a. (1) (a) Any member in city-service who, at the time of filing an application as hereinafter in this subparagraph (a) provided, holds a career pension plan position, may elect, by a written application duly executed and filed with the board of estimate on or after the date of enactment of this section and prior to July first, nineteen hundred sixty-eight, to become a career pension plan member commencing on July first, nineteen hundred sixty-eight and to contribute to the retirement system for the right to retire under the career pension plan; provided, however, that if any member filing such an application is not in city-service in a career pension plan position on July first, nineteen hundred sixty-eight, such application shall be void and of no effect.
(b) Any member in city-service on June thirtieth, nineteen hundred seventy, who on that date held a career pension plan position, and at the time of filing an application as hereinafter in this subparagraph (b) provided, holds a career pension plan position, may elect, by a written application duly executed and filed with the board on or after September first, nineteen hundred seventy-nine, and prior to January thirty-first, nineteen hundred eighty, to become a career pension plan member commencing on July first, nineteen hundred sixty-eight, and to contribute to the retirement system for the right to retire under the career pension plan.
(2) The normal rate of contribution of any such member making such election pursuant to paragraph one of this subdivision a, shall, commencing on June twenty-ninth, nineteen hundred sixty-eight, or, in the case of any such member making an election during the period September first, nineteen hundred seventy-nine and January thirty-first, nineteen hundred eighty, be that which would have been established for such member if:
(a) on the date (after he or she last became a member) on which his or her career pension plan qualifying service first began, the provisions of this section had been in effect, and he or she had been eligible for and had on such date elected the benefits of the career pension plan; and
(b) his or her rate of contribution had then been fixed, on the basis of the tables herein authorized with respect to group three mentioned in subdivision b of section 13-172 of this chapter, and regular interest, as a proportion of his or her compensation which, when deducted from each payment of his or her prospective earnable compensation prior to the completion of his or her twenty-fifth year of career pension plan qualifying service and accumulated at regular interest until completion of such twenty-five years of service, would be computed to provide an annuity, which, as of the initial date of retirement allowance payability with respect to such member, would be equal to one-half of the pension allowable to him or her for such period of service under the provisions of this section.
(3) For the purpose only of fixing a rate of contribution pursuant to paragraph two of this subdivision a, any such member:
(a) if he or she held a physically taxing position on the date mentioned in subparagraph (a) of paragraph two of this subdivision, shall be deemed to have continued or to continue in a physically taxing position until the completion of twenty-five years of career pension plan qualifying service on the part of such member; and
(b) if he or she did not hold a physically taxing position on the date mentioned in subparagraph (a) of paragraph two of this subdivision, shall be deemed not to have held or not to hold any physically taxing position until the completion of twenty-five years of career pension plan qualifying service.
b. (1) Any member who did not hold a career pension plan position during the period beginning on the date of enactment of this section and ending on June thirtieth, nineteen hundred sixty-eight, and who, after last becoming a member and on or after July first, nineteen hundred sixty-eight, begins for the first time or resumes city-service in a career pension plan position, may, if he or she is in city-service in a career pension plan position at the time of filing an application as hereinafter in this paragraph one provided, elect to contribute to the retirement system for the right to retire under the career pension plan, by duly executing a written application and by filing same with the board within two years after the date on which he or she so begins for the first time, or first so resumes, as the case may be, city-service in a career pension plan position. Any member making such election shall become a career pension plan member commencing on the date as of which, under the applicable provisions of paragraph two or paragraph three of this subdivision b, he or she is required to begin contributing for such right to retire.
(2) Upon the basis of the tables herein authorized with respect to group three mentioned in subdivision b of section 13-172 of this chapter, and regular interest, the actuary of such board shall determine for each such member who makes such election pursuant to paragraph one of this subdivision b, and who, after last becoming a member of the retirement system and prior to the date of enactment of this section, had no career pension plan qualifying service, the proportion of compensation which, when deducted from each payment of his or her prospective earnable compensation, from the time when he or she begins city-service in a career pension plan position and prior to his or her completion of twenty-five years of career pension plan qualifying service, and accumulated at regular interest until completion of such twenty-five years of service, shall be computed to provide an annuity which, as of the initial date of retirement allowance payability with respect to such member, shall be equal to one-half of the pension then allowable to him or her for such period of service under the provisions of this section. The normal rate of contribution of such member shall be as prescribed in this paragraph two, commencing on the date on which he or she begins such service as a member in a career pension plan position.
(3) The normal rate of contribution of each such member who makes such election pursuant to paragraph one of this subdivision b and who, after last becoming a member of the retirement system and prior to the date of enactment of this section, had career pension plan qualifying service, shall, beginning on the date on which he or she first resumes city-service as a member in a career pension plan position, be that which would have been established for such member if (a) on the date (after he or she last became a member) on which his or her career pension plan qualifying service first began, the provisions of this section had been in effect and he or she had been eligible for and had on such date elected the benefits of the career pension plan, and (b) his or her rate of contribution had then been fixed in accordance with the method of computation provided for in subparagraph (b) of paragraph two of subdivision a of this section.
(4) For the purpose only of fixing a rate of contribution pursuant to paragraph two or paragraph three of this subdivision b:
(a) any such member mentioned in such paragraph two or paragraph three who, on the date of the commencement of his or her career pension plan qualifying service, holds or held, as the case may be, a physically taxing position, shall be deemed to continue or to have continued in a physically taxing position during the first twenty-five years of career pension plan qualifying service on the part of such member; and
(b) any such member mentioned in such paragraph two or paragraph three who, on the date of the commencement of his or her career pension plan qualifying service, does not hold or did not hold, as the case may be, a physically taxing position, shall be deemed not to hold or not to have held a physically taxing position during the first twenty-five years of career pension plan qualifying service on the part of such member.
b-1. (1) Subject to the provisions of paragraph five of subdivision c of this section and subdivision c-1 thereof, on or after the date this subdivision becomes a law, any fifty-five-year-increased-service-fraction member in city-service may elect, by a written application duly executed and filed with the board, to become a career pension plan member and to contribute to the retirement system, pursuant to the appropriate provisions of this section, for the right to retire under the career pension plan.
(2) Such member shall become a career pension plan member upon the filing of such application.
c. (1) Subject to the provisions of paragraph ten of subdivision m of this section and paragraph five of this subdivision, a career pension plan member, at any time subsequent to one year after the filing of his or her election of the benefits of this section pursuant to subdivision a of this section or subdivision b or subdivision b-1 thereof, may withdraw such election by duly executing and filing with the board a written withdrawal.
(2) After the filing of such a withdrawal (a) the provisions of this section, other than this paragraph two and paragraphs four and five of this subdivision c and subdivisions b-1 and c-1 of this section, shall be inapplicable to such member and (b) he or she shall not be a career pension plan member and (c) he or she shall not be eligible to elect again the benefits of this section, except as otherwise provided in subdivisions b-1 and c-1 of this section.
(3) (a) In any case where a member who has elected the benefits of this section, shall before completing twenty-five years of career pension plan qualifying service, cease to hold a career pension plan position:
(i) the provisions of this section, other than this paragraph three and paragraph four of this subdivision, shall be inapplicable to such member during any period wherein he or she does not hold such a position; and
(ii) such member shall not be a career pension plan member during such period; and
(iii) if such member shall end any such period by again performing city-service in any career pension plan position, such provisions of this section shall again be applicable to such member while he or she holds such position.
(b) A member who has elected the benefits of this section and who has completed twenty-five years of career pension plan qualifying service shall, after completion of such period of service and while performing city-service as a member of the retirement system in any position, whether or not a career pension plan position, continue to be entitled to the benefits of this section and shall continue to be a career pension plan member, unless such member shall become eligible for and elect, pursuant to the provisions of this chapter, the benefits of any other optional plan for retirement.
(4) (a) Subject to the provisions of subdivisions b-1 and c-1 of this section and except as otherwise provided in subparagraph (b) of this paragraph four, on and after the date on which such provisions of this section become inapplicable to any such member under the provisions of paragraph two of this subdivision c and during any period wherein such provisions of this section are inapplicable, under the provisions of paragraph three of this subdivision c, to any such member:
(i) the minimum retirement age of such member shall be fifty-five years; and
(ii) the pension to which such member shall be entitled upon his or her retirement for service, shall be as prescribed in paragraph seven of subdivision a of section 13-172 of this chapter, with respect to the years of allowable service of such member mentioned in such paragraph; and
(iii) the normal rate of contribution of such member shall be as prescribed by item (i) of subparagraph (d) of paragraph two of subdivision a of section 13-125 of this chapter.
(iv) Subject to the foregoing provisions of this subparagraph (a), the eligibility and rights of such member with respect to benefits under this chapter shall be governed by the applicable provisions thereof in the same manner as if such member had not elected to become a career pension plan member.
(b) The provisions of subparagraph (a) of this paragraph four:
(i) shall not be construed as preventing any such member mentioned in such subparagraph, who, by reason of a position held by him or her, would otherwise become eligible, under any of the provisions of this chapter, to elect any optional plan for retirement providing rights, benefits or status other than as specified in such subparagraph, from electing, pursuant to such provisions, the rights, benefits or status provided by such plan; and
(ii) shall not apply to any such member mentioned in such subparagraph (a) during any period wherein any of the provisions of section 13-154, 13-158, 13-159, 13-160 or 13-165 of this chapter prescribe with respect to such member, rights, benefits or status other than as specified in such subparagraph.
(5) (a) In any case where, on or after the date this paragraph becomes a law, a career pension plan member becomes a fifty-five-year-increased-service-fraction member by reason of his or her withdrawal, pursuant to paragraph one of this subdivision, of his or her election to be a career pension plan member, such member shall not thereafter be eligible to elect, pursuant to the applicable provisions of subdivision b-1 of this section, again to become a career pension plan member, except as otherwise provided in subparagraph (c) of this paragraph.
(b) In any case where, on or after such effective date, a fifty-five-year-increased-service-fraction member becomes a career pension plan member by reason of such member's election to do so pursuant to the applicable provisions of subdivision b-1 of this section, such member who made such election shall not thereafter be eligible to withdraw, pursuant to paragraph one of this subdivision, such election, except as otherwise provided in subparagraph (c) of this paragraph.
(c) Any member referred to in subparagraph (a) or subparagraph (b) of this paragraph shall be eligible to file an election or a withdrawal, as the case may be, provided (i) such member files an application for service retirement no more than thirty days after the filing of such election or withdrawal and retires pursuant to such application or (ii) such member, under circumstances qualifying him or her for a vested rights retirement allowance, discontinues city-service no more than thirty days after the filing of such election or withdrawal.
c-1. In any case where any member, at the time of making any election or filing any withdrawal authorized by the preceding provisions of this section, is a Tier II member, and in any case where a Tier II member becomes subject to the provisions of paragraph three of subdivision c of this section, the making of such election or the filing of such withdrawal or the status of such member as subject to such paragraph three shall not change, alter or affect the applicability of article eleven of the retirement and social security law to such member and nothing contained in such preceding provisions or such paragraph three shall be construed as changing, altering or affecting the applicability of such article to such member.
d. (1) Subject to the provisions of subdivision h of this section, any career pension plan member in city-service may retire on 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, provided that such member, at the time so specified for his or her retirement, shall have completed twenty-five years of career pension plan qualifying service.
(2) A retirement allowance calculated pursuant to subdivisions e, f and g of this section shall begin with respect to such member:
(a) on the effective date of his or her retirement or upon his or her attainment of age fifty-five, whichever is later, if he or she is a career pension plan member who has not completed twenty-five or more years of allowable service in one or more physically taxing positions; and
(b) on the effective date of his or her retirement or upon his or her attainment of age fifty, whichever is later, if he or she is a career pension plan member who has completed twenty-five or more years of allowable service in one or more physically taxing positions.
e. A career pension plan member who has retired pursuant to subdivision d of this section shall receive, on account of the first twenty-five years of his or her career pension plan qualifying service and in lieu of any other retirement allowance for such twenty-five years of service, a retirement allowance consisting of:
(1) An annuity which shall be, subject to the provisions of subdivision f of this section, the actuarial equivalent, as of the date on which the retirement allowance of such member begins, of the accumulated deductions from his or her pay during such period of twenty-five years of career pension plan qualifying service; and
(2) A pension-providing-for-increased-take-home-pay which, subject to the provisions of subdivision f of this section, is the actuarial equivalent, as of the date on which the retirement allowance of such member begins, of the reserve-for-increased-take-home-pay, if any, to which he or she may be entitled for such period of twenty-five years of career pension plan qualifying service; and
(3) (a) Subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title, a pension, which, when added to such annuity and such pension-providing-for-increased-take-home-pay, produces a retirement allowance equal to the product of two and two-tenths per centum of such member's salary or compensation earnable by him or her for city-service in the year prior to his or her retirement, multiplied by twenty-five, unless such pension shall be required to be determined pursuant to subparagraph (b) of this paragraph three.
(b) If such member shall elect, pursuant to subdivision fifty-eight of section 13-101 of this chapter, that such pension be computed on the basis of his or her three-year-average compensation, such pension shall instead be an amount which, when added to such annuity and such pension-providing-for-increased-take-home-pay, produces a retirement allowance equal to the product of two and two-tenths per centum of the three-year-average compensation of such member, multiplied by twenty-five.
f. (1) For the purpose only of determining the amount of the pension payable pursuant to paragraph three of subdivision e of this section, the annuity referred to in paragraph one of such subdivision, if any, shall be computed, as it would be (a) if it were not reduced by the actuarial equivalent of any outstanding loan, (b) if it were not increased by the actuarial equivalent of any additional contributions, (c) 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 (d) as it would be without any optional modification.
(2) If such period of twenty-five years of career pension plan qualifying service is not continuous and is interrupted by any period or periods of city-service other than career pension plan qualifying service, then for the purpose only of determining the amount of such member's accumulated deductions pursuant to paragraph one of subdivision e of this section, and for the purpose only of determining the amount of the member's reserve-for-increased-take-home-pay pursuant to paragraph two of such subdivision e:
(a) there shall be excluded from the computation of the amount of such accumulated deductions, any accumulated deductions of such member with respect to each such period or periods of city-service other than career pension plan qualifying service; and
(b) there shall be excluded from the computation of the amount of such reserve-for-increased-take-home-pay, the contributions of the city to the contingent reserve fund on account of reserve-for-increased-take-home-pay with respect to each such period or periods of city-service other than career pension plan qualifying service, and regular interest on such contributions.
(3) (a) Notwithstanding any other provision of this section to the contrary, in any case where the normal rate of contribution of a career pension plan member has been fixed on the basis of service in a physically taxing position pursuant to paragraph two of subdivision a of this section and subparagraph (a) of paragraph three of such subdivision a, or the normal rate of contribution of such a member has been fixed on the basis of service in a physically taxing position pursuant to the applicable provisions of paragraph two or three of subdivision b of this section and subparagraph (a) of paragraph four of such subdivision b, as the case may be, and such member retires for service on or after the date on which he or she attains the age of fifty-five years and after completing twenty-five or more years of career pension plan qualifying service, the provisions of subparagraph (b) of this paragraph three shall apply to the computation of the retirement allowance of such member, if such member qualifies for such applicability under the provisions of such subparagraph (b).
(b) If the amount of the accumulated deductions of such member, as required to be determined for the purpose of computing an annuity pursuant to paragraph one of subdivision e of this section and paragraphs one and two of this subdivision f, exceeds the amount which such accumulated deductions would have equalled if the normal rate of contribution of such member had instead been fixed on a basis excluding service in any physically taxing position, pursuant to the provisions of subparagraph (b) of paragraph three of such subdivision a or subparagraph (b) of paragraph four of such subdivision b, as the case may be, the amount of such excess shall be treated as additional contributions of such member.
g. For allowable service, whether or not such service is career pension plan qualifying service, rendered by such member in addition to and in excess of such first twenty-five years of career pension plan qualifying service, he or she shall receive, in addition to the retirement allowance to which he or she is entitled under subdivision e of this section and in lieu of any other retirement allowance for such additional and excess allowable service:
(1) an annuity which shall be the actuarial equivalent, as of the date on which the retirement allowance of such member begins, of the difference between:
(a) his or her total accumulated deductions as of the date on which his or her retirement allowance begins or, where a loan is outstanding on such date, his or her total accumulated deductions as of such date, as they would be in the absence of a loan; and
(b) such member's accumulated deductions as required to be determined for the purpose of computing an annuity pursuant to paragraph one of subdivision e of this section and subdivision f of this section; 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 such member may be entitled for all periods of allowable service other than such first twenty-five years of career pension plan qualifying service; and
(3) (a) subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title, a pension, for the years of such member's allowable service rendered prior to July first, nineteen hundred sixty-eight, other than such first twenty-five years of career pension plan qualifying service, which pension shall be equal to the product obtained by multiplying the number of such years of allowable service (other than such first twenty-five years of career pension plan qualifying service) by one and two-tenths per centum of such member's salary or compensation earnable by him or her for city-service in the year prior to his or her retirement, unless such pension is required to be determined pursuant to subparagraph (b) of this paragraph three;
(b) if such member shall elect, pursuant to subdivision fifty-eight of section 13-101 of this chapter, that such pension be computed on the basis of his or her three-year-average compensation, such pension shall instead be equal to the product obtained by multiplying the number of such years of allowable service (other than such first twenty-five years of career pension plan qualifying service) by one and two-tenths per centum of such member's three-year-average compensation; and
(4) (a) subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title, a pension, for the years of such member's allowable service rendered after June thirtieth, nineteen hundred sixty-eight, other than such first twenty-five years of career pension plan qualifying service, which pension shall be equal to the product obtained by multiplying the number of such years of allowable service rendered after June thirtieth, nineteen hundred sixty-eight (other than such first twenty-five years of career pension plan qualifying service) by one and seven-tenths per centum of such member's salary or compensation earnable by him or her for city-service in the year prior to his or her retirement, unless such pension is required to be determined pursuant to subparagraph (b) of this paragraph four;
(b) if such member shall elect, pursuant to subdivision fifty-eight of section 13-101 of this chapter, that such pension be computed on the basis of his or her three-year-average compensation, such pension shall instead be equal to the product obtained by multiplying the number of such years of allowable service rendered after June thirtieth, nineteen hundred sixty-eight (other than such first twenty-five years of career pension plan qualifying service) by one and seven-tenths per centum of the three-year average compensation of such member.
h. (1) Notwithstanding any other provision of this section to the contrary, any career pension plan member in city-service may retire on 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, provided that such member:
(a) at the time so specified for his or her retirement, shall have completed at least twenty but less than twenty-five years of career pension plan qualifying service; and
(b) would, if he or she remained in city-service, have been able to complete at least twenty-five years of career pension plan qualifying service (i) before attaining the age of sixty-five years, if such member did not, at the time of his or her retirement, hold a position the title of which was then included in the list of positions with deferred mandatory retirement age, or (ii) before attaining the age of seventy years, if such member, at the time of his or her retirement, held a position the title of which was then included in such list.
(2) If such member is a career pension plan member who has not completed at least twenty years of allowable service in one or more physically taxing positions, a retirement allowance calculated pursuant to paragraph five of this subdivision h shall begin with respect to such member on the later of the following dates:
(a) the date next following the earliest date on which, had he or she remained in city-service, he or she could have completed twenty-five years of career pension plan qualifying service;
(b) the date on which he or she attains the age of fifty-five years.
(3) If such member is a career pension plan member who has completed at least twenty years of allowable service in one or more physically taxing positions, then subject to the provisions of paragraph four of this subdivision h, a retirement allowance calculated pursuant to paragraph five of this subdivision h shall begin with respect to such member on the later of the following dates:
(a) the date next following the earliest date on which, had he or she remained in city-service, he or she could have completed twenty-five years of allowable service in one or more of physically taxing positions;
(b) the date on which he or she attains the age of fifty years.
(4) In any case where the date determined pursuant to subparagraph (a) of paragraph three of this subdivision h is later than the date on which the retirement allowance of such member would begin under paragraph two of this subdivision, the retirement allowance of such member under this subdivision shall begin on such last-mentioned date.
(5) A career pension plan member who has retired pursuant to paragraph one of this subdivision h shall receive, in lieu of any other retirement allowance, a retirement allowance which shall be computed in the manner prescribed by the provisions of subdivisions e and g of this section and paragraphs one and two of subdivision f of this section, except that:
(a) any reference in such subdivisions e and g and paragraphs one and two of subdivision f to a career pension plan member who has retired pursuant to subdivision d of this section shall be deemed to denote, instead, a career pension plan member who has retired pursuant to this subdivision h; and
(b) wherever the word "twenty-five" appears in such subdivisions e and g and paragraphs one and two of such subdivision f, or reference is made therein to a period of twenty-five years of career pension plan qualifying service, there shall be deemed to be substituted therefore, the number of years of career pension plan qualifying service rendered by the member retiring pursuant to this subdivision h, for whom a retirement allowance is to be computed pursuant to this paragraph five.
i. In any case where, with respect to any period wherein any member is a career pension plan member, 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.
j. Notwithstanding any other provision of this chapter to the contrary, any career pension plan member who was a member in city-service on December thirty-first, nineteen hundred sixty-seven and who has heretofore purchased or shall hereafter purchase service credit pursuant to section 13-108 of this chapter for any period of continuous career pension plan qualifying service, which period:
(1) next precedes the date on which such member last became a member; and
(2) begins not earlier than the date six months prior to the date on which he or she last became a member; shall, in addition to being credited with such service as provided for by such section 13-108 of this chapter, be credited with such service for the purpose of satisfying the requirements of this section with respect to eligibility for retirement hereunder. Service credit used pursuant to this subdivision j to satisfy such requirements shall in no event exceed six months.
k. (1) Notwithstanding any other provision of this chapter to the contrary, any career pension plan member who:
(a) was a member in city-service on December thirty-first, nineteen hundred sixty-seven; and
(b) has continuous city-service as a member since he or she last became a member; and
(c) has heretofore purchased or shall hereafter purchase service credit, pursuant to section 13-108 of this chapter, for a continuous period of career pension plan qualifying service, next preceding the date on which he or she last became a member; and
(d) has attained a status requiring that he or she be retired for superannuation pursuant to subdivision three of section 13-166 of this chapter; and
(e) at that time, shall not have completed twenty-five years of career pension plan qualifying service, unless such purchased service credit be used toward satisfaction of the requirements of this section with respect to eligibility to retire pursuant to subdivision d of this section; shall, in addition to being credited with such purchased service as provided for by such section 13-108 of this chapter, be credited with such purchased service, subject to the provisions of paragraph two of this subdivision k, for the purpose of determining eligibility to retire for service under subdivision d of this section.
(2) Where any part of such purchased service credit is in excess of the part required to be added to the career pension qualifying service rendered by such member since last becoming a member, in order to produce twenty-five years of career pension plan qualifying service in compliance with the eligibility requirements of subdivision d of this section, such excess part shall not be used for the purpose of satisfying such eligibility requirements. In any such case, for the purpose of determining the date of commencement of such period of twenty-five years of career pension plan qualifying service, the excess part shall be deemed to be the earlier part of the period of service for which credit was so purchased.
(3) Notwithstanding any other provision of this chapter to the contrary, any career pension plan member or fifty-five-year-increased-service-fraction member who:
(a) meets the requirements and conditions set forth in subparagraphs (a), (b) and (c) of paragraph one of this subdivision k; and
(b) is at any time in such a state of health as to meet the requirements for ordinary disability retirement under section 13-167 of this chapter, other than the requirements thereof with respect to city-service or membership in the retirement system, and would at such time be unable to satisfy such requirements with respect to service or membership unless service credit purchased by such member as provided in subparagraph (c) of paragraph one of this subdivision k were used to satisfy such requirements; shall, in addition to being credited with such purchased service as provided for by section 13-108 of this chapter, be credited with such purchased service as allowable member service for the purpose of determining eligibility for retirement for ordinary disability under section 13-167 of this chapter.
l. (1) The mayor, within five days after the enactment of this section, shall by executive order designate an officer or employee of the city to perform the functions prescribed by this subdivision 1 with respect to promulgation and maintenance of the official list of physically taxing positions.
(2) Not later than fifteen days after the enactment of this section, the list administrator shall prepare and file in his or her office a proposed list of titles of positions which:
(a) by reason of their duties, as established pursuant to law, require heavy duty and extraordinary physical effort; and
(b) are career pension plan positions.
(3) Within five days after the filing of such list, the list administrator shall cause notice of the filing of such list, together with a copy thereof, to be mailed by certified mail to the certified employee organization acting as list representative, if any.
(4) If such organization shall, within ten days after the mailing of such notice and copy of such proposed list, file with the list administrator an objection in writing asserting that the title of any position was erroneously omitted from or included in such proposed list, the list administrator shall, within five days after the filing of such an objection, file in his or her office and mail by certified mail to such organization, an answer to such objection, accepting or rejecting same. The list administrator shall promptly transmit to the board of collective bargaining, each such objection not so accepted, together with his or her answer rejecting same. Such board, within twenty days after receipt of any such objection and answer, shall determine such dispute and direct the list administrator, in accordance with its decision, to include the title of such position in or omit same from the official list of physically taxing positions.
(5) (a) Promptly after determination of all such disputes by the board of collective bargaining, pursuant to paragraph four of this subdivision one, or promptly after expiration of the period for the filing of such objections, whichever is later, the list administrator shall promulgate, file in his or her office and cause to be published in the City Record, a list conforming to the requirements of subparagraph (b) of this paragraph five, which shall be known as the "official list of physically taxing positions."
(b) Such list shall consist of:
(i) the titles of all positions included in the proposed list filed pursuant to paragraph two of this subdivision a, with respect to which no objections were filed pursuant to paragraph four of this subdivision; and
(ii) the titles of all positions which were claimed in objections to be proper additions to such list and which were accepted by the list administrator as such proper additions, in an answer filed by him or her pursuant to such paragraph four; and
(iii) the titles of all positions required to be added to such list by reason of determinations of disputes by the board of collective bargaining pursuant to such paragraph four.
(c) Such official list shall take effect and shall be deemed to be in effect as of June twenty-ninth, nineteen hundred sixty-eight, whether or not it is promulgated on or prior to such date.
(6) (a) If the list administrator, after the promulgation of such official list pursuant to paragraph five of this subdivision one, finds that the title of any position, other than the positions mentioned in item (iii) of subparagraph (b) of such paragraph five, was erroneously excluded from or included in such list or finds that such list is otherwise erroneous, he or she may correct such error by action taken in accordance with the succeeding provisions of this paragraph six.
(b) At any time after the promulgation of such official list and not later than June thirtieth, nineteen hundred sixty-nine, the list administrator may file in his or her office a notice of intention to correct such official list. Such notice shall specify the nature of such error and the nature of the corrective action proposed to be taken by him.
(c) The list administrator, within five days after the filing of such notice in his or her office, shall cause a copy thereof to be mailed by certified mail to the certified employee organization acting as list representative, if any.
(d) Within five days after the mailing of such notice, such organization may file with the list administrator an objection in writing to such proposed action. The list administrator shall, within five days after the filing of such an objection, file in his or her office and mail by certified mail to such organization an answer to such objection, accepting or rejecting same. The list administrator shall promptly transmit to the board of collective bargaining each such objection not so accepted, together with his or her answer rejecting such objection. Such board, within twenty days after receipt of any such objection and answer, shall determine such dispute.
(e) After the determination of all such disputes by the board of collective bargaining with respect to such notice of intention to correct, or after expiration of the period for the filing of objections thereto, whichever is later, the list administrator shall issue an order amending or changing such official list in conformity with the proposed corrective action set forth in the notice of intention to correct; provided, however, that no such action shall be inconsistent with any answer of the list administrator accepting any such objection; and provided further, that where any such proposed action was reviewed by the board of collective bargaining pursuant to subparagraph (d) of this paragraph six, the list administrator may issue such an order only if permitted by the determination of such board and any such order issued by him or her shall be consistent with the determination of such board.
(f) The inclusion or exclusion of the title of any position from such official list pursuant to any such order, and any other amendment, change or correction in such list pursuant to any such order, shall take effect as of June twenty-ninth, nineteen hundred sixty-eight, with the same force and effect as if such list, as originally promulgated as of such date, had reflected such inclusion, exclusion, amendment, change or correction.
(7) (a) In any case where, after promulgation of such official list pursuant to paragraph five of this subdivision l, any position is created, modified or re-titled, or the duties of any position are changed, and such position, as so created, modified, re-titled or changed, is a career pension plan position, the list administrator, promptly after the creation, modification, re-titling or change of duties of such position, shall file in his or her office a notice of intention to determine the status of such position under the career pension plan. Such notice shall state whether the list administrator proposes to determine that the title of such position shall or shall not be included in such official list. The list administrator, within five days after the filing of such notice in his or her office, shall cause a copy thereof to be mailed by certified mail to the certified employee organization acting as list representative, if any. Within five days after the mailing of such notice, such organization may file an objection to such proposed action.
(b) The list administrator shall answer any such objection and the board of collective bargaining shall determine any dispute with respect to such objection in accordance with the provisions of subparagraph d of paragraph six of this subdivision l.
(c) Promptly after the determination of all such disputes by the board of collective bargaining, or promptly after the expiration of the period for the filing of such objections, whichever is later, the list administrator shall issue an order, consistent with any answer accepting an objection and any determination of the board of collective bargaining resolving any such dispute, determining whether such position shall be included or excluded from such official list. If the title of such position is to be included therein pursuant to the provisions of this paragraph seven, such list shall be appropriately amended by such order so as to set forth such title, and such amendment shall be deemed to take effect as of the date on which such position was created, modified or re-titled, or the duties thereof were changed, as the case may be.
(d) Notwithstanding any provision of this paragraph seven to the contrary, in any case where a position held by a career pension plan member is modified or re-titled, or the duties thereof are changed, and the title of such position immediately prior to such action in relation thereto, was included in the list of physically taxing positions, the title of such position, so long as it is held by such career pension plan member who held same on the date on which it was modified or retitled, or the duties thereof were changed, shall be deemed, solely for the purpose of determining the rights, privileges and benefits of such member under this section, to continue to be included in the list of physically taxing positions, irrespective of any order of the list administrator, issued pursuant to this paragraph seven, removing the title of such position from such list. If such career pension plan member shall cease to hold such position, it shall thereupon have such status with respect to such list as is provided for in the order issued by the list administrator pursuant to this paragraph.
(8) (a) Promptly after issuing any order under the provisions of this subdivision l, the list administrator shall file a copy thereof with the executive director of the retirement system and shall cause such order to be published in the City Record.
(b) Whenever mailing by certified mail is required by the provisions of this subdivision one, mailing so effected shall be sufficient if the matter required to be so mailed is enclosed in an envelope addressed to the last known address of the certified employee organization acting as list representative at its last known address as shown by (i) the records of the department of labor of the city, in the case of any such organization recognized pursuant to paragraph (b) of subdivision fortynine of section 13-101 of this chapter, and (ii) the records of the board of certification, in the case of any such organization certified pursuant to paragraph (d) of such subdivision forty-nine.
(9) All determinations of the board of collective bargaining under this subdivision l shall be final and conclusive and shall not be subject to question or review in any court or place whatever.
m. (1) The following terms, as used in this subdivision, shall have the following meanings, unless a different meaning is plainly required by the context:
(a) "Fractional plan member". Any Tier I member holding a career pension plan position who is not a career pension plan member or a fifty-five-year-increased-service-fraction member.
(b) "Career pension plan contribution rate starting date". The later of (i) June twenty-ninth, nineteen hundred sixty-eight; or (ii) the date (after the member last became a member) on which such member's career pension plan qualifying service first began.
(c) "Former fractional plan member". Any person who was a fractional plan member immediately prior to October first, nineteen hundred ninety-three, and who is deemed to have elected to become a career pension plan member pursuant to the provisions of paragraph two of this subdivision.
(d) "ITHP program". Any program referred to in subdivision b of section four hundred eighty of the retirement and social security law under which the employer assumes all or a part of the member contributions which otherwise would be made by its employees who are members of the retirement system.
(e) "ITHP reduction starting date". The first day of the first payroll period which begins after October first, nineteen hundred ninety-three.
(2) Subject to the provisions of paragraph three of this subdivision, any fractional plan member in city-service on October first, nineteen hundred ninety-three, who holds a career pension plan position on such date, shall, on such date, be deemed to have elected to become a career pension plan member commencing on his or her career pension plan contribution rate starting date, and to contribute to the retirement system for the right to retire under the career pension plan.
(3) Any person who is deemed to have elected to become a career pension plan member pursuant to the provisions of paragraph two of this subdivision may elect to withdraw from the career pension plan and void such deemed election by filing, on or before September thirtieth, nineteen hundred ninety-four, a duly executed written withdrawal with the executive director of the retirement system.
(4) Upon the filing by such person of such a withdrawal pursuant to the provisions of paragraph three of this subdivision, (i) the provisions of this section, other than this paragraph four, shall be inapplicable to such person retroactively to October first, nineteen hundred ninety-three; (ii) such person shall not be a career pension plan member; (iii) he or she shall again become a fractional plan member retroactive to such date, and his or her rights, benefits, privileges and obligations as a member shall be governed by the provisions which governed such rights, benefits, privileges and obligations immediately prior to such date as if he or she never had become a career pension plan member pursuant to the provisions of paragraph two of this subdivision; and (iv) he or she shall not be eligible at any time in the future to again become a career pension plan member or to become a fifty-five-year-increased-service-fraction member.
(5) The normal rate of contribution of any career pension plan member who is a former fractional plan member shall be fixed in accordance with the provisions of paragraphs two and three of subdivision a of this section and, for such purposes, the opening paragraph of paragraph two of such subdivision a shall be deemed to require the calculation of such contribution rate for any such member. For such purposes, the term career pension plan contribution rate starting date (as defined in subparagraph (b) of paragraph one of this subdivision) shall be substituted for June twenty-ninth, nineteen hundred sixty-eight in the opening paragraph of paragraph two of subdivision a of this section.
(6) Notwithstanding the provisions of subdivision b of section four hundred eighty of the retirement and social security law or any other provision of law to the contrary, on and after the ITHP reduction starting date, the rate per centum of member contributions of any former fractional plan member assumed by the employer under any ITHP program, shall, for any payroll period in which such member is a career pension plan member or a fifty-five-year-increased-service-fraction member be the rate obtained by subtracting one per centum from the rate per centum which otherwise would be assumed by such employer under such program if the chapter of the laws of nineteen hundred ninety-three which added this paragraph had not been enacted.
(7) Notwithstanding any other provision of law to the contrary, on and after the ITHP reduction starting date, the member contributions required to be made by any former fractional plan member, for any payroll period in which such member is a career pension plan member or a fifty-five-year-increased-service-fraction member, may not be reduced pursuant to section one hundred thirty-eight-b of the retirement and social security law.
(8) Notwithstanding any other provision of law to the contrary, on and after October first, nineteen hundred ninety-three, a former fractional plan member who is a career pension plan member or a fifty-five-year-increased-service-fraction member may not elect to eliminate or reduce his or her contributions to the retirement system pursuant to the provisions of subdivision c-2 of section 13-125 of this chapter, and any such election made by such person prior to such date shall be deemed to be invalid on and after such date.
(9) Notwithstanding any other provision of law to the contrary, on and after October first, nineteen hundred ninety-three, a former fractional plan member who is a career pension plan member or a fifty-five-year-increased-service-fraction member may not withdraw from his or her account in the annuity savings fund any excess amount pursuant to subdivision d of section 13-140 of this chapter.
(10) Notwithstanding the provisions of paragraph one of subdivision c of this section which permits a career pension plan member to withdraw his or her election of the benefits of this section at any time subsequent to one year after the filing of such election, or any other provision of law to the contrary, any career pension plan member who is deemed to have elected to become a career pension plan member pursuant to the provision of paragraph two of this subdivision may, at any time on or after October first, nineteen hundred ninety-three, withdraw such deemed election of the benefits of this section and become a fifty-five-year-increased-service-fraction member pursuant to, in accordance with and subject to the applicable provisions of subdivision c of this section.