a. A new transit police member may elect, prior to the certification of his or her rate of contribution, if not previously a member of the retirement system, and within thirty days after his or her appointment to the uniformed transit police force, if such person is a member of the retirement system at the time of such appointment, to contribute on the basis of a minimum retirement period of twenty years of allowable service rendered in such transit police force, by a written election duly executed and acknowledged, and filed with the board. The rate of contribution of a member so electing shall be equal to that (before any reduction in rate of contribution to which such member, after such election, may be entitled by reason of any plan for pensions-providing-for-increased-take-home-pay) at which he or she would contribute to the police pension fund maintained pursuant to subchapter two of chapter two of this title if (1) on the date of his or her appointment as a member of the uniformed transit police force he or she had been appointed a member of the police force of the city, and (2) he or she had elected a minimum retirement period of twenty years as a member of such police pension fund. Upon the retirement of such a new transit police member for service, such member shall receive a retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay, which shall be the actuarial equivalent of the reserve-for-increased-take-home-pay to which he or she may then be entitled, if any; and
3. a pension which shall be equal to:
(a) seventy-five per cent of one-fortieth of his or her final compensation multiplied by not to exceed the number of years of service in the uniformed transit police force on and after July first, nineteen hundred sixty-four, credited to him or her, which aggregates not more than twenty years of service, plus
(b) fifty-five per cent of one-sixtieth of his or her final compensation for the number of years of city-service prior to October first, nineteen hundred fifty-one acquired other than in the uniformed transit police force, plus
(c) seventy-five per cent of one-sixtieth of his or her final compensation multiplied by: (1) the number of years of city-service after October first, nineteen hundred fifty-one, acquired other than in the uniformed transit police force, and (2) the number of years of service in the uniformed transit police force credited to him or her in excess of twenty.
b. A new transit police member may elect, prior to the certification of his or her rate of contribution, if not previously a member of the retirement system, and within thirty days after his or her appointment to the uniformed transit police force, if such person is a member of the retirement system at the time of such appointment, to contribute on the basis of a minimum retirement period of twenty-five years of allowable service rendered in such transit police force, by a written election duly executed and acknowledged, and filed with the board. The rate of contribution of a member so electing shall be equal to that (before any reduction in rate of contribution to which such member, after such election, may be entitled by reason of any plan for pensions-providing-for-increased-take-home-pay) at which he or she would contribute to the police pension fund maintained pursuant to subchapter two of chapter two of this title if (1) on the date of his or her appointment as a member of the uniformed transit police force he or she had been appointed a member of the police force of the city, and (2) he or she had elected a minimum retirement period of twenty-five years as a member of such police pension fund. Upon the retirement of such a new transit police member for service, he or she shall receive a retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her accumulated deductions at the time of his or her retirement; and
2. a pension providing-for-increased-take-home-pay which shall be the actuarial equivalent of the reserve-for-increased-take-home-pay to which he or she may then be entitled, if any; and
3. a pension which shall be equal to:
(a) seventy-five per cent of one-fiftieth of his or her final compensation multiplied by not to exceed the number of years of service in the uniformed transit police force on and after July first, nineteen hundred sixty-four, credited to him or her, which aggregates not more than twenty-five years of service, plus
(b) fifty-five per cent of one-sixtieth of his or her final compensation for the number of years of city-service prior to October first, nineteen hundred fifty-one acquired other than in the uniformed transit police force, plus
(c) seventy-five per cent of one-sixtieth of his or her final compensation multiplied by: (1) the number of years of city-service after October first, nineteen hundred fifty-one acquired other than in the uniformed transit police force, and (2) the number of years of service in the uniformed transit police force credited to him or her in excess of twenty-five.
c. A prior transit police member may elect, on or before September thirtieth, nineteen hundred sixty-four, by a written election duly executed and acknowledged, and filed with the board, to contribute on and after July first, nineteen hundred sixty-four at a rate of contribution equal to that (before any reduction in rate of contribution to which such member, after such election, may be entitled by reason of any plan for pensions-providing-for-increased-take-home-pay) at which he or she would have been contributing on such July first to the police pension fund maintained pursuant to subchapter two of chapter two of this title if (1) he or she were on that date a member of the police force of the city and of such police pension fund, and (2) he or she had elected a minimum retirement period of twenty years as a member of such fund, and (3) he or she had been appointed to the city police force on the date on which he or she was appointed a member of the uniformed transit police force, and (4) where such member was appointed to the uniformed transit police force prior to March twenty-ninth, nineteen hundred forty, such police pension fund maintained pursuant to such subchapter two had been in existence on the date of such appointment. Upon the retirement of such a prior transit police member for service, he or she shall receive a retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the actuarial equivalent of that portion of the reserve-for-increased-take-home-pay to which he or she may then be entitled, if any, remaining after deducting from such reserve (a) all sums therein, including regular interest thereon, credited to him or her while a member of the uniformed transit police force, prior to January fifth, nineteen hundred sixty-three, plus (b) all sums therein, including regular interest thereon, credited to him or her for the period between January fifth, nineteen hundred sixty-three and June thirtieth, nineteen hundred sixty-four, both dates inclusive, which are derived from that part of a reduced-rate-of-contribution factor in excess of two and one-half per cent, provided that such sums mentioned in subparagraphs (a) and (b) of this paragraph two, shall, at the time of his or her retirement, be withdrawn from the credit of such member, shall become the property of the retirement system, and shall be paid into the contingent reserve fund provided for in section 13-127 of this chapter; and
3. a pension which shall be equal to:
(a) fifty-five per cent of one-fortieth of his or her final compensation multiplied by not to exceed twenty years of service in the uniformed transit police force, prior to October first, nineteen hundred fifty-one, credited to him or her, plus
(b) seventy-five per cent of one-fortieth of his or her final compensation multiplied by not to exceed the number of years of service in the uniformed transit police force on and after October first, nineteen hundred fifty-one, credited to him or her, which, together with the years of service in such force credited to him or her prior to such date, aggregates twenty years of service, plus
(c) fifty-five per cent of one-sixtieth of his or her final compensation for the number of years of city-service prior to October first, nineteen hundred fifty-one acquired other than in the uniformed transit police force, plus
(d) seventy-five per cent of one-sixtieth of his or her final compensation multiplied by: (1) the number of years of city-service on and after October first, nineteen hundred fifty-one, acquired other than in the uniformed transit police force, and (2) the number of years of service in the uniformed transit police force credited to him or her in excess of twenty.
d. A prior transit police member may elect, on or before September thirtieth, nineteen hundred sixty-four, by a written election duly executed and acknowledged, and filed with the board, to contribute on and after July first, nineteen hundred sixty-four at a rate of contribution equal to that (before any reduction in rate of contribution to which such member, after such election, may be entitled by reason of any plan for pensions-providing-for-increased-take-home-pay) at which he or she would have been contributing on such July first to the police pension fund maintained pursuant to subchapter two of chapter two of this title if (1) he or she were on that date a member of the police force of the city and of such police pension fund, and (2) he or she had elected a minimum retirement period of twenty-five years as a member of such fund, and (3) he or she had been appointed to the city police force on the date on which he or she was appointed a member of the uniformed transit police force, and (4) where such member was appointed to the uniformed transit police force prior to March twenty-ninth, nineteen hundred forty, such police pension fund maintained pursuant to such subchapter two had been in existence on the date of such appointment. Upon the retirement of such a member for service he or she shall receive a retirement allowance consisting of:
1. an annuity which shall be the actuarial equivalent of his or her accumulated deductions at the time of his or her retirement; and
2. a pension-providing-for-increased-take-home-pay which shall be the actuarial equivalent of that portion of the reserve-for-increased-take-home-pay to which he or she may then be entitled, if any, remaining after deducting from such reserve (a) all sums therein, including regular interest thereon, credited to him or her while a member of the uniformed transit police force, prior to January fifth, nineteen hundred sixty-three, plus (b) all sums therein, including regular interest thereon, credited to him or her for the period between January fifth, nineteen hundred sixty-three and June thirtieth, nineteen hundred sixty-four, both dates inclusive, which are derived from that part of a reduced-rate-of-contribution factor in excess of two and one-half per cent, provided that such sums mentioned in subparagraphs (a) and (b) of this paragraph two, shall, at the time of his or her retirement, be withdrawn from the credit of such member, shall become the property of the retirement system, and shall be paid into the contingent reserve fund provided for in section 13-127 of this chapter; and
3. a pension which shall be equal to:
(a) fifty-five per cent of one-fiftieth of his or her final compensation multiplied by not to exceed twenty-five years of service in the uniformed transit police force prior to October first, nineteen hundred fifty-one, credited to him or her, plus
(b) seventy-five per cent of one-fiftieth of his or her final compensation multiplied by not to exceed the number of years of service in the uniformed transit police force on and after October first, nineteen hundred fifty-one, credited to him or her, which, together with the years of service in such force credited to him or her prior to such date, aggregates twenty-five years of service, plus
(c) fifty-five per cent of one-sixtieth of his or her final compensation for the number of years of city-service prior to October first, nineteen hundred fifty-one acquired other than in the uniformed transit police force, plus
(d) seventy-five per cent of one-sixtieth of his or her final compensation multiplied by: (1) the number of years of city-service on and after October first, nineteen hundred fifty-one acquired other than in the uniformed transit police force, and (2) the number of years of service in the uniformed transit police force credited to him or her in excess of twenty-five.
e. Any transit police member who has elected pursuant to this section, optional retirement after twenty or twenty-five years of allowable service and who shall have attained the minimum period of service retirement elected by him or her, upon his or her own written application to and filed with the board setting forth at what time, not less than thirty days subsequent to the execution and filing thereof, he or she desires to be retired, shall be retired as of the date specified in said application, provided that at the time so specified for his or her retirement, his or her term or tenure of office or employment shall not have terminated or have been forfeited, and provided further that upon his or her request in writing, the member shall be granted a leave of absence from the date of filing said application until the date the retirement becomes effective.
f. Notwithstanding any other provision of this section, the provisions of section two hundred seven-d of the general municipal law shall apply to any transit police member in the same manner and to the same extent as if the definition of "police officer" in such section included a paid officer or member of the uniformed transit police force; provided, however, that any such member shall not be entitled to any rights or benefits under such section two hundred seven-d in the event that, if a member of the police force of the city and of the police pension fund maintained pursuant to subchapter two of chapter two of this title; who had elected a minimum period of service as a prerequisite for eligibility for retirement for service and who had served in the city police force beyond such minimum period of service, were to retire for any cause whatsoever on the same date as that on which such transit police member retires for any cause whatsoever, the provisions of such section two hundred seven-d would not be applicable, operative or effective for determining the rights or benefits of such member of the city police force.
g. (1) Notwithstanding the provisions of subdivisions a, b, c and d of this section, a transit police member shall, upon retirement for service, and in lieu of any lesser amount prescribed by the applicable provisions of such subdivisions or otherwise, receive a retirement allowance on account of his or her minimum period of service rendered as a member of the uniformed transit police force, which shall, subject to the provisions of this subdivision g, be equal to one-half of his or her annual compensation earnable upon the date of his or her retirement; provided, however, that any such member shall not be entitled to a retirement allowance, determined under and pursuant to the foregoing provisions of this paragraph one, on account of his or her minimum period of such service, in the event that, if a member of the police force of the city and of the police pension fund maintained pursuant to subchapter two of chapter two of this title, who had elected completion of a minimum period of service as a prerequisite for eligibility for retirement for service, were to retire for service on the same date as such transit police member, the provisions of subdivision one of section two hundred seven-e of the general municipal law, as added by chapter two hundred fifty-eight of the laws of nineteen hundred sixty-three, would not be applicable, operative or effective for determining the rights to a retirement allowance of such member of the city police force for such minimum period of service and would not provide for such member of such police force, the retirement allowance specified in such subdivision one for such minimum period of service, in lieu of any lesser benefit otherwise prescribed.
(2) Subject to the provisions of section 13-130 of this chapter, the addition and computation of a further pension, in order to provide such retirement allowance under paragraph one of this subdivision g for a transit police member, shall be subject to the terms and conditions of subdivision two of section two hundred seven-e of the general municipal law, as added by chapter two hundred fifty-eight of the laws of nineteen hundred sixty-three, in the same manner and to the same extent as if the term "uniformed force of the police department of such city", mentioned in such subdivision, included the uniformed transit police force.
(3) Where additional retirement benefits are payable to transit police members under the provisions of this section, other than the provisions of this subdivision and subdivision f thereof, or are required to be paid under the provisions of section two hundred seven-d of the general municipal law, as made applicable by the provisions of such subdivision f, such additional benefits shall be paid, for service in addition to and in excess of the minimum service requirements, in addition to the minimum retirement benefits required to be paid by this subdivision g.
h. (1) Subject to the provisions of paragraph three of this subdivision h, when a transit captain who is a transit police member shall have acted under regular detail in any capacity above the rank of transit captain and shall have received additional compensation therefor, during a period or periods aggregating two years, such transit officer, upon retirement pursuant to the provisions of subdivision e of this section, shall be entitled to a retirement allowance equal to that to which he or she would be entitled under the provisions of subdivision c of section 14-114 of the code, if:
(a) he or she had been a captain of the police force of the city who retired after having acted under regular detail in a capacity above the rank of captain in such city police force for a period or periods aggregating two years, and
(b) the highest salary received by him or her during such assumed period or periods of service in a capacity above the rank of captain in such city police force were identical with the highest salary actually received by such transit officer during the period or periods of his or her service as a transit officer in a capacity above the rank of transit captain, and
(c) he or she had served in such city police force for a total period of time identical with his or her total period of service in the uniformed transit police force, and
(d) he or she had made during such assumed period of service in the city police force, the same election or elections as to waiver and withdrawal of waiver of a reduction in contributions by reason of any plan for pensions-providing-for-increased-take-home-pay, as he or she made during such period of service in the uniformed transit police force.
(2) Subject to the provisions of paragraph three of this subdivision h, when a transit captain who is a transit police member shall have served in the rank of transit captain for a period of ten years, he or she shall have the same right to a retirement allowance as if he or she had been detailed to act as inspector and had served as such and had received additional compensation therefor during a period or periods of time aggregating two years. A transit captain who is a transit police member and who shall have served as such less than ten years and more than five years, shall have the same right to a retirement allowance as if he or she had been detailed to act as a deputy inspector and had served as such and had received additional compensation therefor during a period or periods of time aggregating two years. For the purpose of determining the retirement allowance to which any transit captain is entitled under the provisions of this paragraph two, the salary of an inspector or deputy inspector of the police force of the city, at the time of such retirement of such transit captain, shall be deemed to be identical with the salary of an inspector or deputy inspector, as the case may be, in the transit police force, at the same time. In the event that the detail of transit captain acting as inspector or deputy inspector does not exist in the transit police department or the uniformed transit police force, then, for the purposes of this paragraph two, it shall be deemed that such detail does exist with the same salary as is applicable to such rank in the New York city police force at the time of such retirement of any such transit captain.
(3) In any case where a transit officer entitled to a retirement allowance under paragraph one or two of this subdivision h, is a prior transit police member, and by reason of any such waiver or waivers by such transit officer, he or she is entitled to receive a pension-providing-for-increased-take-home-pay, in addition to the portions of his or her retirement allowance otherwise payable under the foregoing provisions of this subdivision h, such pension-providing-for-increased-take-home-pay shall be reduced in the manner prescribed by paragraph two of subdivision c or d of this section, as the case may be, and the pension-providing-for-increased-take-home-pay paid to such transit officer shall be such pension as so reduced, and the sums deducted from the reserve-for-increased-take-home-pay, as prescribed by such paragraph two, shall, at the time of retirement of such transit officer, be withdrawn from his or her credit, shall become the property of the retirement system and should be paid into the contingent reserve fund provided for in section 13-127 of this chapter.
(4) In lieu of any other retirement benefits granted to him or her upon retirement from the uniformed transit police force, any transit police member who shall have served as a chief of the transit police department on or after January first, nineteen hundred sixty-nine, shall, at his or her election, be entitled upon retirement to a retirement allowance which shall consist of an annuity which is the actuarial equivalent of his or her accumulated deductions at the time of his or her retirement from the uniformed transit police force and a pension which, when added to such annuity, shall be equal to two-thirds of his or her salary as chief of the transit police department. For the purpose of computing the annuity portion of such retirement allowance, his or her accumulated deductions shall be the required amount of such deductions at the time of his or her retirement from the uniformed transit police force, without any increase resulting from excess contributions and without any decrease resulting from withdrawals, loans, optional modification, payment of his or her contributions for old age and survivor's insurance coverage, or from any other transaction authorized by law.
i. Notwithstanding the provisions of section 13-166 of this chapter or any other section of the code to the contrary, no transit police member electing optional retirement pursuant to this section, who is on the date of such election sixty-three or more years of age or who on or after such date attains the age of sixty-three years, shall continue serving as a member of the uniformed transit police force but shall be retired, provided, however, that any such member who is not eligible for retirement at the age of sixty-three may continue to serve as a member of such force only until such time as he or she becomes eligible for retirement for service, provided further that, at the discretion of the chief personnel officer within the transit authority and upon the recommendation of the chief of the transit police force, the deputy chief of the transit police force may continue to serve in such position beyond such age.
(2) Except as otherwise provided in this section and section 13-130 of this chapter, on and after July first, nineteen hundred sixty-four, each transit police member shall have and shall be entitled and subject to the same rights, benefits, privileges and obligations as a member of the police force of the city who is a member of the police pension fund maintained pursuant to subchapter two of chapter two of this title, with respect to the matters provided for in sections 13-219, 13-225, 13-226, 13-239, 13-242, 13-243, 13-244, 13-251, 13-252, 13-254, 13-256, 13-257, 13-258, 13-261, 13-261.2, 13-261.3 and 13-262 of such subchapter two; provided, however, that:
(a) each transit police member shall have and shall be entitled and subject to such rights, benefits, privileges and obligations as to such matters only in so far as such rights, benefits, privileges and obligations accrue on and after July first, nineteen hundred sixty-four, and nothing contained in this paragraph two shall confer upon or create in relation to any transit police member any such right, benefit, privilege or obligation with respect to any period of time or event occurring before July first, nineteen hundred sixty-four; and
(b) such rights, benefits, privileges and obligations conferred upon or created in relation to each transit police member by this paragraph two with respect to such matters provided for in such sections of such subchapter two, shall be in lieu of any and all rights, benefits, privileges and obligations which, if such member were not a transit police member, (1) would accrue to him or her under this title, on and after July first, nineteen hundred sixty-four, with respect to such matters, or (2) he or she would have and would be entitled and subject to under this chapter, with respect to such matters, for any period of time on and after such date, or by reason of any event occurring on or after such date; and
(c) any and all rights, benefits, privileges and obligations of a transit police member under this chapter, in so far as they accrued prior to July first, nineteen hundred sixty-four, or arose from or were based upon any event occurring prior to such date, shall be governed by and determined in accordance with the provisions of this chapter which would be applicable to such member if he or she were not a transit police member; and
(d) for the purpose of determining the rights, benefits, privileges and obligations of a transit police member under this paragraph two, nothing contained in subparagraphs (a) and (c) of this paragraph two shall be construed as depriving any such member (1) of credit, as otherwise granted or authorized by the provisions of this chapter, for city-service rendered prior to July first, nineteen hundred sixty-four, or (2) of credit for contributions made by such member prior to such date, or (3) of rights, accruing prior to such date, with respect to any plan for pensions-providing-for-increased-take-home-pay, provided that such rights as to such plan shall be reduced to the extent and in the manner provided in paragraph two of subdivisions c and d of this section, and in subdivision h of this section and in paragraphs six and eleven of this subdivision j.
(3) The rights, benefits, privileges and obligations conferred upon or created in relation to transit police members by paragraph two of this subdivision j shall be determined by the retirement system in accordance with the actuarial tables adopted from time to time for the police pension fund maintained pursuant to subchapter two of chapter two of this title and such tables shall be employed by the retirement system, in making any such determination, in the same manner as they are employed under such subchapter two in determining the corresponding rights, benefits, privileges and obligations of members of such police pension fund.
(4) The rights, benefits, privileges and obligations conferred upon or created in relation to transit police members by paragraph two of this subdivision j shall be administered by the retirement system pursuant to its rules and regulations and nothing contained in this section or in any other law shall be construed as conferring upon the board of trustees of the police pension fund maintained pursuant to subchapter two of chapter two of this title, or the medical board or any other agency of such pension fund, any jurisdiction, power or duties to administer such rights, benefits, privileges or obligations or to adopt rules or regulations relating thereto.
(5) Notwithstanding any other provision of this section, where any part of the principal and interest with respect to any loan made to a member pursuant to section 13-140 of this chapter remains unpaid at the time when such member seeks to elect to become a transit police member pursuant to the applicable provisions of subdivisions a, b, c and d of this section, such member shall not have the right to make such election unless he or she shall execute and acknowledge, and file with the board, a written agreement providing that from and after the execution of such agreement, all of his or her obligations and rights with respect to the principal and interest remaining unpaid on such loan shall be governed by section 13-239 of this title, and that the terms and conditions of such loan may be changed or modified by the board, with respect to any principal thereof and interest thereon remaining unpaid, so as to conform with the provisions of section 13-239 of this title. For the purposes of this paragraph and of paragraph two of this subdivision j, wherever the term "pension fund" appears in such section 13-239 of this title, it shall be deemed to mean the retirement system.
(6) In any case where an ordinary death benefit or accidental death benefit is payable pursuant to the provisions of paragraph two of this subdivision j and the applicable provisions of section 13-243 or section 13-244 of this title, as the case may be, by reason of the death of a prior transit police member, any reserve-for-increased-take-home-pay payable or allocable to any beneficiary under such provisions shall first be reduced in the manner prescribed by paragraph two of subdivision c or d, as the case may be, of this section and the amount of the deduction from such reserve, as prescribed by subparagraphs (a) and (b) of such paragraph two, shall be withdrawn from the credit of such member, shall become the property of the retirement system and shall be paid into the contingent reserve fund provided for in section 13-127 of this chapter.
(7) In any case where an accidental death benefit is payable, pursuant to the provisions of paragraph two of this subdivision j and section 13-244 of this title, by reason of the death of a transit police member, the provisions of section 13-244 of this title prescribing that the pension payable thereunder shall in no case be less than one-half of the full salary payable to a first-grade patrolman on the date of death of such employee, shall not apply to the determination of the amount of the death benefit payable by reason of the death of such transit police member, and the amount of such death benefit, including any pension payable, shall be determined as if such provisions were not included in such section.
(8) The provisions of section 13-150 of this chapter shall not apply to any transit police member.
(9) For the purposes of paragraph two of this subdivision j, wherever the following terms appear in any section of subchapter two of chapter two of this title mentioned in such paragraph two, they shall be deemed to have the following meanings:
(a) "commissioner": the New York city transit authority.
(b) "medical board": the medical board of the retirement system.
(c) "city-service": city-service as defined in subdivision three of section 13-101 of this chapter.
(d) "board": the board of trustees of the retirement system.
(e) "police service": allowable service in the uniformed transit police force as a member of such force, excluding any service credit acquired by transfer under any provision of law.
(f) "discontinued member": a transit police member who has discontinued service in the uniformed transit police force and has a vested right to a retirement allowance under the provisions of section 13-256 of this title.
(10) For the purposes of paragraph two of this subdivision j, the provisions of section 13-252 of this title shall not be applicable to a transit police member for whom application for retirement for accident disability is made, in any case where the city-service claimed to have resulted in the alleged disability of such member was performed prior to July first, nineteen hundred sixty-four.
(11) In any case where a retirement allowance for accident disability is payable, pursuant to the provisions of paragraph two of this subdivision j and section 13-258 of this title, with respect to a prior transit police member, any reserve-for-increased-take-home-pay constituting the basis of a pension payable pursuant to subdivision two of section 13-258 of this title, shall first be reduced in the manner prescribed by paragraph two of subdivision c or d, as the case may be, of this section, and the amount of the deduction from such reserve, as prescribed by subparagraphs (a) and (b) of such paragraph two, shall be withdrawn from the credit of such member, shall become the property of the retirement system, and shall be paid into the contingent reserve fund provided for in section 13-127 of this chapter. The pension payable with respect to such member pursuant to such subdivision two of such section 13-258 of this title shall be the actuarial equivalent of the portion of such reserve remaining after such deduction.
(12) For the purposes of paragraph two of this subdivision j,
(a) the provisions of section 13-262 of this title shall be deemed to refer to a beneficiary receiving or entitled to receive a retirement allowance under subdivision a, b, c or d of this section, who re-enters city-service; and
(b) wherever the following terms appear in section 13-262 of this title, they shall be deemed to have the following meaning:
(i) police commissioner: the chief of the transit police force;
(ii) deputy police commissioner: the deputy chief of the transit police force.
(13) The applicability of section 13-225 of this title to each prior transit police member, pursuant to the provisions of paragraph two of this subdivision j, shall be subject to the provisions of the opening paragraph of subdivision c or d of this section, as the case may be, with respect to rate of contribution.
(14) (a) For the purpose of computing an annuity and a pension, pursuant to paragraphs one and two of subdivision c of section 13-256 of this title, for a discontinued member, service credit acquired by such member pursuant to section forty-three of the retirement and social security law and accumulated deductions transferred pursuant to such section shall be excluded.
(b) For city-service credited to a discontinued member, other than allowable service in the uniformed transit police force as a member of such force, such member shall receive, in lieu of any other pension under section 13-256 of this title for such other service:
(i) a pension which shall be equal to fifty-five per cent of one-sixtieth of his or her final compensation multiplied by the number of years of such other city-service rendered prior to October first, nineteen hundred fifty-one; and
(ii) a pension which shall be equal to seventy-five per cent of one-sixtieth of his or her final compensation multiplied by the number of years of such other city-service rendered on and after October first, nineteen hundred fifty-one.
k. For the purposes of this section, the words, "final compensation", shall mean the average annual compensation earnable by a member for city-service during the last five years of city-service, or during any other five consecutive years of city-service since he or she last became a member which such member shall designate.
l. In the event that a transit police member, without having previously retired as such member, shall cease to be a member of the uniformed transit police force and shall enter upon any other form of city-service, the provisions of subdivision g of section 13-107 of this chapter shall be inapplicable to such member, and in the event that any benefit shall become payable under this chapter to such member or to any beneficiary of such member, while such member is performing any such other form of city-service, his or her service in the uniformed transit police force shall be credited and treated in the same manner as such other form of city-service.
m. Nothing contained in this section shall affect or decrease the amount of the contributions due from any transit police member for any period prior to July first, nineteen hundred sixty-four or give rise to any right on the part of any such member to a refund of any contributions made by him or her for any period prior to such date or to any benefit in lieu of such refund.
n. The provisions of section 13-108 of this chapter shall be inapplicable to any transit police member so long as he or she shall be such a member.
o. (1) The election by any transit police member of optional retirement after twenty or twenty-five years of allowable service pursuant to the applicable provisions of subdivisions a, b, c and d of this section shall constitute a consent and agreement by each member that in the event that any provision of this section confers, or is adjudged by any court of competent jurisdiction to confer upon such member any right, benefit or privilege which is greater than the corresponding right, benefit or privilege which such member would possess if he or she were, under the same circumstances, a member of the police force of the city and a member of the police pension fund maintained pursuant to subchapter two of chapter two of this title, the legislature shall have the right and power to enact any law or laws or amendments thereto which diminish such right, benefit or privilege of such transit police member so that the same becomes equal to such corresponding right, benefit or privilege which he or she would possess if he or she were a member of such police pension fund.
(2) In enacting this section, the legislature, in pursuance of the consent and agreement provided for by paragraph one of this subdivision o, does hereby reserve to the state of New York and to itself, the right and power to enact any law or laws or amendments thereto referred to in such paragraph one.
(3) For the purposes of this subdivision o, if any transit police member was appointed a member of the uniformed transit police force prior to March twenty-ninth, nineteen hundred forty, such police pension fund maintained pursuant to such subchapter two shall be deemed to have been in existence on the date of such appointment.
(4) Every written election of optional retirement executed and filed pursuant to the applicable provisions of subdivisions a, b, c and d of this section shall contain a copy of this subdivision o; provided, however, that the omission of such copy from any such written election shall not invalidate the consent granted and agreement made by such election, as herein prescribed.
q. (1) Notwithstanding any other provision of this section or chapter to the contrary, any transit police member who was a member in city-service on July first, nineteen hundred seventy-two and who shall hereafter purchase service credit pursuant to paragraph two of this subdivision q for any period of continuous city-service in a position in the uniformed transit police force, which period:
(a) next precedes the date on which such member last became a member; and
(b) begins not earlier than the date six months prior to the date on which he or she last became a member; shall be credited with such service for the purpose of determining the amount of his or her retirement allowance and in computing the minimum period of service retirement elected by such member. Service credit used pursuant to this subdivision q to satisfy such requirements shall in no event exceed six months.
(2) A transit police member who elects to purchase service credit under the provisions of paragraph one of this subdivision q shall pay into the annuity savings fund of the retirement system the amount of the employee contributions required to have been paid into the retirement system for such service, within one year after this act shall take effect.
r. The transit authority, which previously elected to make the benefits of this section available for a limited period, may make the benefits of such section available to those members of the uniformed transit police force who, for reasons not ascribable to their own negligence, failed to make timely application to be covered under such section. The transit authority may so elect by filing with the administrative head of the New York city employees' retirement system on or before December thirty-first, nineteen hundred eighty, written notice of such election together with certification that the transit police officers concerned are not barred from participating under this section as a result of their own negligence.
s. Upon election, any member of the uniformed transit police pension plan who was a member of the New York city employees' retirement system while employed as a New York city transit police force trainee shall receive qualifying service credit in said uniformed transit police pension plan for prior creditable service earned while employed as a uniformed transit police force trainee, by paying into the annuity savings fund additional member contributions plus interest which would have been paid or credited had such member been a uniformed transit police officer plan member from his or her last date of appointment as a transit police force trainee or date of membership, whichever is later, provided such payment is made within one year after this subdivision shall take effect.
(Am. 2018 N.Y. Laws Ch. 476, 12/28/2018, eff. 12/28/2018)