paragraph one 55 or two of this subdivision, who [becomes] became subject to the 56 provisions of this article on or after the starting date of the twenty-A. 10686 12 1 five year retirement program and prior to the starting date of the twen- 2 ty-two year retirement program provided for in section six hundred 3 four-j of this article shall [become] continue to be a participant in 4 the twenty-five year retirement program [on the date he or she becomes5such an EMT member], unless such person elects to become a member of the 6 twenty-two year retirement program in accordance with the conditions and 7 terms of such section six hundred four-j. Provided, however, a person 8 subject to this paragraph, and who has exceeded age twenty-five upon 9 employment as an EMT member, shall be exempt from participation in the 10 improved twenty-five year retirement program if such person elects not 11 to participate by filing a duly executed form with the retirement system 12 within one hundred eighty days of becoming an EMT member. 13 § 6. The retirement and social security law is amended by adding a new 14 section 604-j to read as follows: 15 § 604-j. Twenty-two year retirement program for EMT members. a. Defi- 16 nitions. The following words and phrases as used in this section shall 17 have the following meanings unless a different meaning is plainly 18 required by the context. 19 1. "EMT member" shall mean a member of the New York city employees' 20 retirement system who is employed by the city of New York or by the New 21 York city health and hospitals corporation in a title whose duties are 22 those of an emergency medical technician or an advanced emergency 23 medical technician, as those terms are defined in section three thousand 24 one of the public health law, or in a title whose duties require the 25 supervision of employees whose duties are those of an emergency medical 26 technician or advanced emergency medical technician, as those terms are 27 defined in section three thousand one of the public health law. 28 2. "Twenty-two year retirement program" shall mean all the terms and 29 conditions of this section. 30 3. "Starting date of the twenty-two year retirement program" shall 31 mean the effective date of this section. 32 4. "Participant in the twenty-two year retirement program" shall mean 33 any EMT member who, under the applicable provisions of subdivision b of 34 this section, is entitled to the rights, benefits and privileges and is 35 subject to the obligations of the twenty-two year retirement program, as 36 applicable to him or her. 37 5. "Discontinued member" shall mean a participant in the twenty-two 38 year retirement program who, while he or she was an EMT member, discon- 39 tinued service as such a member and has a right to a deferred vested 40 benefit under subdivision d of this section. 41 6. "Administrative code" shall mean the administrative code of the 42 city of New York. 43 7. "Allowable service as an EMT member" shall mean (i) all service as 44 an EMT member; and (ii) all service while employed by the city of New 45 York or by the New York city health and hospitals corporation in the 46 title motor vehicle operator. 47 b. Participation in the twenty-two year retirement program. 1. Subject 48 to the provisions of paragraphs six and seven of this subdivision, any 49 person who is an EMT member on the starting date of the twenty-two year 50 retirement program and who, as such an EMT member or otherwise, last 51 became subject to the provisions of this article prior to such starting 52 date, may elect to become a participant in the twenty-two year retire- 53 ment program by filing, within one hundred eighty days after such start- 54 ing date, a duly executed application for such participation with the 55 retirement system of which such person is a member, provided he or she 56 is such an EMT member on the date such application is filed. An EMTA. 10686 13 1 member who elects to become a member of the twenty-two year retirement 2 program pursuant to this paragraph shall cease to be a member of the 3 twenty-five year retirement program provided for in section six hundred 4 four-e of this article, as added by chapter five hundred seventy-seven 5 of the laws of two thousand. 6 2. Subject to the provisions of paragraphs six and seven of this 7 subdivision, any person who becomes an EMT member after the starting 8 date of the twenty-two year retirement program and who, as such an EMT 9 member or otherwise, last became subject to the provisions of this arti- 10 cle prior to such starting date, may elect to become a participant in 11 the twenty-two year retirement program by filing, within one hundred 12 eighty days after becoming such an EMT member, a duly executed applica- 13 tion for such participation with the retirement system for which such 14 person is a member, provided he or she is such an EMT member on the date 15 such application is filed. An EMT member who elects to become a member 16 of the twenty-two year retirement program pursuant to this paragraph 17 shall cease to be a member of the twenty-five year retirement program 18 provided for in section six hundred four-e of this article, as added by 19 chapter five hundred seventy-seven of the laws of two thousand. 20 3. Any election to be a participant in the twenty-two year retirement 21 program shall be irrevocable. 22 4. Each EMT member who becomes subject to the provisions of this arti- 23 cle on or after the starting date of the twenty-two year retirement 24 program shall become a participant in the twenty-two year retirement 25 program on the date he or she becomes an EMT member. 26 5. Where any participant in the twenty-two year retirement program 27 shall cease to hold a position as an EMT member, he or she shall cease 28 to be such a participant and, during any period in which such person 29 does not hold such an EMT position, he or she shall not be a participant 30 in the twenty-two year retirement program and shall not be eligible for 31 the benefits of subdivision c of this section. 32 6. Where any participant in the twenty-two year retirement program 33 terminates service as an EMT member and returns to such service as an 34 EMT member at a later date, he or she shall again become such a partic- 35 ipant on that date. 36 7. Notwithstanding any other provision of the law to the contrary, any 37 person who is eligible to elect to become a participant in the twenty- 38 two year retirement program pursuant to paragraph one or two of this 39 subdivision for the full one hundred eighty day period provided for in 40 such applicable paragraph and who fails to timely file a duly executed 41 application for such participation with the retirement system, shall not 42 thereafter be eligible to become a participant in such program. 43 c. Service retirement benefits. 1. A participant in the twenty-two 44 year retirement program: 45 (i) who has completed twenty-two or more years of credited service; 46 and 47 (ii) who has paid, before the effective date of retirement, all addi- 48 tional member contributions and interest, if any, required by subdivi- 49 sion e of this section; and 50 (iii) who files with the retirement system of which he or she is a 51 member an application for service retirement setting forth at what time, 52 not less than thirty days subsequent to the execution and filing there- 53 of, he or she desires to be retired; and 54 (iv) who shall be a participant in the twenty-two year retirement 55 program at the time so specified for his or her retirement; shall beA. 10686 14 1 retired pursuant to the provisions of this section affording early 2 service retirement. 3 2. Notwithstanding any other provision of law to the contrary, and 4 subject to the provisions of paragraph six of subdivision e of this 5 section, the service retirement benefit for participants in the twenty- 6 two year retirement program who retire pursuant to paragraph one of this 7 subdivision shall be a retirement allowance consisting of: 8 (i) an amount, on account of the required minimum period of service, 9 equal to fifty percent of his or her final average salary; plus 10 (ii) an amount on account of allowable service as an EMT member, or 11 fraction thereof, beyond such required minimum period of service equal 12 to two percent of his or her final salary as an EMT member during the 13 period from the completion of twenty-two years of allowable service as 14 an EMT member to the date of retirement but not to exceed more than five 15 years of additional service as an EMT member. 16 d. Vesting. 1. A participant in the twenty-two year retirement 17 program: 18 (i) who discontinues service as such a participant, other than by 19 death or retirement; and 20 (ii) in the case of a participant who is not a New York city revised 21 plan member, who prior to such discontinuance, completed five but less 22 than twenty-two years of allowable service as an EMT member, and in the 23 case of a New York city revised plan member, who prior to such discon- 24 tinuance, completed ten but less than twenty-two years of allowable 25 service as an EMT member; and 26 (iii) who, subject to the provisions of paragraph seven of subdivision 27 e of this section, has paid, prior to such discontinuance, all addi- 28 tional member contributions and interest, if any, required by subdivi- 29 sion e of this section; and 30 (iv) who does not withdraw in whole or in part his or her accumulated 31 member contributions pursuant to section six hundred thirteen of this 32 article unless such participant thereafter returns to public service and 33 repays the amounts so withdrawn, together with interest, pursuant to 34 such section six hundred thirteen; 35 shall be entitled to receive a deferred vested benefit as provided in 36 this subdivision. 37 2. (i) Upon such discontinuance under the conditions and in compliance 38 with the provisions of paragraph one of this subdivision, such deferred 39 vested benefit shall vest automatically. 40 (ii) In the case of a participant who is not a New York city revised 41 plan member, such vested benefit shall become payable on the earliest 42 date on which such discontinued member could have retired for service if 43 such discontinuance had not occurred, or, in the case of a participant 44 who is a New York city revised plan member, such vested benefit shall 45 become payable at age sixty-three. 46 3. Subject to the provisions of paragraph seven of subdivision e of 47 this section, such deferred vested benefit shall be a retirement allow- 48 ance consisting of an amount equal to two percent of such discontinued 49 member's final average salary, multiplied by the number of years of 50 allowable service as an EMT member. 51 e. Additional member contributions. 1. In addition to the member 52 contributions required by section six hundred thirteen of this article, 53 each participant in the twenty-two year retirement program shall 54 contribute to the retirement system of which he or she is a member, 55 subject to the applicable provisions of subdivision d of section six 56 hundred thirteen of this article, an additional six and one-half percentA. 10686 15 1 of his or compensation earned from (i) all allowable service, as a 2 participant in the twenty-two year retirement program, rendered on or 3 after the starting date of the twenty-two year retirement program, and 4 (ii) all allowable service after such person ceases to be a participant, 5 but before he or she again becomes a participant pursuant to paragraph 6 six of subdivision b of this section. The additional contributions 7 required by this section shall be in lieu of additional member contrib- 8 utions required by subdivision d of section six hundred four-c of this 9 chapter as added by chapter ninety-six of the laws of nineteen hundred 10 ninety-five, and shall be in lieu of additional member contributions 11 required by subdivision e of section six hundred four-e of this chapter 12 as added by chapter five hundred seventy-seven of the laws of two thou- 13 sand, and no member making additional contributions pursuant to this 14 section shall be required to make contributions pursuant to such subdi- 15 vision d of section six hundred four-c of this article or such subdivi- 16 sion e of section six hundred four-e of this article. 17 2. A participant in the twenty-two year retirement program shall 18 contribute additional member contributions until the later of (i) the 19 first anniversary of the starting date of the twenty-two year retirement 20 program, or (ii) the date on which he or she completes thirty years of 21 credited service as an EMT member. 22 3. Commencing with the first full payroll period after each person 23 becomes a participant in the twenty-two year retirement program, addi- 24 tional member contributions at the rate specified in paragraph one of 25 this subdivision shall be deducted, subject to the applicable provisions 26 of subdivision d of section six hundred thirteen of this article, from 27 the compensation of such participant on each and every payroll of such 28 participant for each and every payroll period for which he or she is 29 such a participant. 30 4. (i) Each participant in the twenty-two year retirement program 31 shall be charged with a contribution deficiency consisting of the total 32 amounts of additional member contributions such person is required to 33 make pursuant to paragraphs one and two of this subdivision which are 34 not deducted from his or her compensation pursuant to paragraph three of 35 this subdivision, if any, together with interest thereon, compounded 36 annually, and computed in accordance with the provisions of subpara- 37 graphs (ii) and (iii) of this paragraph. 38 (ii)(A) The interest required to be paid on each such amount specified 39 in subparagraph (i) of this paragraph shall accrue from the end of the 40 payroll period for which such amount would have been deducted from 41 compensation if he or she had been a participant at the beginning of 42 that payroll period and such deduction had been required for such 43 payroll period, until such amount is paid to the retirement system. 44 (B) The rate of interest to be applied to each such amount during the 45 period for which interest accrues on that amount shall be equal to the 46 rate or rates of interest required by law to be used during that same 47 period to credit interest on the accumulated deductions of retirement 48 system members. 49 (iii) Except as otherwise provided in paragraph five of this subdivi- 50 sion, no interest shall be due on any unpaid additional member contrib- 51 utions which are not attributable to a period prior to the first full 52 payroll period referred to in paragraph three of this subdivision. 53 5. (i) Should any person who, pursuant to subparagraph (ii) of para- 54 graph ten of this subdivision, has received a refund of his or her addi- 55 tional member contributions including any interest paid on such contrib- 56 utions, again become a participant in the twenty-two year retirementA. 10686 16 1 program pursuant to paragraph six of subdivision b of this section, an 2 appropriate amount shall be included in such participant's contribution 3 deficiency, including interest thereon as calculated pursuant to subpar- 4 agraph (ii) of this paragraph, for any credited service for which such 5 person received a refund of such additional member contributions, 6 including any amount of an unpaid loan balance deemed to have been 7 returned to such person pursuant to paragraph twelve of this subdivi- 8 sion, as if such additional member contributions never had been paid. 9 (ii) (A) Interest on a participant's additional member contributions 10 included in such participant's contribution deficiency pursuant to 11 subparagraph (i) of this paragraph shall be calculated as if such addi- 12 tional member contributions had never been paid by such participant, and 13 such interest shall accrue from the end of the payroll period to which 14 an amount of such additional member contributions is attributable, until 15 such amount is paid to the retirement system. 16 (B) The rate of interest to be applied to such amount during the peri- 17 od for which interest accrues on that amount shall be five percent per 18 annum, compounded annually. 19 6. Where a participant who is otherwise eligible for service retire- 20 ment pursuant to subdivision c of this section did not, prior to the 21 effective date of retirement, pay the entire amount of a contribution 22 deficiency chargeable to him or her pursuant to paragraphs four and five 23 of this subdivision, or repay the entire amount of a loan of his or her 24 additional member contributions pursuant to paragraph eleven of this 25 subdivision, including accrued interest on such loan, that participant, 26 nevertheless, shall be eligible to retire pursuant to subdivision c of 27 this section, provided, however, that such participant's service retire- 28 ment benefit calculated pursuant to paragraph two of such subdivision c 29 shall be reduced by a life annuity, calculated in accordance with the 30 method set forth in subdivision i of section six hundred thirteen-b of 31 this article, which is actuarially equivalent to: 32 (i) the amount of any unpaid contribution deficiency chargeable to 33 such member pursuant to paragraphs four and five of this subdivision; 34 plus 35 (ii) the amount of any unpaid balance of a loan of his or her addi- 36 tional member contributions pursuant to paragraph eleven of this subdi- 37 vision, including accrued interest on such loan. 38 7. Where a participant who is otherwise eligible for a vested right to 39 a deferred benefit pursuant to subdivision d of this section did not, 40 prior to the date of discontinuance of service, pay the entire amount of 41 a contribution deficiency chargeable to him or her pursuant to para- 42 graphs four and five of this subdivision, or repay the entire amount of 43 a loan of his or her additional member contributions pursuant to para- 44 graph eleven of this subdivision, including accrued interest on such 45 loan, that participant, nevertheless, shall have a vested right to a 46 deferred benefit pursuant to subdivision d of this section provided, 47 however, that the deferred vested benefit calculated pursuant to para- 48 graph three of subdivision d of this section shall be reduced by a life 49 annuity, calculated in accordance with the method set forth in subdivi- 50 sion i of section six hundred thirteen-b of this article, which is actu- 51 arially equivalent to: 52 (i) the amount of any unpaid contribution chargeable to such member 53 pursuant to paragraphs four and five of this subdivision; 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.A. 10686 17 1 8. The head of a retirement system which includes participants in the 2 twenty-two year retirement program in its membership may, consistent 3 with the provisions of this subdivision, promulgate regulations for the 4 payment of such additional member contributions, and any interest there- 5 on, by such participants, including the deduction of such contributions, 6 and any interest thereon, from the participant's compensation. 7 9. Subject to the provisions of paragraphs six and seven of this 8 subdivision, where a participant has not paid in full any contribution 9 deficiency chargeable to him or her pursuant to paragraphs four and five 10 of this subdivision, and a benefit, other than a refund of member 11 contributions pursuant to section six hundred thirteen of this article 12 or a refund of additional member contributions pursuant to subparagraph 13 (ii) of paragraph ten of this subdivision, becomes payable under this 14 article 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 10. (i) Such additional member contributions, and any interest there- 18 on, shall be paid into the contingent reserve fund of the retirement 19 system of which the participant is a member and shall not for any 20 purpose be deemed to be member contributions or accumulated contrib- 21 utions of a member under section six hundred thirteen of this article or 22 otherwise while he or she is a participant in the twenty-two year 23 retirement program or otherwise. 24 (ii) Should a participant in the twenty-two year retirement program 25 who has rendered less than fifteen years of credited service cease to 26 hold a position as an EMT member for any reason whatsoever, his or her 27 accumulated additional member contributions made pursuant to this subdi- 28 vision, together with any interest thereon paid to the retirement 29 system, may be withdrawn by him or her pursuant to procedures promulgat- 30 ed in regulations of the board of trustees of the retirement system, 31 together with interest thereon at the rate of five percent per annum, 32 compounded annually. 33 (iii) Notwithstanding any other provision of law to the contrary, (A) 34 no person shall be permitted to withdraw from the retirement system any 35 additional member contributions paid pursuant to this subdivision or any 36 interest paid thereon, except pursuant to and in accordance with the 37 preceding subparagraphs of this paragraph; and (B) no person, while he 38 or she is a participant in the twenty-two year retirement program, shall 39 be permitted to withdraw any such additional member contributions or any 40 interest paid thereon pursuant to any of the preceding subparagraphs of 41 this paragraph or otherwise. 42 11. A participant in the twenty-two year retirement program shall be 43 permitted to borrow from his or her additional member contributions, 44 including any interest paid thereon, which are credited to the addi- 45 tional contributions account established for such participant in the 46 contingent reserve fund of the retirement system. The borrowing from 47 such additional member contributions pursuant to this paragraph shall be 48 governed by the rights, privileges, obligations and procedures set forth 49 in section six hundred thirteen-b of this article which govern the 50 borrowing of member contributions made pursuant to section six hundred 51 thirteen of this article. The board of trustees of the retirement system 52 may, consistent with the provisions of this subdivision and the 53 provisions of section six hundred thirteen-b of this article as made 54 applicable to this subdivision, promulgate regulations governing the 55 borrowing of such additional member contributions.A. 10686 18 1 12. Whenever a person has an unpaid balance of a loan or his or her 2 additional member contributions pursuant to paragraph eleven of this 3 subdivision at the time he or she becomes entitled to a refund of his or 4 her additional member contributions pursuant to subparagraph (ii) of 5 paragraph ten of this subdivision, the amount of such unpaid loan 6 balance, including accrued interest shall be deemed to have been 7 returned to such member, and the refund of such additional contributions 8 shall be the net amount of such contribution, together with interest 9 thereon in accordance with the provisions of such subparagraph (ii). 10 § 7. Paragraph 7 of subdivision d of section 613 of the retirement and 11 social security law, as amended by chapter 577 of the laws of 2000, is 12 amended to read as follows: 13 7. (i) The city of New York shall, in the case of an EMT member (as 14 defined in paragraph one of subdivision a of section six hundred four-e 15 of this article) who is a participant in the twenty-five year retirement 16 program (as defined in paragraph four of subdivision a of such section 17 six hundred four-e), and in the case of an EMT member (as defined in 18 paragraph one of subdivision a of section six hundred four-j of this 19 article) who is a participant in the twenty-two year retirement program 20 (as defined in paragraph four of subdivision a of such section six 21 hundred four-j), and who is not rendered ineligible for such pick ups by 22 another provision of law, pick up and pay to the retirement system of 23 which such participant is a member all additional member contributions 24 which otherwise would be required to be deducted from such member's 25 compensation pursuant to paragraphs one and two of subdivision e of 26 [such] section six hundred four-e of this article, or pursuant to para- 27 graphs one and two of subdivision e of section six hundred four-j of 28 this article, (not including any additional member contributions due for 29 any period prior to the first full payroll period referred to in such 30 paragraph three of such subdivision e), and shall effect such pick up on 31 each and every payroll of such participant for each and every payroll 32 period with respect to which such paragraph three would otherwise 33 require such deductions. 34 (ii) An amount equal to the amount of additional contributions picked 35 up pursuant to this paragraph shall be deducted by such employer from 36 the compensation of such member (as such compensation would be in the 37 absence of a pick up program applicable to him or her hereunder) and 38 shall not be paid to such member. 39 (iii) The additional member contributions picked up pursuant to this 40 paragraph for any such member shall be paid by such employer in lieu of 41 an equal amount of additional member contributions otherwise required to 42 be paid by such member under the applicable provisions of subdivision e 43 of section six hundred four-e of this article, and shall be deemed to be 44 and treated as employer contributions pursuant to section 414(h) of the 45 Internal Revenue Code. 46 (iv) For the purpose of determining the retirement system rights, 47 benefits and privileges of any member whose additional member contrib- 48 utions are picked up pursuant to this paragraph, such picked up addi- 49 tional member contributions shall be deemed to be and treated as part of 50 such member's additional member contributions under the applicable 51 provisions of subdivision e of section six hundred four-e and subdivi- 52 sion e of section six hundred four-j of this article. 53 (v) With the exception of federal income tax treatment, the additional 54 member contributions picked up pursuant to subparagraph (i) of this 55 paragraph shall for all other purposes, including computation of retire- 56 ment benefits and contributions by employers and employees, be deemedA. 10686 19 1 employee salary. Nothing contained in this subdivision shall be 2 construed as superseding the provisions of section four hundred thirty- 3 one of this chapter, or any similar provision of law which limits the 4 salary base for computing retirement benefits payable by a public 5 retirement system. 6 § 8. Section 13-125.2 of the administrative code of the city of New 7 York is amended by adding two new subdivisions a-9 and a-10 to read as 8 follows: 9 a-9. Notwithstanding any other provision of law to the contrary, on or 10 after the starting date for pick up, the employer responsible for pick 11 up shall, in the case of an EMT member, as defined in paragraph one of 12 subdivision a of section 13-157.5 of this chapter, who is a participant 13 in the twenty-two year improved benefit retirement program, as defined 14 in paragraph two of such subdivision a, pick up and pay to the retire- 15 ment system all additional member contributions which otherwise would be 16 required to be deducted from such member's compensation pursuant to 17 subdivision e of such section 13-157.5, and shall effect such pick up on 18 each and every payroll of such participant for each and every payroll 19 period with respect to which such subdivision e would otherwise require 20 such deductions. 21 a-10. Notwithstanding any other provision of law to the contrary, on 22 or after the starting date for pick up, the employer responsible for 23 pick up shall, in the case of an EMT member, as defined in paragraph two 24 of subdivision a of section four hundred forty-five-j of the retirement 25 and social security law, who is a participant in the twenty-two year 26 improved benefit retirement program, as defined in paragraph three of 27 such subdivision a, pick up and pay to the retirement system all addi- 28 tional member contributions which otherwise would be required to be 29 deducted from such member's compensation pursuant to subdivision d of 30 such section four hundred forty-five-j, and shall effect such pick up on 31 each and every payroll of such participant for each and every payroll 32 period with respect to which such subdivision d would otherwise require 33 such deductions. 34 § 9. Subparagraph (ii) of paragraph 1 of subdivision c of section 35 13-125.2 of the administrative code of the city of New York, as amended 36 by chapter 682 of the laws of 2003, is amended to read as follows: 37 (ii) the determination of the amount of such member's Tier I or Tier 38 II nonuniformed-force member contributions eligible for pick up by the 39 employer or additional member contributions required to be picked up 40 pursuant to subdivision a-one, subdivision a-two, subdivision a-three, 41 subdivision a-four, subdivision a-five, subdivision a-six, subdivision 42 a-seven [or], subdivision a-eight, subdivision a-nine, or subdivision 43 a-ten of this section; and 44 § 10. Subdivision d of section 13-125.2 of the administrative code of 45 the city of New York is amended by adding two new paragraphs 2-h and 2-i 46 to read as follows: 47 (2-h) For the purpose of determining the retirement system rights, 48 benefits and privileges of any member who is a participant in the twen- 49 ty-two year retirement program, as defined in paragraph two of subdivi- 50 sion a of section 13-157.5 of this chapter, the additional member 51 contributions of such participant picked up pursuant to subdivision 52 a-nine of this section shall be deemed to be and treated as a part of 53 such member's additional contributions under subdivision e of such 54 section 13-157.5. 55 (2-i) For the purpose of determining the retirement system rights, 56 benefits and privileges of any member who is a participant in the twen-A. 10686 20 1 ty-two year improved benefit retirement program, as defined in paragraph 2 three of subdivision a of section four hundred forty-five-j of the 3 retirement and social security law, the additional member contributions 4 of such participant picked up pursuant to subdivision a-ten of this 5 section shall be deemed to be and treated as a part of such member's 6 additional member contributions under subdivision d of section four 7 hundred forty-five-j of the retirement and social security law. 8 § 11. Paragraph 3 of subdivision d of section 13-125.2 of the adminis- 9 trative code of the city of New York, as amended by chapter 682 of the 10 laws of 2003, is amended to read as follows: 11 (3) Interest on contributions picked up for any Tier I or Tier II 12 non-uniformed-force member pursuant to this section (other than addi- 13 tional member contributions picked up pursuant to subdivision a-one, 14 subdivision a-two, subdivision a-three, subdivision a-four, subdivision 15 a-five, subdivision a-six, subdivision a-seven [or], subdivision 16 a-eight, subdivision a-nine, or subdivision a-ten of this section) shall 17 accrue in favor of the member and be payable to the retirement system at 18 the same rate, for the same time periods, in the same manner and under 19 the same circumstances as interest would be required to accrue in favor 20 of the member and be payable to the retirement system on such contrib- 21 utions if they were made by such member in the absence of a pick up 22 program applicable to such member under the provisions of this section. 23 § 12. Subdivision a of section 603 of the retirement and social secu- 24 rity law, as amended by chapter 18 of the laws of 2012, is amended to 25 read as follows: 26 a. The service retirement benefit specified in section six hundred 27 four of this article shall be payable to members who have met the mini- 28 mum service requirements upon retirement and attainment of age sixty- 29 two, other than members who are eligible for early service retirement 30 pursuant to subdivision c of section six hundred four-b of this article, 31 subdivision c of section six hundred four-c of this article, subdivision 32 d of section six hundred four-d of this article, subdivision c of 33 section six hundred four-e of this article, subdivision c of section six 34 hundred four-f of this article, subdivision c of section six hundred 35 four-g of this article, subdivision c of section six hundred four-h of 36 this article [or], subdivision c of section six hundred four-i of this 37 article, or subdivision c of section six hundred four-j of this article, 38 provided, however, a member of a teachers' retirement system or the New 39 York state and local employees' retirement system who first joins such 40 system before January first, two thousand ten or a member who is a 41 uniformed court officer or peace officer employed by the unified court 42 system who first becomes a member of the New York state and local 43 employees' retirement system before April first, two thousand twelve may 44 retire without reduction of his or her retirement benefit upon attain- 45 ment of at least fifty-five years of age and completion of thirty or 46 more years of service, provided, however, that a uniformed court officer 47 or peace officer employed by the unified court system who first becomes 48 a member of the New York state and local employees' retirement system on 49 or after January first, two thousand ten and retires without reduction 50 of his or her retirement benefit upon attainment of at least fifty-five 51 years of age and completion of thirty or more years of service pursuant 52 to this section shall be required to make the member contributions 53 required by subdivision f of section six hundred thirteen of this arti- 54 cle for all years of credited and creditable service, provided further 55 that the [the] preceding provisions of this subdivision shall not apply 56 to a New York city revised plan member.A. 10686 21 1 § 13. Subdivision d of section 613 of the retirement and social secu- 2 rity law is amended by adding a new paragraph 12 to read as follows: 3 12. (i) The city of New York shall, in the case of an EMT member, as 4 defined in paragraph one of subdivision a of section six hundred four-j 5 of this article, who is a participant in the twenty-two year retirement 6 program, as defined in paragraph four of subdivision a of such section 7 six hundred four-j, pick up and pay to the retirement system of which 8 such participant is a member all additional member contributions which 9 otherwise would be required to be deducted from such member's compen- 10 sation pursuant to paragraphs one and two of subdivision e of such 11 section six hundred four-j, not including any additional member contrib- 12 utions due for any period prior to the first full payroll period 13 referred to in such paragraph three of such subdivision e, and shall 14 effect such pick up on each and every payroll of such participant for 15 each and every payroll period with respect to which such paragraph three 16 would otherwise require such deductions. 17 (ii) An amount equal to the amount of additional contributions picked 18 up pursuant to this paragraph shall be deducted by such employer from 19 the compensation of such member, as such compensation would be in the 20 absence of a pick up program applicable to him or her hereunder, and 21 shall not be paid to such member. 22 (iii) The additional member contributions picked up pursuant to this 23 paragraph for any such member shall be paid by such employer in lieu of 24 an equal amount of additional member contributions otherwise required to 25 be paid by such member under the applicable provisions of subdivision e 26 of section six hundred four-j of this article, and shall be deemed to be 27 and treated as employer contributions pursuant to section 414(h) of the 28 Internal Revenue Code. 29 (iv) For the purpose of determining the retirement system rights, 30 benefits and privileges of any member whose additional member contrib- 31 utions are picked up pursuant to this paragraph, such picked up addi- 32 tional member contributions shall be deemed to be and treated as part of 33 such member's additional member contributions under the applicable 34 provisions of subdivision e of section six hundred four-j of this arti- 35 cle. 36 (v) With the exception of federal income tax treatment, the additional 37 member contributions picked up pursuant to subparagraph (i) of this 38 paragraph shall for all other purposes, including computation of retire- 39 ment benefits and contributions by employers and employees, be deemed 40 employee salary. Nothing contained in this subdivision shall be 41 construed as superseding the provisions of section four hundred thirty- 42 one of this chapter, or any similar provision of law which limits the 43 salary base for computing retirement benefits payable in New York by a 44 public retirement system. 45 § 14. Nothing contained in sections seven and twelve of this act shall 46 be construed to create any contractual right with respect to members to 47 whom such sections apply. The provisions of such sections are intended 48 to afford members the advantages of certain benefits contained in the 49 internal revenue code, and the effectiveness and existence of such 50 sections and benefits they confer are completely contingent thereon. 51 § 15. This act shall take effect immediately, provided, however that: 52 (a) The provisions of sections seven, twelve and thirteen of this act 53 shall remain in force and effect only so long as, pursuant to federal 54 law, contributions picked up under such section are not includable as 55 gross income of a member for federal income tax purposes until distrib- 56 uted or made available to the member; provided that the New York cityA. 10686 22 1 employees' retirement system shall notify the legislative bill drafting 2 commission upon the occurrence of such a change in federal law ruling 3 affecting the provisions of this act in order that the commission may 4 maintain an accurate and timely effective data base of the official text 5 of the laws of the state of New York in furtherance of effectuating the 6 provisions of section 44 of the legislative law and section 70-b of the 7 public officers law; 8 (b) The amendments to subdivision d of section 613 of the retirement 9 and social security law made by sections seven and thirteen of this act 10 shall not affect the expiration of such subdivision and shall expire 11 therewith; 12 (c) The amendments to section 13-125.2 of the administrative code of 13 the city of New York made by sections eight, nine, ten and eleven of 14 this act shall not affect the expiration of such section and shall be 15 deemed to expire therewith; and 16 (d) The amendments to subdivision a of section 603 of the retirement 17 and social security law made by section twelve of this act shall not 18 affect the expiration of such subdivision and shall be deemed to expire 19 therewith. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY OF BILL: This proposed legislation would amend certain provisions of the Retirement and Social Security Law (RSSL) and the Administrative Code of the City of New York (ACCNY), add RSSL Sections 445-j and 604-j, and add ACCNY Section 13-157.5 to establish a 22-Year Retirement Program for Emergency Medical Technicians (EMT 22-Year Plan) for each tier. Effective Date: Upon enactment. BACKGROUND: Members whose duties are one of the following are eligible to participate in the EMT 22-Year Plan: * Emergency Medical Technician, * Advanced Emergency Medical Technician, * Supervisor of employees whose duties are those of an emergency medical technician, and * Supervisor of employees whose duties are those of an advanced emer- gency medical technician. For the purposes of this Fiscal Note, these members are collectively referred to as "Emergency Medical Technicians" (EMTs). Participation in an applicable EMT 22-Year Plan is optional for anyone who is eligible to participate in such Plan on the date of enactment by filing an election form within 180 days of enactment. Anyone who is a member of the New York City Employees' Retirement System (NYCERS) on the date of enactment and who subsequently becomes employed as an EMT has 180 days from the date of employment as an EMT to elect to join the applicable EMT 22-Year Plan. Any EMT who becomes a NYCERS member after the date of enactment is mandated into the Tier 6 EMT 22-Year Plan. IMPACT ON BENEFITS: Currently, EMTs generally participate in one of the existing NYCERS 25-Year Retirement Programs for EMTs. Since there are no Tier 1 EMT members and only one active Tier 2 EMT, the following summary of the EMT 22-Year Plan is limited to Tier 4 and Tier 6 members. The proposed legislation, if enacted, would provide the following benefits to EMTs under the EMT 22-Year Plan: * Service retirement benefit: o 50% of Final Average Salary (FAS) for the first 22 years of Allow- able Service, plusA. 10686 23 o 2% of FAS for each additional year of Allowable Service, or fraction thereof, exceeding 22 years up to a maximum of 27 years of such service. * Final Average Salary: o Tier 4 - Three Year Average (FAS3). o Tier 6 - Five Year Average (FAS5). * Vested benefit: o Eligibility: [] Tier 4 - At least five, but less than 22, years of allowable service. [] Tier 6 - At least 10, but less than 22, years of allowable service. o Payable at: [] Tier 4 - The date the member would have completed 22 years of allowable service. [] Tier 6 - Age 63. o Amount: [] 2% of FAS for each year of allowable service. * Allowable Service: All service as an EMT member and service while employed by the city of New York or by the New York City Health and Hospitals Corporation in the title motor vehicle operator. * Other benefits: Members of the proposed EMT 22-Year Plans are enti- tled to the same disability and death benefits as other Tier 4 and Tier 6 members under the respective basic plans. ADDITIONAL MEMBER CONTRIBUTIONS: Members of the EMT 22-Year Plan are required to make, in addition to the Tier 4 Basic Member Contributions (BMC) of 3%, which are generally paid for a period of 10 years, and the Tier 6 BMC ranging from 3% to 6% depending on defined salary levels, Additional Member Contributions (AMC) equal to 6.50% of compensation for all service as a Plan participant on and after the starting date of the Plan until the later of the one-year anniversary of the effective date of the Plans or 30 years of credited service. EMTs who participate in one of the existing NYCERS 25-Year Retirement Programs are currently required to make AMC of 6.25%. FINANCIAL IMPACT - PRESENT VALUES: Based on the anticipated group of members joining the EMT 22-Year Plans and the actuarial assumptions and methods described herein, the enactment of this proposed legislation would increase the Present Value of Future Benefits (PVFB) by approxi- mately $122.1 million, and decrease the Present Value of member contrib- utions by approximately $22.0 million. The net result is an increase in the Present Value of future employer contributions of approximately $144.1 million. Under the Entry Age Normal cost method used to determine the employer contributions to NYCERS, there would be an increase in the Unfunded Accrued Liability (UAL) of approximately $84.3 million and an increase in the Present Value of future employer Normal Cost of $59.8 million. FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: In accordance with Section 13-638.2(k-2) of the ACCNY, new UAL attributable to benefit changes are to be amortized as determined by the Actuary, but are gener- ally amortized over the remaining working lifetime of those impacted by the benefit changes. As of June 30, 2019, the remaining working lifetime of the EMTs assumed to join the EMT 22-Year Plan is approximately 13 years. For the purposes of this Fiscal Note, the increase in UAL was amor- tized over a 13-year period (12 payments under the One-Year Lag Method- ology (OYLM)) using level dollar payments. This payment plus the increase in the Normal Cost results in an increase in annual employer contributions of approximately $19.8 million each year.A. 10686 24 CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is assumed that the changes in the Present Value of future employer contributions and annual employer contributions would be reflected for the first time in the June 30, 2020 actuarial valuation of NYCERS. In accordance with the OYLM used to determine employer contributions, the increase in employer contributions would first be reflected in Fiscal Year 2022. CENSUS DATA: The estimates presented herein are based on the census data used in the Preliminary June 30, 2019 (Lag) actuarial valuation of NYCERS to determine the Preliminary Fiscal Year 2021 employer contrib- utions. The 3,722 NYCERS EMTs as of June 30, 2019 assumed to join the EMT 22-Year Plans had an average age of approximately 36.3 years, average service of approximately 8.5 years, and an average salary of approxi- mately $59,200. ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of future employer contributions and annual employer contributions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2019 (Lag) actuarial valuations used to determine the Preliminary Fiscal Year 2021 employer contrib- utions of NYCERS. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the realization of the actuarial assumptions used, as well as certain demographic characteristics of NYCERS and other exogenous factors such as investment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Costs are also dependent on the actuarial methods used, and therefore different actuarial methods could produce different results. Quantifying these risks is beyond the scope of this Fiscal Note. Not measured in this Fiscal Note are the following: * The initial, additional administrative costs to implement the proposed legislation. * The impact of this proposed legislation on Other Postemployment Benefit (OPEB) costs. STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu- ary for, and independent of, the New York City Retirement Systems and Pension Funds. I am a Fellow of the Society of Actuaries, an Enrolled Actuary under the Employee Retirement Income and Security Act of 1974, a Member of the American Academy of Actuaries, and a Fellow of the Confer- ence of Consulting Actuaries. I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of my knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-48 dated June 1, 2020 was prepared by the Chief Actuary for the New York City Employees' Retirement System. This estimate is intended for use only during the 2020 Legislative Session.
