* § 445-d. Optional age fifty-five improved benefit retirement program\nfor certain New York city members. a. Definitions. The following words\nand phrases as used in this section shall have the following meanings\nunless a different meaning is plainly required by the context.\n 1. "NYCERS" shall mean the New York city employees' retirement system.\n 2. "BERS" shall mean the board of education retirement system of the\ncity of New York.\n 3. "Administrative code" shall mean the administrative code of the\ncity of New York.\n 4. "BERS rules and regulations" shall mean the rules and regulations\nfor the government, management and control of BERS adopted pursuant to\nsection twenty-five hundred seventy-five of the education law.\n 5. "New York city eligible position" shall mean:\n (i) with respect to members of NYCERS, all positions in city-service\n(as defined in subdivision three of section 13-101 of the administrative\ncode), except (a) any position in the uniformed transit police force, as\ndefined in subdivision thirty-one of section 13-101 of the\nadministrative code; (b) any position in the New York city transit\nauthority which is covered by the provisions of section 13-161 of the\nadministrative code, whether or not the person employed in such position\nelected the benefits of such section 13-161; (c) any position in the\nhousing police service, as defined in subdivision thirty-five of section\n13-101 of the administrative code; (d) any position in the uniformed\ncorrection force, as defined in subdivision thirty-nine of section\n13-101 of the administrative code; (e) any position in the uniformed\nforce of the department of sanitation, as defined in subdivision\nsixty-two of section 13-101 of the administrative code; (f) the\npositions of bridge and tunnel officer, bridge and tunnel sergeant,\nbridge and tunnel lieutenant, assistant bridge and tunnel maintainer,\nbridge and tunnel maintainer, senior bridge and tunnel maintainer and\nlaborer with the Triborough bridge and tunnel authority; (g) any\nposition in the division of housing and community renewal; (h) any\nposition in the unified court system; (i) any teaching position with the\ncity university of New York; and (j) any position as an investigator\nmember; or\n (ii) with respect to members of BERS, all positions in education\nservice (as defined in paragraph fifteen of this subdivision), except\nany position as a substitute teacher or any other position represented\nby the recognized teacher organization for collective bargaining\npurposes.\n 6. "New York city eligible member" shall mean a member of NYCERS or\nBERS who is subject to the provisions of this article and who is\nemployed in a New York city eligible position.\n 7. "Age fifty-five improved benefit retirement program" shall mean all\nthe terms and conditions of this section.\n 8. "Starting date of the age fifty-five improved benefit retirement\nprogram" shall mean the commencement date of the first payroll period\nwhich begins after January first, nineteen hundred ninety-five.\n 9. "Enactment date of the age fifty-five improved benefit retirement\nprogram" shall mean the date this section takes effect.\n 10. "Participant in the age fifty-five improved benefit retirement\nprogram" shall mean any New York city eligible member who, under the\napplicable provisions of subdivision b of this section, is entitled to\nthe rights, benefits and privileges and is subject to the obligations of\nthe age fifty-five improved benefit retirement program, as applicable to\nhim or her.\n 11. "Physically taxing position" shall mean, for a member of NYCERS, a\nNew York city eligible position which is a physically taxing position as\ndefined in subdivision fifty-six of section 13-101 of the administrative\ncode or, for a member of BERS, a New York city eligible position which\nis a physically taxing position as defined in subdivision thirty-five of\nsection two of the BERS rules and regulations.\n 12. "Particip
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