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The mayor is hereby empowered to authorize the head of any agency, in the mayor's discretion, to grant to an employee in any such agency, including per diem employees, a leave of absence with pay for the purpose of attending a convention, encampment or parade of any organization composed of veterans of the wars in which the United States has participated, or a convention of any firefighter's association or other organization composed of active or exempt volunteer firefighter, if such employee is a member of such organization or association, and does actually attend such convention, encampment or parade.
The salary of every officer or employee paid out of the city treasury who is unable to devote full time to the performance of such person's regular duties by reason of his or her attendance as a delegate at a constitutional convention shall be paid, notwithstanding such person's inability to devote full time to his or her regular duties.
a. The pay stub of each city employee receiving direct deposit shall be made available to such employee in electronic format which shall be printable by such employee.
b. Each such city employee shall have access to such electronic pay stub through a secure password-protected website, which can be accessed remotely from a computer terminal or kiosk with intranet and/or internet access in compliance with any local, state and federal laws, regulations and rules, including those dealing with privacy protection. Every city agency shall make reasonable accommodations to provide computer terminals and/or kiosks with intranet and/or internet access for city employees employed by such agency to access such employee's electronic pay stub and shall permit said employees to access such pay stub as an incidental use.
c. Any city employee who does not wish to receive an electronic pay stub pursuant to subdivision a of this section may request that a printed paper copy of such employee's pay stub be prepared and forwarded to such employee.
d. No later than September 1, 2008, the executive director of payroll administration, in collaboration with the commissioner of citywide administrative services, or his or her respective designee, shall establish and report to the council a plan regarding staggered implementation cycles for all city agencies to comply with the provisions of this local law by December 31, 2009. Such plan shall include, but not be limited to, a phase-in period during which city employees receive their respective pay stubs in both electronic and printed paper copy format and have the opportunity to request such pay stubs in printed paper copy format pursuant to subdivision c of this section.
e. Any obligation to prepare an electronic version of a city employee's pay stub pursuant to subdivision a of this section shall not negate or diminish any other obligation to furnish such employee with a W-2 wage and tax statement in accordance with federal laws and regulations.
f. For the purposes of this section, the following terms shall have the following meanings:
(1) "city employee" shall include elected officials of the city of New York and employees of such officials, including employees of mayoral agencies, provided that such employee's pay is processed by the office of payroll administration; and
(2) "city agency" shall include any agency of the city of New York that employs a city employee.
Notwithstanding any other law to the contrary, no beneficiary shall be permitted to change any optional selection after it has become effective, provided, however, that if:
(a) a retired member nominates the spouse of such member as the survivor beneficiary under option two or three of section 13-177 of the code, or if a retired member nominates the spouse of such member under option four of such section to receive payment of an annual benefit as a survivor; and
(b) such person so nominated ceases by causes other than death to be his or her spouse or is separated from such spouse; then the board of trustees shall have authority to permit the change of the optional benefit to the maximum benefit that is the actuarial equivalent by and with the consent of all parties.
a. Definitions. As used in this section, the following terms shall have the meaning hereinafter stated:
i. "City employee." A person: (1) who is employed by a department or agency of the city; and (2) is paid out of the city treasury; and (3) is employed under terms prescribing a work week regularly consisting of twenty or more hours during the fiscal year; and (4) is not employed by the board of education.
ii. "City retiree." A person who: (1) is receiving a retirement allowance, pension or other retirement benefit from a retirement or pension system either maintained by the city or to which the city has made contributions on behalf of such person pursuant to subdivision (g) of section 80-a of the retirement and social security law; and (2) immediately prior to such person's retirement as a member of such system, was a city employee, or was an employee of the board of education employed under terms prescribing a work week regularly consisting of twenty or more hours during the fiscal year; and (3) had at the time of retirement, at least five years of credited service as a member of such retirement or pension system, except that (A) such requirement of credited service shall not apply in cases of retirement for accident disability, (B) the requirement of credited service for vested retirement and service retirement shall be at least ten years for a person who was not an employee of the city or the board of education on or before the effective date of the local law that added this clause, and (C) notwithstanding the provisions of clause (B) of this subparagraph, the requirement of credited service for vested retirement and service retirement shall be at least fifteen years for a person who was not an employee of the city or the board of education on or before the effective date of the local law that added this clause, is receiving a retirement allowance from the New York city teachers' retirement system or the New York city board of education retirement system, and held a position represented by the recognized teacher organization for collective bargaining purposes on such person's last day of paid service.
iii. "Dependent." The spouse of a city employee or city retiree or any child of a city employee or city retiree during the period of eligibility of such child for coverage under the insurance contract applicable to such employee or retiree; provided, however, that no spouse or child of any such employee or retiree shall be deemed a dependent after the death of such employee or retiree.
iv. "Health insurance coverage." A program of hospital-surgical-medical benefits to be provided by health and hospitalization insurance contracts entered into between the city and companies providing such health and hospitalization insurance.
(1) The city will pay the entire cost of health insurance coverage for city employees, city retirees, and their dependents, not to exceed one hundred percent of the full cost of H.I.P.-H.M.O. on a category basis. Where such health insurance coverage is predicated on the insured's enrollment in the hospital and medical program for the aged and disabled under the Social Security Act, the city will pay the amount set forth in such act under 1839(a) as added by title XVIII of the 1965 amendment to the Social Security Act; provided that such amount shall not exceed the sum of nineteen dollars and fifty-three cents per month per individual for the period beginning January first, nineteen hundred eighty-eight and ending December thirty-first, nineteen hundred eighty-eight, and provided further however that such amount shall not exceed the sum of twenty-seven dollars and ninety cents per month per individual for the period beginning January first, nineteen hundred eighty-nine and ending December thirty-first, nineteen hundred ninety-one, and provided further that such amount shall not exceed the sum of twenty-nine dollars per month per individual for the period beginning January first, nineteen hundred ninety-two and ending December thirty-first nineteen hundred ninety-five. Provided further, that such amount shall not exceed the sum of thirty-two dollars per month per individual effective January first, nineteen hundred ninety-six. Provided further, that such amount shall not exceed the sum of thirty eight dollars and seventy cents per month effective January first, two thousand and provided further that each year thereafter, the City shall reimburse covered employees in an amount equal to one hundred percent of the Medicare Part-B premium rate applicable to that year.
(2) Health insurance coverage for surviving spouses, domestic partners and children of certain city employees:
(i) Where the death of a city employee is or was the natural and proximate result of an accident or injury sustained while in the performance of duty, or where accidental death benefits have been awarded in connection with a qualifying World Trade Center condition as defined in paragraph (a) of subdivision 36 of section 2 of the retirement and social security law, the surviving spouse or domestic partner, until he or she dies, and the children under the age of nineteen years and any such child who is enrolled on a full-time basis in a program of undergraduate study in an accredited degree-granting institution of higher education until such child completes his or her educational program or reaches the age of twenty-six years, whichever comes first, shall be afforded the right to health insurance coverage, and health insurance coverage which is predicated on the insured's enrollment in the hospital and medical program for the aged and disabled under the social security act, as is provided for city employees, city retirees and their dependents as set forth in paragraph one of this subdivision. Provided, however, and notwithstanding any other provision of law to the contrary, and solely for the purposes of this subparagraph, a member otherwise covered by this subparagraph shall be deemed to have died as the natural and proximate result of an accident or injury sustained while in the performance of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to 38 U.S.C. Chapter 43, and such member died while on active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services. For purposes of this subparagraph, "city employee" shall include employees of the board of education.
(ii) Where an active or retired member of the fire department dies and is enrolled in a health insurance plan, the surviving spouse or domestic partner shall be afforded the right to such health insurance coverage and health insurance coverage which is predicated on the insured's enrollment in the hospital and medical program for the aged and disabled under the social security act as is provided for retirees and their dependents as set forth in subparagraph (i) of this paragraph, provided such surviving spouse or domestic partner pays one hundred two percent of the group rate for such coverage, with two percent intended to cover administrative costs incurred, provided such spouse or domestic partner elects such health insurance coverage within one year of the death of his or her spouse or domestic partner. For purposes of this subparagraph, "member of the fire department" shall include persons who were employed by the fire department of the city of New York in a title whose duties are those of an emergency medical technician or advanced emergency medical technician (as those terms are defined in section three thousand one of the public health law), or whose duties required the direct supervision of employees whose duties are those of an emergency medical technician or advanced emergency medical technician (as those terms are defined in section three thousand one of the public health law), or whose duties are those of a fire protection inspector or associate fire protection inspector, or whose duties required the direct supervision of employees whose duties are those of a fire protection inspector or associate fire protection inspector.
(iii) Where a retired member of the police department, including premerger retirees who were police officers employed by the New York city housing authority or the New York city transit authority, dies and is enrolled in a health insurance plan, the surviving spouse shall be afforded the right to such health insurance coverage and health insurance coverage which is predicated on the insured's enrollment in the hospital and medical program for the aged and disabled under the social security act as is provided for retirees and their dependents as set forth in subparagraph (i) of this paragraph, provided such surviving spouse pays one hundred two percent of the group rate for such coverage, with two percent intended to cover administrative costs incurred, provided such spouse elects such health insurance coverage within one year of the death of his or her spouse.
(iv) Where an active or retired member of the New York city department of correction or sanitation dies and is enrolled in a health insurance plan, the surviving spouse or domestic partner shall be afforded the right to such health insurance coverage and health insurance coverage which is predicated on the insured's enrollment in the hospital and medical program for the aged and disabled under the social security act as is provided for retirees and their dependents as set forth in subparagraph (i) of this paragraph, provided such surviving spouse or domestic partner pays one hundred two percent of the group rate for such coverage, with two percent intended to cover administrative costs incurred, provided such spouse or domestic partner elects such health insurance coverage within one year of the death of his or her spouse or domestic partner.
c. Any amount paid by the city pursuant to subdivision b of this section shall not be deemed to be salary, wages or compensation within the meaning of any law relating to any retirement or pension system and shall not be considered or included for the purpose of computing or determining employee or city contributions or the rights, allowances and benefits to which a city employee or such employee's heirs or beneficiaries shall become entitled under any retirement or pension system; and shall not be construed as a change of grade or classification or as a promotion to higher grade or position.
d. Such health insurance coverage as is provided under this section shall be administered by office of labor relations.
(Am. L.L. 2015/094, 10/13/2015, retro. eff. 7/29/2015; Am. L.L. 2018/122, 6/23/2018, retro. eff. 4/4/2018; Am. L.L. 2020/024, 1/19/2020, retro. eff. 9/23/2019; Am. L.L. 2020/025, 1/19/2020, retro. eff. 10/22/2019; Am. L.L. 2020/032, 2/11/2020, eff. 2/11/2020; Am. 2023 N.Y. Laws Ch. 706, 12/8/2023, eff. 12/8/2023; Am. 2024 N.Y. Laws Ch. 584, 12/13/2024, eff. 12/13/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059 and L.L. 2020/032.
a. Definitions. The following terms, as used in this section, shall have the following meanings, unless a different meaning is plainly required by the context:
(1) "NYCERS former fractional plan member". A member of the New York city employees' retirement system who, pursuant to the provisions of subdivision m of section 13-162 of the code, is deemed to have elected to become a career pension plan member (as defined in subdivision forty-six of section 13-101 of the code), and who currently is such a career pension plan member or a fifty-five-year-increased-service-fraction member (as defined in subdivision fifty-one of section 13-101 of the code).
(2) "BERS former fractional plan member". A member of the board of education retirement system of the city of New York who, pursuant to the provisions of paragraph (g) of subdivision eighteen of section twenty-five hundred seventy-five of the education law, is deemed to have elected to become a career pension plan member (as defined in paragraph twenty-eight of section two of the rules and regulations of such retirement system), and who currently is such a career pension plan member or a fifty-five-year-increased-service-fraction member (as defined in paragraph thirty-one of section two of such rules and regulations).
(3) "Health insurance and welfare benefits fund surcharge". An amount, expressed as a percentage of salary, specified in a collective bargaining agreement (or other similar instrument) between the city of New York (or the board of education of the city) and the employee organization or organizations representing NYCERS former fractional plan members or BERS former fractional plan members in which it is provided that such members shall absorb the additional health insurance and welfare benefit fund increases caused by the enactment of subdivision m of section 13-162 of the code and paragraph (g) of subdivision eighteen of section twenty-five hundred seventy-five of the education law.
b. Commencing with the first full payroll period which begins after October first, nineteen hundred ninety-three, the salary of each NYCERS former fractional plan member and each BERS former fractional plan member shall be reduced by the amount of the health insurance and welfare benefits fund surcharge on each and every payroll of such member for each and every payroll period.
c. The commissioner of labor relations shall promulgate rules for the appropriate administration of this section.
d. Any salary reduction effectuated pursuant to subdivision b of this section shall be considered part of such member's salary for the purpose of computing employer and employee pension contributions and all retirement benefits administered by the New York city employees' retirement system or the board of education retirement system of the city of New York.
a. Definitions. The following terms, as used in this section shall have the following meanings, unless a different meaning is plainly required by the context:
(1) "RSSL". The New York state retirement and social security law.
(2) "Tier II member". A member of a retirement system or pension fund maintained by the city who is subject to the provisions of article eleven of the RSSL.
(3) "Tier III member". A member of a retirement system or pension fund maintained by the city who is subject to the provisions of article fourteen of the RSSL.
(4) "Tier IV member". A member of a retirement system or pension fund maintained by the city who is subject to the provisions of article fifteen of the RSSL.
(5) "Tier II or tier III correction officer participant in a twenty year retirement program." A tier II or tier III member of the uniformed correction force who is a participant in the twenty-year retirement program established pursuant to (A) section four hundred forty-five-a of the RSSL or (B) section four hundred forty-five-c of the RSSL or (C) section five hundred four-a of the RSSL or (D) section five hundred four-b of the RSSL.
(6) "Tier II or tier IV sanitation worker participant in a twenty-year retirement program." A tier II or tier IV member of the uniformed force of the New York city department of sanitation who is a participant in the twenty-year improved benefit retirement program established pursuant to section four hundred forty-five-b of the retirement and social security law or is a participant in the twenty-year retirement program established pursuant to section six hundred four-a of the retirement and social security law.
(7) "Health insurance and welfare benefits fund surcharge." An amount, expressed as a percentage of salary, specified in a collective bargaining agreement (or other similar instrument) between the city of New York and the employee organization or organizations representing tier II and tier III correction officer participants in a twenty-year retirement program or tier II or tier IV sanitation worker participants in a twenty-year retirement program in which it is provided that such participants shall absorb the additional health insurance and welfare benefit fund increases caused by the enactment of section four hundred forty-five-a of the retirement and social security law, section four hundred forty-five-b of the retirement and social security law, section four hundred forty-five-c of the retirement and social security law, section five hundred four-a of the retirement and social security, section five hundred four-b of the retirement and social security law and section six hundred four-a of the retirement and social security law.
(8) "Starting date." The first day of the first whole payroll period commencing after the date which is thirty days after the effective date of this section.
b. Effective as of the starting date, the salary of any tier II or tier III correction officer participant in a twenty-year retirement program or any tier II or tier IV sanitation worker participant in a twenty-year retirement program shall be reduced by the amount of the health insurance and welfare benefits fund surcharge on each and every payroll of such member for each and every payroll period.
c. The commissioner of labor relations shall promulgate rules for the appropriate administration of this section.
d. Any salary reduction effectuated pursuant to subdivision b of this section shall be considered part of such participant's final average salary for the purpose of computing employer and employee pension contributions and all retirement benefits administered by any retirement system or plan to which the city of New York contributes on behalf of said such participant. However, this subdivision shall in no way be construed to supersede the provisions of sections four hundred thirty-one, five hundred twelve and six hundred eight of the retirement and social security law or any other similar provision of law which limits the salary base for computing retirement benefits payable by a public retirement system.
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