a. For the purposes of this section, the term "sanitation worker" shall mean a person holding the position of sanitation worker in the sanitation service of the classification of the city civil service commission.
b. (1) (a) Any member who is in service as a sanitation worker in the department of sanitation on the second day of July, nineteen hundred sixty-seven, may, by a written application duly executed and acknowledged and filed with the board prior to the first day of January, nineteen hundred sixty-eight, elect to contribute to the retirement system for the right to retire after twenty years of allowable service as a sanitation worker in such department.
(b) Any member who is in service as a sanitation worker in the department of sanitation on the effective date of this subparagraph (b) and at the time of filing an application as hereinafter in this subparagraph (b) provided, may by a written application duly executed and acknowledged and filed with the board prior to the first day of January, nineteen hundred seventy, elect to contribute to the retirement system for the right to retire after twenty years of allowable service as a sanitation worker in such department.
(2) (a) The rate of contribution of any such member making such election pursuant to subparagraph (a) or subparagraph (b) of paragraph one of this subdivision b, and whose rate of contribution is not required to be determined pursuant to paragraph three of subdivision c of this section, by reason of an election made in compliance with the provisions of paragraph one of such subdivision c, shall be 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) which would have been established for such member if:
(i) at the time of his or her appointment as a sanitation worker in such department, there had been available to him or her an optional plan for service retirement upon completion of twenty years of allowable service as a sanitation worker in the department of sanitation, at a retirement allowance, for the first twenty years of such service, consisting of a pension and an annuity of twenty-five seventy-fifths of such pension, which together would equal one-half of the member's annual salary or compensation at the time of retirement; and
(ii) such member had then elected the benefits of such plan; and
(iii) such member's rate of contribution had then been fixed as a proportion of his or her compensation which, when deducted from each payment of his or her prospective earnable compensation prior to his or her eligibility for service retirement and accumulated at regular interest until completion of his or her minimum period for service retirement, would be computed to provide, at that time, an annuity equal to twenty-five seventy-fifths of the pension then allowable to him or her for such minimum period of service as a sanitation worker.
(b) The rate of contribution prescribed by subparagraph (a) of this paragraph two with respect to any such member shall begin on July third, nineteen hundred sixty-seven or on the date of the commencement of his or her service both as a sanitation worker in such department and as a member of the retirement system, whichever is later.
c. (1) Subject to the privilege of electing the benefits of this section conferred by subparagraph (b) of paragraph one of subdivision a of this section, any person who is appointed a sanitation worker in the department of sanitation on or after the third day of July, nineteen hundred sixty-seven, may elect to contribute to the retirement system for the right to retire after twenty years of allowable service as a sanitation worker in such department, by executing and acknowledging a written election to such effect and by filing such election with the board:
(a) prior to certification of his or her rate of contribution, if such person is not a member of the retirement system at the time of such appointment; and
(b) within thirty days after such appointment, if such person is a member of the retirement system at the time of such appointment.
(2) Notwithstanding the provisions of paragraph one of this subdivision c, any person who (a) is appointed a sanitation worker in the department of sanitation after July second, nineteen hundred sixty-seven and (b) had prior membership in the retirement system as a sanitation worker occurring after July second, nineteen hundred sixty-seven and prior to such appointment, and (c) did not elect the benefits of this section during such prior membership mentioned in subparagraph (b) of this paragraph two, or, after having made such election, withdrew same, shall not, except as otherwise provided in subparagraph (b) of paragraph one of subdivision b of this section, be eligible to elect the benefits of this section, whether or not he or she is a member of the retirement system at the time of such appointment.
(3) Upon the basis of the tables herein authorized, and regular interest, the actuary of such board shall determine for each such person making such election pursuant to this subdivision c, the proportion of compensation which, when deducted from each payment of his or her prospective earnable compensation prior to his or her eligibility for service retirement and accumulated at regular interest until completion of his or her period for service retirement, shall be computed to provide, at that time, an annuity equal to twenty-five seventy-fifths of the pension then allowable to him or her, pursuant to paragraph three of subdivision f of this section, for such minimum period of service as a sanitation worker.
d. (1) At any time subsequent to one year after the filing of such an election by any sanitation worker pursuant to subdivision b or c of this section, he or she may withdraw such election by making, acknowledging and filing with the board a written withdrawal. Thereafter the provisions of this section shall be inapplicable to such member and he or she shall not be eligible to elect again the benefits of this section; provided, however, that a sanitation worker who has previously withdrawn such an election shall not thereby be prevented from electing the benefits of this section in compliance with the provisions of subparagraph (b) of paragraph one of subdivision b of this section.
(2) In any case where any sanitation worker in the department of sanitation has elected the benefits of this section and shall thereafter cease to be a sanitation worker in such department, the provisions of this section, notwithstanding any other provision of this chapter, shall be inapplicable to such member during any period wherein he or she does not hold such position.
(3) (a) During any period wherein the provisions of this section are inapplicable, under the provisions of paragraph one or two of this subdivision d, to any member who is a member of the uniformed force of the department of sanitation (as defined in subdivision a of section 13-154 of this chapter), the rate of contribution of such member shall be as prescribed by the applicable provisions of subparagraph (a) and (b) of paragraph two of subdivision a of section 13-125 of this chapter and the eligibility and rights of such member with respect to service retirement and other benefits under this chapter shall be governed by the applicable provisions of this chapter in the same manner as if such member had not elected the benefits of this section.
(b) During any period wherein the provisions of this section are inapplicable, under the provisions of paragraph one or two of this subdivision to a member who is not a member of such uniformed force, such member shall contribute to the retirement system and his or her eligibility and rights with respect to retirement for service shall be governed by the provisions of this chapter applicable to a member who has elected to contribute to such system on the basis of selection of a service fraction of one one-hundredth of his or her final compensation and attainment of eligibility for service retirement upon reaching the age of fifty-five years.
e. Any member who (1) is a sanitation worker in such department at the time of filing application for service retirement under this section, and (2) has elected the benefits of this section pursuant to subdivision b or c of this section and has not withdrawn such election, and (3) shall have at least twenty years of allowable service as a sanitation worker in such department, may retire upon written application to 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. Upon such retirement, such member shall receive, in lieu of any other retirement allowance for service provided for by this chapter, a retirement allowance as provided for in subdivisions f, g and h of this section.
f. On account of the first twenty years of such member's allowable service as a sanitation worker in such department, he or she shall receive a retirement allowance consisting of:
(1) An annuity which shall be, subject to the provisions of paragraph g of this section, the actuarial equivalent of the accumulated deductions from his or her pay during such period of twenty years of service as a sanitation worker (including regular interest to the date of completion of such period of service); and
(2) A pension-providing-for-increased-take-home-pay which is the actuarial equivalent of the reserve-for-increased-take-home-pay, if any, to which he or she may be entitled for such period of twenty years of service as a sanitation worker (including regular interest to the date of completion of such period of service); and
(3) A pension, which, when added to such annuity and such pension-providing-for-increased-take-home-pay, produces a retirement allowance equal to one-half of his or her annual salary or compensation when so retired.
g. For the purpose only of determining the amount of the pension payable pursuant to paragraph three of subdivision f of this section, the annuity referred to in paragraph one of such subdivision, if any, shall be computed, as it would be, (1) if it were not reduced by the actuarial equivalent of any outstanding loan, (2) if it were not increased by the actuarial equivalent of any additional contributions, (3) if it were not reduced by reason of the member's election to decrease his or her annuity contributions in order to apply the amount of such reduction in payment of his or her contributions for old-age and survivors insurance coverage, and (4) as it would be without any optional modification.
h. For allowable service rendered by such a member in addition to and in excess of such first twenty years of allowable service as a sanitation worker, there shall be added to the retirement allowance to which such member is entitled under subdivision f of this section:
(1) an annuity which shall be computed in the following manner:
(a) there shall be added together: (i) the total amount of the accumulated deductions of such member, whenever made, as the same are on the date of his or her retirement, including all voluntary, additional contributions, whenever made; and (ii) the amount of any loan to such member outstanding as of the date of his or her retirement;
(b) there shall be determined the amount of the accumulated deductions credited to such member with respect to the first twenty years of his or her allowable service as a sanitation worker in such department, (i) exclusive of the value, as of the date of the completion of such twenty years of service, of all of his or her voluntary, additional contributions made with respect to such period, and (ii) exclusive of the value of any accumulated deductions, including voluntary, additional contributions, credited with respect to any period of allowable service, other than as a sanitation worker, rendered by such member prior to such date, and (iii) treating such accumulated deductions with respect to such first twenty years of service, as they would be if not reduced by any loan made by such member;
(c) the annuity to which such member shall be entitled under this paragraph one shall be the actuarial equivalent of the remainder obtained by subtracting the sum computed pursuant to subparagraph (b) of this paragraph from the sum computed pursuant to subparagraph (a) of this paragraph; and
(2) a pension which shall be equal to one service-fraction of his or her final compensation multiplied by the number of his or her years of allowable service, other than such twenty years of allowable service as a sanitation worker; and
(3) a further pension of one-half of one service-fraction of his or her final compensation multiplied by the number of his or her years of allowable service as a sanitation worker in such department, rendered both (i) after the completion of such period of twenty years of service in such capacity and (ii) after July second, nineteen hundred sixty-five; and
(4) 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 be entitled, if any, for all periods of his or her allowable service other than such period of twenty years of allowable service as a sanitation worker.
i. Notwithstanding any other provision of this chapter, the service-fraction of any sanitation worker who elects the benefits of this section shall, for the purpose of determining his or her retirement allowance under this section, be one one-hundredth of his or her final compensation.
j. In any case where, with respect to any period wherein the provisions of this section are applicable to a sanitation worker in the department of sanitation by reason of his or her election of the benefits hereof, deductions are required to be made from his or her compensation pursuant to the provisions of section 13-108 of this chapter by reason of an application for service credit filed by him or her under such section, such deductions with respect to such period shall be made on the basis of his or her normal rate of contribution under the provisions of this section.