New York Retirement and Social Security Code § 604-C*2

Optional twenty-five-year early retirement program for certain New York city members
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* § 604-c. Optional twenty-five-year early retirement program for\ncertain New York city members. a. Definitions. The following words and\nphrases as used in this section shall have the following meanings unless\na 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 six hundred\nfour-b of this article, whether or not the person employed in such\nposition is a participant in the retirement program set forth in such\nsection six hundred four-b of this article; (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 thirteen 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. "Twenty-five-year early retirement program" shall mean all the\nterms and conditions of this section.\n  8. "Starting date of the twenty-five-year early retirement program"\nshall mean the commencement date of the first payroll period which\nbegins after January first, nineteen hundred ninety-five.\n  9. "Enactment date of the twenty-five-year early retirement program"\nshall mean the date this section takes effect.\n  10. "Participant in the twenty-five-year early retirement program"\nshall mean any New York city eligible member who, under the applicable\nprovisions of subdivision b of this section, is entitled to the rights,\nbenefits and privileges and is subject to the obligations of the\ntwenty-five-year early retirement program, as applicable to him 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. "

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