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CHAPTER 747

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AN ACT to amend the public authorities law, in relation to the operation

of certain water systems by the Onondaga county water authority Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Subdivision 24 of section 1154 of the public authorities law, as amended by chapter 455 of the laws of 1985, is amended to read as follows:

Notwithstanding any other provision of this section, to purchase, construct, lease and operate water systems and properties in the towns of Sullivan, Lenox, Lincoln, Volney, Verona, Vienna, Hastings, and West Monroe, to enter into any contract authorized by this section with any municipality within the territorial limits of said towns, and to supply and sell any water not needed in the county of Onondaga at retail or at wholesale to individual consumers within the territorial limits of said towns.

§ 2. This act shall take effect immediately.

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AN ACT to amend the mental hygiene law, in relation to providing, for a

board of visitors consisting of from seven to ten members for a hospi-
tal at the Rochester psychiatric center
Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subd vision (a) oi section 7. 33 of the mental hygiene law, as amended by chapter 31 of the laws of 1990, is amended to read follows:

(a) Each hospital the department shall have a board of visitors consisting of seven members; provided, however, that a hospital at the Pilgrim psychiatric center and a hospital at the Rochester psychiatric center shall have a board of visitors consisting of at least seven, but not

more than ten members. Members appointed or reappointed after the effective date of this chapter shall be appointed by the governor,

by and with the advice and consent of the senate. Members shall be appointed for four year terms to expire on the thirty-first day of

December of the fourth year of the term of office provided however, when more than three terms expire in any one year,, members may be appointed for terms of fewer years as designated by the governor so that no more than three members' terms expire in any one year. All terms of office shall expire on the thirty-first day of December of the designated year. A member whose term has expired shall, however, remain in office until such member's successor has been appointed and has taken office, or until such members shall have resigned or have been removed from office in the manner hereinafter provided. Should any member resign or be removed from office, the governor shall promptly submit, for senate

consent, successor

candidate to fill the remaining term of the vacated office. A visitor may be removed by the governor for cause after notice and an opportunity for a hearing on the charges. In making appointments to boards of visitors, the governor shall endeavor to ensure that the

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each such board includes at least three individuals who are parents or relatives of patients or of former patients and that the remainder includes only those persons, including former patients, who shall have ex, pressed an active interest

shall have obtained professional knowledge in the care of the mentally ill or in mental health endeavors generally.

§ 2. This act shall take effect immediately.

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CHAPTER 749

(See FISCAL NOTE at end of Chapter.)

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AN ACT to amend the

administrative code of the city of New York, in relation to permitting certain members of the New York city employees' retirement system and the New York city board of education retirement system to elect retroactive membership in such systems based upon previous part-time service and permitting certain members of such systems who retire for service to purchase credit for such previous parttime service on an accelerated basis for a lump sum; and to amend such code and the retirement and social security law, in relation to the crediting of all part-time service by such systems and the calculation of benefits based upon such part-time service; and to amend such code, in relation to the calculation of benefits by such systems based upon service rendered concurrently in two or more positions which qualify a person for membership in one of such systems; and to amend such code and the education law, in relation to making school crossing guards employed by the New York city police department eligible for member

ship in the board of education retirement system Became a law July 31, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 9 of section 13-101 of the administrative code of the city of New York is amended to read as follows:

9. ["Final compensation"] Except as otherwise provided in paragraph five of subdivision e of section 13-638.4 of this

title, "final compensation" shall mean the average annual compensation earnable by a member for city-service during his or her last five

years of cityservice,

during any other five consecutive years of member or restored member service which such member shall designate,

except that regular per annum employees may designate any two periods totalling five calendar years.

§ 2. Paragraph (a) of subdivision 58 of section 13-101 of the administrative code of the city of New York is amended to read as follows:

(a) ["Three-year-average compensation"] Except as otherwise provided in paragraph six of subdivision e of section 13-638.4 of this title, "three-year-average compensation" shall mean the average annual compensation earnable by a career pension plan member or by a fifty-five-yearincreased-service-fraction member or by a discontinued member for cityservice during any three years of the city-service of such member designated in a written application duly executed and filed with the board by such member (1) prior to the effective date of his retirement in the case of a career pension plan member or a fifty-fiveyear-increased-service-fraction member, or (2) at the time when he or she files an application for payment of his or her retirement allowance pursuant to subdivision b of section 13-173 of this chapter, in the case of a discontinued member.

§ 3. Subdivision b of section 13-107 of the administrative code of the city of New York is amended to read as follows:

b. Such board shall fix and determine how much service rendered in any year shall be the equivalent of a year of service and of parts thereofs, but shall credit one year for two hundred fifty or more days of service and] in accordance with the provisions of subdivision

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13-638.4 of this title, but shall credit not more than one year for all service in any calendar year.

§ 4. Subparagraph (a) of paragraph 2 of subdivision a of section 13-148 of the administrative code of the city of New York is amended to read as follows:

(a) If he or she is a member who is in city-service or is on a civil service preferred eligible list by reason of city-service, unless a pension be payable by the city under the provisions of section 13-149 of this chapter, a sum ( consisting] which, subject to the provisions of paragraph four of subdivision e of section 13-638.4 of this title, shall consist of:

(i) an amount equal to the compensation earnable by, such member while a member, during the six months immediately preceding his or her death; or

(ii) if the total number of years in which allowable service was rendered exceeds ten, including service which was allowable during

former membership, then an amount equal to the compensation earnable by such member in city-service while a member during the twelve months immediately preceding his or her death; or

(iii) if such member, at the time of his or her death, held a career pension plan position, and if the total number of years in which allowable service was rendered includes twenty or more years of career pension plan qualifying service, including career pension plan qualifying service which allowable during former membership, then an amount equal to twice the compensation earnable by him or her

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city-service while a member during the twelve months immediately preceding his or her death; and (iv)

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addition to the amount payable under item (i), (ii) or (iii) of this subparagraph (a), the reserve-for-increased-take-homé-pay, if any.

§ Subparagraph (a) of paragraph 3 of subdivision e of section 13-162 of the administrative code of the city of New York is amended to read as follows:

(a) [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.

§ 6. Subparagraph (a) of paragraph 3 of subdivision g of section 13-162 of the administrative code of the city of New York is amended to read as follows:

(a) subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title, a pension, for the

years

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;

§ 7. Subparagraph (a) of paragraph 4 of subdivision g of section 13-162 of the administrative code of the city of New York is amended to read as follows:

(a) subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title,

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

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year prior to his or her retirement, unless such pension is required to be determined pursuant to subparagraph (b) of this paragraph four[:];

§ 8. Subparagraph (b) of paragraph 7 of subdivision a of section 13-172 of the administrative code of the city of New York is amended to read as follows:

(b) Such pension computed pursuant to this paragraph seven shall, subject to the provisions of paragraph two of subdivision of section 13-638.4 of this title, consist of the following:

(i) for the years of such member's allowable service rendered on or after the first day of October, nineteen hundred twenty, and prior to July first, nineteen hundred sixty-eight, a pension equal to the product obtained by multiplying the number of such years by one and two-tenths per centum

of such member's annual salary or compensation earnable by him or her, for city-service in the year prior to his or her retirement; provided, however, that if such member shall elect, pursuant to subdivision fifty-eight of section 13-101 of this chapter, that such pension be computed the basis of his or her three-year-average compensation, then such pension for such years shall instead be equal to the product obtained by multiplying, the number of such years by one and two-tenths per centum of such member's three-year-average compensation; and

(ii) for the years of such member's allowable service rendered after June thirtieth, nineteen hundred sixty-eight, a pension equal to the product obtained by multiplying the number of such years by one and fifty-three one-hundredths per centum of such member's annual salary or compensation earnable by him or her for city-service in the year prior to his or her retirement; provided, however, that 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 threeyear-average compensation, then such pension for such years shall instead be equal to the product obtained by multiplying the number of such years by one and fifty-three one-hundredths per centum of such member's three-year-average compensation.

$ 9. Subparagraph (e) of paragraph 8 of subdivision a of section 13-172 of the administrative code of the city of New York is amended to read as follows:

(e) [The] Subject to the provisions of paragraph two of subdivisione of section 13-638.4 of this title, the retirement allowances provided for by, paragraphs (c) and (d) of this paragraph eight shall be computed on the basis of the retired member's salary or compensation earnable by him or her for city-service in the year prior to his or her retirement.

5 10. Paragraph 2 of subdivision c of section 13-173 of the administrative code of the city of New York is amended to read as follows:

(2) [The] Subject to the provisions of paragraph three of subdivision e of section 13-638.4 of this title, the pension of such member under paragraph şeven of subdivision a of section 13-172 of this chapter shall be computed on the basis of his or her annual salary

compensation earnable by him or her for city-service in the year prior to his or her discontinuance of city-service, except as otherwise provided in paragraph three of this subdivision c.

§ 11. Subparagraph (a) of paragraph 3 of subdivision c of section 13-174 of the administrative code of the city of New York is amended to read as follows:

(a) subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title, a pension which shall be equal to the product obtained by multiplying the number of years of such member's allowable service rendered prior to July first, nineteen hundred sixtyeight, 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;

§ 12. Subparagraph (a) of paragraph 4 of subdivision c of section 13-174 of the administrative code of the city of New York is amended to read as follows:

(a) subject to the provisions of paragraph two of subdivision e of section 13-638.4 of this title, a pension which shall be equal to the product obtained by multiplying the number of years of such member's al. Towable service rendered after June thirtieth, nineteen hundred sixty: eight

one and fifty-three one-hundredths 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;

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§ 13. The administrative code of the city of New York is amended by adding a new section 13-638,4 to read as follows:

$ 13-638.4 Membership rights in NYCERS and BERS for part-time service; credit for service; dual employment provisions; membership rights of school crossing guards. 8. Definitions. The following terms, as used in this section, shall have the following meanings, unless a different meaning is plainly required by the context:

(1) "RSSL". The New York state retirement and social security law.

(2) "City-service". City-service as defined in subdivision three of section 13-101 of the code.

(3) "Education service". Service as a paid official or employee of the board of education of the city of New York or the New York city school construction authority, and allowable as provided in section four of the rules and regulations of the board of education retirement system of the city of New York or, in the case of a tier II, tier III or tier IV nember of such system, allowable pursuant to the provisions which respectively govern

the

service credit of such a member of such retirement system.

(4) "NYCERS". The New York city employees' retirement system:

(5) "BERS". The board of education retirement system of the city of New York.

(6) "Retirement system". NYCERS or BERS.

(7) "Tier I member". A member of NYCERS or BERS whose benefits (other than a supplemental retirement allowance) are prescribed by chapter of title thirteen of the code or the BERS rules and regulations, respec tively, and who is not subject to the provisions of article eleven, article fourteen or article fifteen of the RSSL.

(8) "Tier II member". A member of NYCERS or BERS who is subject to the provisions of article eleven of the RSSL.

(9) "Tier III member". A member of NYCERS or BERS who is subject to the provisions of article fourteen of the RSSL.

(10) "Tier IV member". A member of NYCERS or BERS who is subject to the provisions of article fifteen of the RSSL.

(11) "Full-time city-service". City-service rendered in a title in which' a person is regularly scheduled to work at least eighteen hundred twenty-seven hours per year, provided that no service rendered prior to the expiration of the window period (as defined in paragraph twenty-two of this subdivision) in such a title shall be deemed to be full-time city-service for the limited purposes only of subdivisions b and d of this section where NYCERS, prior to May thirty-first, pineteen hundred eighty-eight, would have deemed the person rendering such service to ineligible for membership in NYCERS because such person was regularly scheduled to work less than sufficient number of hours per year for NYCERS to consider such service to be full-time city-service, or because such service was being rendered not on a per annum basis, but rather à per hour basis, a per diem basis or some other basis. The employer of any member of NYCERS or BERS, at such retirement system's request, shall certify the regularly scheduled hours of employment of any position held by such member.

(12) "Part-time city-service". City-service which is not full-time city-service.

(13)(i) "Full-time education service". Except as provided in subparagraph (ii) of this paragraph, (A) education service rendered in a title in which a person is regularly scheduled to work at least eighteen hundred twenty-seven hours per year; or (B) education service rendered in a title (a)

in which duties are regularly scheduled to be performed only during the school year (as defined in paragraph

of this subdivision), (b) in which a person is regularly scheduled to work at least fourteen hundred seventy hours per school year, and (c) in which

as a member of BERS, is entitled to earn credit for such service, pursuant to paragraph two of subdivision c of this section, the basis of one year of service credit for fourteen hundred seventy hours of such service rendered in a calendar year.

(ii) No such service rendered prior to the expiration of the window period (as defined in paragraph twenty-two of this subdivision), which meets, the requirements of subparagraph (i) of this paragraph, shall be deemed to be full-time education service for the limited purposes only of subdivisions b and d of this section where BERS, prior to May thirtyfirst, nineteen hundred eighty-eight, would have deemed the person EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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