a. Any member, other than a member who is subject to article fifteen of the retirement and social security law, who:
(1) on or after July first, nineteen hundred eighty-four, discontinues sanitation service other than by death, retirement or dismissal; and
(2) is a sanitation member at the time of such discontinuance; and
(3) prior to such discontinuance, completed five or more years of allowable sanitation service; and
(4) at least thirty days prior to the date of such discontinuance, files with the board a duly executed application for a deferred retirement allowance hereunder, which filing shall be made not earlier than December eighteenth, nineteen hundred eighty-four; and
(5) does not withdraw his or her accumulated deductions in whole or in part; shall have a vested right to receive a deferred retirement allowance as provided in this section.
b. (1) Such deferred retirement allowance shall vest automatically upon such discontinuance.
(2) Such retirement allowance shall become payable on the earliest date on which such discontinued sanitation member could have retired for service as a sanitation member if discontinuance had not occurred.
c. (1) Such deferred retirement allowance for a discontinued sanitation member shall consist of:
(a) an annuity which is the actuarial equivalent of an amount equal to the member's accumulated deductions for the period of his or her sanitation service, plus any accumulated contributions transferred to his or her credit pursuant to section forty-three of the retirement and social security law, as the total of such accumulated deductions and contributions is on the earliest date on which such member could have retired for service as a sanitation member; and
(b) a pension, which together with his or her annuity shall be equal to:
(i) in the case of any discontinued sanitation member whose minimum period for service retirement as a sanitation member is twenty years, two and one-half percent of his or her annual earnable compensation on the date of his or her discontinuance of service, multiplied by a number equal to the number of years of allowable sanitation service not in excess of twenty years credited to him or her on the date of such discontinuance, plus the amount produced by multiplying one per centum of his or her final compensation (as defined in subdivision nine of section 13-101 of this chapter) by the number of his or her years of allowable service, other than the first twenty years of allowable sanitation service, plus the amount produced by multiplying one-half of one per centum of his or her final compensation (as defined in such subdivision nine) by the number of his or her years of allowable sanitation service rendered both (A) after completion of twenty years of allowable sanitation service and (B) after July second, nineteen hundred sixty-five; or
(ii) in the case of a discontinued sanitation member whose minimum period for service retirement as a sanitation member is twenty-five years, one service fraction (as defined by paragraph two of subdivision d of section 13-154 of this chapter) of his or her final compensation (as defined in subdivision nine of section 13-101 of this chapter) multiplied by the number of years of his or her allowable service, plus the amount produced by multiplying one-half of one service fraction of his or her final compensation (as defined in such subdivision nine) by the number of his or her years of allowable sanitation service rendered after July second, nineteen hundred sixty-five.
(2) For the purpose only of determining the pension portion of such retirement allowance pursuant to subparagraphs (a) and (b) of paragraph one of this subdivision, the annuity referred to in such subparagraph (a) shall be computed as it would be (i) if it were not reduced by the actuarial equivalent of any outstanding loan, (ii) if it were not increased by the actuarial equivalent of any additional contributions, (iii) 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 (iv) as it would be without any optional modification.
d. Regular interest on the accumulated deductions of a discontinued sanitation member and on his or her reserve-for-increased-take-home-pay shall be credited after discontinuance of sanitation service at the rate which would be applicable if he or she had not discontinued service.
e. If a discontinued sanitation member dies before the earliest date on which such discontinued sanitation member could have retired for service as a sanitation member if discontinuance had not occurred, his or her accumulated deductions shall be paid (1) to the beneficiary designated by him or her pursuant to section 13-148 of this chapter to receive his or her accumulated deductions in the event that such deductions become payable under such section, or (2) if such member has made no such designation, to his or her estate.
f. A discontinued sanitation member may elect any option under section 13-177 of this chapter at any time prior to the first payment of his or her retirement allowance under this section.
g. Withdrawal of accumulated deductions, in whole or in part, after discontinuance of city-service, shall terminate the right to a deferred retirement allowance under this section.
h. If a discontinued sanitation member who has not withdrawn his or her accumulated deductions in whole or in part shall subsequently re-enter city-service before the earliest date on which such discontinued sanitation member could have retired for service as a sanitation member if discontinuance had not occurred:
(i) he or she shall be credited with regular interest on his or her accumulated deductions and his or her reserve-for-increased-take-home-pay from the time of such discontinuance to the time of his or her re-entry into service, at the rate which would have been applicable if he or she had not discontinued sanitation service; and
(ii) if such re-entry into city-service is in a position in the uniformed force of the department of sanitation, he or she shall be entitled to the service credit and status to which he or she was entitled immediately prior to his or her discontinuance of sanitation service; and
(iii) if such re-entry into city-service is in a position which is not in the uniformed force of the department of sanitation, he or she shall be entitled to the service credit and status to which he or she was entitled immediately prior to his or her discontinuance of sanitation service, subject to and not inconsistent with the provisions of law governing the new retirement plan of which he or she becomes a member upon such re-entry into city-service.
i. (1) If a discontinued sanitation member who has not withdrawn his or her accumulated deductions in whole or in part shall subsequently and on or after the earliest date on which such discontinued sanitation member could have retired for service as a sanitation member if discontinuance had not occurred, re-enter service in the uniformed force of the department of sanitation, the payment of his or her pension only shall be suspended and forfeited during the period of such service, except as herein otherwise provided.
(2) Such member may again become a member of the retirement system if, within ninety days after his or her return to such service, he or she files a duly executed and acknowledged application for such membership.
(3) If such beneficiary shall again become a member of the retirement system, the payment of his or her annuity shall also be suspended and forfeited and his or her annuity reserve shall be transferred to his or her credit in the annuity savings fund and he or she shall become such member as a new entrant, subject to the rights of such beneficiary under subdivision b of section six hundred fourteen of the retirement and social security law; provided, however, that he or she shall contribute to the retirement system at the rate (before modification, if any, to which such member may be entitled under any program for increased-take-home-pay) at which he or she would have been contributing if he or she had not discontinued sanitation service. Upon his or her subsequent retirement as a sanitation member, he or she shall be credited with all of his or her service as a member subsequent to his or her last restoration to membership and he or she shall receive therefor a retirement allowance, payable in such form as he or she shall select under section 13-177 of this chapter, consisting of:
(i) an annuity which is the actuarial equivalent of his or her accumulated deductions at the time of his or her retirement; and
(ii) a pension equal to the amount produced by multiplying one per centum of his or her final compensation (as defined in subdivision nine of section 13-101 of this chapter) by the number of his or her years of allowable service credited to him or her from such date of re-entry; and
(iii) a pension equal to the amount produced by multiplying one-half of one per centum of his or her final compensation (as defined in such subdivision nine) by the number of his or her years of allowable sanitation service rendered by him or her from such date of re-entry; and
(iv) a pension-providing-for-increased-take-home-pay which is the actuarial equivalent of the reserve-for-increased-take-home-pay to which he or she may be entitled, if any, for the period of his or her allowable sanitation service rendered by him or her from such date of re-entry.
(4) In addition, upon his or her subsequent retirement, he or she shall receive the pension which he or she was receiving or entitled to receive immediately prior to his or her last restoration.
(5) In lieu of suspension, during restoration to city-service as a sanitation member, of any benefits payable in the event of his or her death by reason of any optional selection in respect to his or her pension, any such beneficiary may pay to the fund or funds from which his or her ordinary pension was payable, the amount by which his or her ordinary pension exceeded the optional pension heretofore granted to him or her, in which event such optional benefit shall continue and be payable in the event of his or her death as though no payment was suspended.
j. If a discontinued sanitation member who has not withdrawn his or her accumulated deductions in whole or in part shall subsequently and on or after the earliest date on which such discontinued sanitation member could have retired for service as a sanitation member if discontinuance had not occurred, re-enter city-service in a position other than a position in the uniformed force of the department of sanitation, the rights, privileges and benefits of such re-entered beneficiary shall be as provided for in section 13-178 of this chapter, provided, however, that if such a re-entered beneficiary, upon re-entering city-service, becomes a member of the uniformed transit police force and a transit police member or becomes a member of the housing police service and a housing police member, or becomes a member of the uniformed correction force and a correction member, his or her rights, privileges and benefits shall be as prescribed by applicable provisions of law in a case where a discontinued member of the same force re-enters city-service in the same force after his or her retirement allowance as a discontinued member has become payable and again becomes a member of a retirement plan provided by sections 13-155, 13-156 and 13-157 of this chapter for such force.
k. As used in this section, the following terms shall have the following meanings:
(1) "Sanitation service." Service in the uniformed force of the department of sanitation, as such force is defined in subdivision sixtytwo of section 13-101 of this chapter and such term shall not include service credit acquired by transfer or otherwise under any provision of law; provided, however, that such term shall include service credited to a sanitation member for retirement and pension purposes pursuant to section 13-153 of this chapter.
(2) "Discontinued sanitation member." A sanitation member who has discontinued sanitation service and has a vested right to a deferred retirement allowance under this section.
l. Notwithstanding any other provision of law, a discontinued member with ten or more years of credited service in the retirement system who dies before a retirement benefit becomes payable and who is otherwise not entitled to a death benefit from the retirement system shall be deemed to have died on the last day that he or she was in service upon which his or her membership was based for purposes of eligibility for the payment of a death benefit pursuant to the provisions of section 13-148 of this title. The death benefit payable in such case shall be one-half of that which would have been payable had such member died on the last day that service was rendered.
m. Nothing contained in this section shall be construed as making article eleven of the retirement and social security law inapplicable to the entitlement and rights, under this section, of any member or beneficiary who is subject to the provisions of such article eleven.