S T A T E O F N E W Y O R K ________________________________________________________________________ 5782 2013-2014 Regular Sessions I N S E N A T E June 14, 2013 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the navigation law, in relation to the creation of a Hudson River pilots surcharge board THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 4 of section 89-a of the navi- 2 gation law, as added by chapter 197 of the laws of 1990, is amended to 3 read as follows: 4 (a) Every foreign vessel and every American vessel under register 5 navigating the waters of that portion of the Hudson river specified in 6 this section shall be subject to BASE pilotage [fees, at the] rates 7 hereinafter specified in this subdivision: 8 S 2. Subparagraph 1 of paragraph (b) of subdivision 4 of section 89-a 9 of the navigation law, as amended by chapter 392 of the laws of 2006, is 10 amended to read as follows: 11 (1) (I) All vessels of 100 pilotage units and over shall pay $12.17 12 per pilotage unit for Section 1, Lower River; Yonkers, to all ports 13 through Hyde Park. 14 The following charges shall be applicable to Section 1, Lower River: 15 Up to 50 pilotage units ........................................ $852.97 16 More than 50 and up to 100 pilotage units ..................... $1217.00 17 All vessels of 100 pilotage units and over shall pay ............ $17.19 18 per pilotage unit for Section 2, Upper River; Yonkers, to all ports 19 beyond Hyde Park through Albany or Troy. 20 The following charges shall be applicable to Section 2, Upper River: 21 Up to 50 pilotage units ....................................... $1406.05 22 More than 50 and up to 100 pilotage units ..................... $1719.00 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10448-01-3 S. 5782 2 1 A maximum charge of up to 500 pilotage units shall be applicable. 2 (II) TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT THE FOLLOWING 3 BASE PILOTAGE RATES SHALL BE APPLICABLE: 4 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.41 PER PILO- 5 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 6 PARK. 7 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 8 LOWER RIVER: 9 UP TO 50 PILOTAGE UNITS ........................................ $870.03 10 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1241.00 11 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS 12 SHALL BE APPLICABLE. 13 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 14 RATE OF .......................................................... 17.53 15 PER PILOTAGE UNIT FOR SECTION 2, 16 UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE 17 PARK THROUGH ALBANY OR TROY. 18 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 19 UPPER RIVER: 20 UP TO 50 PILOTAGE UNITS ....................................... $1434.17 21 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1753.00 22 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 23 (III) TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT THE 24 FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE: 25 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.66 PER PILO- 26 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 27 PARK. 28 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 29 LOWER RIVER: 30 UP TO 50 PILOTAGE UNIT$887.43 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS 31 $1266.00 32 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 33 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 34 RATE OF ......................................................... $17.88 35 PER PILOTAGE UNIT FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 36 BEYOND HYDE PARK THROUGH ALBANY OR TROY. 37 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 38 UPPER RIVER: 39 UP TO 50 PILOTAGE UNITS ....................................... $1462.85 40 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1788.00 41 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 42 (IV) THIRTY-SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT THE 43 FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE: 44 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.85 PER PILO- 45 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 46 PARK. 47 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 48 LOWER RIVER: 49 UP TO 50 PILOTAGE UNITS ........................................ $900.74 50 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1285.00 51 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 52 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 53 RATE OF ......................................................... $18.15 S. 5782 3 1 PER PILOTAGE UNIT FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 2 BEYOND HYDE PARK THROUGH ALBANY OR TROY. 3 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 4 UPPER RIVER: 5 UP TO 50 PILOTAGE UNITS ....................................... $1484.48 6 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1815.00 7 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 8 (V) FORTY-EIGHT MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT THE 9 FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE: 10 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $13.07 PER PILO- 11 TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE 12 PARK. 13 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 1, 14 LOWER RIVER: 15 UP TO 50 PILOTAGE UNITS ........................................ $914.25 16 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1307.00 17 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 18 ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE 19 RATE OF ......................................................... $18.42 20 PER PILOTAGE UNIT FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS 21 BEYOND HYDE PARK THROUGH ALBANY OR TROY. 22 THE FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE TO SECTION 2, 23 UPPER RIVER: 24 UP TO 50 PILOTAGE UNITS ....................................... $1507.07 25 MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1842.00 26 A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE. 27 S 3. Paragraph (b) of subdivision 4 of section 89-a of the navigation 28 law is amended by adding two new subparagraphs 1-b and 1-c to read as 29 follows: 30 (1-B) THERE IS HEREBY CREATED A HUDSON RIVER PILOTS SURCHARGE BOARD 31 WHICH SHALL DETERMINE THE RATE OF THE SURCHARGE PROVIDED IN SUBPARAGRAPH 32 ONE-C OF THIS PARAGRAPH. THE SURCHARGE BOARD SHALL DETERMINE ELIGIBILITY 33 FOR BENEFITS PURSUANT TO SUBDIVISIONS FIVE AND EIGHT OF THIS SECTION. 34 THE HUDSON RIVER PILOTS SURCHARGE BOARD SHALL CONSIST OF TWO MEMBERS 35 AS FOLLOWS: THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF PILOTS OF THE 36 STATE OF NEW YORK, OR HIS OR HER DESIGNEE FROM THE BOARD OF COMMISSION- 37 ERS, AND THE PRESIDENT OF THE HUDSON RIVER PILOTS ASSOCIATION, OR HIS OR 38 HER DESIGNEE WHO MUST BE A MEMBER OF SUCH ASSOCIATION. IN THE EVENT THE 39 TWO MEMBERS CANNOT REACH A DECISION ON THE SURCHARGE RATE, A THIRD 40 MEMBER SHALL BE APPOINTED BY THE TWO MEMBERS FROM A LIST SUBMITTED BY 41 THE AMERICAN ARBITRATION ASSOCIATION FROM ITS LISTS OF COMMERCIAL ARBI- 42 TRATORS. IF, AFTER SUBMISSION OF SUCH A LIST, THE TWO MEMBERS OF THE 43 BOARD FAIL TO AGREE UPON A SINGLE ARBITRATOR AS THE THIRD MEMBER, THEN 44 THE AMERICAN ARBITRATION ASSOCIATION SHALL BE AUTHORIZED TO SELECT AND 45 SUBMIT THE NAME OF THE THIRD MEMBER FOR APPOINTMENT. SUCH THIRD MEMBER 46 SHALL BE APPOINTED WITHIN TEN DAYS OF A DEADLOCKED VOTE OF THE HUDSON 47 RIVER PILOTS SURCHARGE BOARD. SUCH MEMBERS SHALL VOTE AT MEETINGS CALLED 48 UPON WRITTEN NOTICE MAILED SEVEN CALENDAR DAYS IN ADVANCE OF THE MEET- 49 ING, TO DETERMINE THE RATE OF SURCHARGE, ASSISTED AS NECESSARY BY QUALI- 50 FIED ACTUARIES OR ACCOUNTANTS, AUTHORIZED IN CLAUSE (I) OF SUBPARAGRAPH 51 ONE-C OF THIS PARAGRAPH DURING EACH CALENDAR QUARTER IN TIME SUFFICIENT 52 FOR SUCH SURCHARGE TO BE IN EFFECT ON THE FOLLOWING JANUARY FIRST, APRIL 53 FIRST, JULY FIRST, AND OCTOBER FIRST OF EACH YEAR. WRITTEN NOTICE OF 54 MEETINGS MAY BE WAIVED IF DONE SO WITH UNANIMOUS CONSENT OF ALL BOARD 55 MEMBERS. MEMBERS OF THE HUDSON RIVER PILOTS SURCHARGE BOARD SHALL BE 56 SUBJECT TO SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW. S. 5782 4 1 (1-C) (I) IN ADDITION TO THE BASE PILOTAGE CHARGE SET FORTH IN SUBPAR- 2 AGRAPH ONE OF THIS PARAGRAPH, THERE IS HEREBY ESTABLISHED A SURCHARGE ON 3 EVERY FOREIGN VESSEL AND EVERY AMERICAN VESSEL UNDER REGISTER NAVIGATING 4 THAT PORTION OF THE HUDSON RIVER SPECIFIED IN THIS SECTION. SUCH 5 SURCHARGE, AS DETERMINED QUARTERLY BY THE HUDSON RIVER PILOTS SURCHARGE 6 BOARD, SHALL BE IMPOSED FOR THE EXCLUSIVE PURPOSE OF THE FUNDING, ON A 7 SOUND ACTUARIAL BASIS, THE RETIREMENT BENEFITS FOR HUDSON RIVER PILOTS, 8 DESCRIBED IN CLAUSE (II) OF THIS SUBPARAGRAPH. 9 (II) THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS 10 SUBPARAGRAPH SHALL BE COMPUTED AS FOLLOWS: 11 PILOTAGE UNITS SURCHARGE 12 0 TO 50 $113.00 13 51 TO 100 $138.00 14 OVER 100 $1.38 PER PILOT UNIT 15 DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARA- 16 GRAPH. 17 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 18 GRAPH SHALL BE COMPUTED AS FOLLOWS: 19 PILOTAGE UNITS SURCHARGE 20 0 TO 50 $170.00 21 51 TO 100 $207.00 22 OVER 100 $2.07 PER PILOT UNIT 23 DURING THE PERIOD BEGINNING WITH THE THIRTEENTH MONTH AND ENDING WITH 24 THE TWENTY-FOURTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. 25 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 26 GRAPH SHALL BE COMPUTED AS FOLLOWS: 27 PILOTAGE UNITS SURCHARGE 28 0 TO 50 $213.00 29 51 TO 100 $260.00 30 OVER 100 $2.60 PER PILOT UNIT 31 DURING THE PERIOD BEGINNING WITH THE TWENTY-FIFTH MONTH AND ENDING WITH 32 THE THIRTY-SIXTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. 33 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 34 GRAPH SHALL BE COMPUTED AS FOLLOWS: 35 PILOTAGE UNITS SURCHARGE 36 0-50 $250.00 37 51-100 $305.00 38 OVER 100 $ 3.05 PER PILOT UNIT 39 DURING THE PERIOD BEGINNING WITH THE THIRTY-SEVENTH MONTH AND ENDING 40 WITH THE FORTY-EIGHTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARA- 41 GRAPH. 42 THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA- 43 GRAPH SHALL BE COMPUTED AS FOLLOWS: 44 PILOTAGE UNITS SURCHARGE 45 0-50 $280.00 46 51-100 $341.00 47 OVER 100 $ 3.41 PER PILOT UNIT 48 DURING THE PERIOD BEGINNING WITH THE FORTY-NINTH MONTH AND ENDING WITH 49 THE SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH. S. 5782 5 1 (III) FOLLOWING THE SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS 2 SUBPARAGRAPH, THE AMOUNT OF THE SURCHARGE AS DETERMINED BY THE SURCHARGE 3 BOARD SHALL NOT EXCEED THE GREATER OF THIRTY-FIVE PERCENT OF THE SUM OF 4 THE BASE PILOTAGE CHARGES SET FORTH IN SUBPARAGRAPH ONE OF THIS PARA- 5 GRAPH FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE PARK 6 THROUGH ALBANY OR TROY, AS AMENDED; OR FIVE HUNDRED THOUSAND DOLLARS IN 7 ANY CALENDAR YEAR. THE SURCHARGE MAY BE ADJUSTED BY THE SURCHARGE BOARD 8 FROM THE EFFECTIVE DATE OF THIS SUBPARAGRAPH AS NEEDED BASED ON SOUND 9 ACTUARIAL PRINCIPLES. 10 (IV) THE SCALE OF CHARGES SET FORTH IN THIS SUBPARAGRAPH IS DEEMED A 11 PILOTAGE FEE AND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 12 NINETY-FIVE OF THIS ARTICLE. 13 (V) (A) THE PROCEEDS OF THE SURCHARGE PROVIDED FOR IN THIS SECTION 14 SHALL BE DEPOSITED IN AN ACCOUNT MAINTAINED BY THE HUDSON RIVER PILOTS 15 ASSOCIATION FOR THE BENEFIT OF HUDSON RIVER PILOTS ELIGIBLE FOR BENEFITS 16 AS PROVIDED IN THIS SECTION, FROM WHICH ACCOUNT ALL SUCH BENEFITS AND 17 THE REASONABLE EXPENSES FOR ADMINISTRATION THEREOF SHALL BE PAID. THE 18 MONIES ON DEPOSIT IN SUCH ACCOUNT SHALL BE REFERRED TO HEREAFTER AS THE 19 "RETIREMENT ASSETS". THE RETIREMENT ASSETS SHALL BE USED TO PAY A YEARLY 20 RETIREMENT BENEFIT TO (I) HUDSON RIVER PILOTS ACTIVE ON THE DATE PILO- 21 TAGE RATES ARE COMPUTED PURSUANT TO THIS SUBPARAGRAPH AND THEREAFTER, 22 UPON RETIREMENT ON OR AFTER THE AGE OF SIXTY; (II) RETIRED HUDSON RIVER 23 PILOTS OR HUDSON RIVER PILOTS RECEIVING BENEFITS ON THE EFFECTIVE DATE 24 OF THIS SECTION; AND (III) TO ELIGIBLE SURVIVING SPOUSES OF RETIRED 25 PILOTS. 26 (B) HUDSON RIVER PILOTS WHO ARE ALSO SANDY HOOK PILOTS ELIGIBLE TO 27 RECEIVE A FULL BRANCH RETIREMENT BENEFIT UNDER ITEM (B) OF SUBCLAUSE ONE 28 OF CLAUSE (II) OF SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION FOUR 29 OF SECTION EIGHTY-EIGHT OF THIS ARTICLE SHALL BE EXCLUDED FROM RECEIVING 30 ANY BENEFITS SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION. 31 (C) NO INDIVIDUAL OTHER THAN THOSE SPECIFIED IN SUBCLAUSE (A) OF THIS 32 CLAUSE SHALL BE ELIGIBLE FOR BENEFITS PURSUANT TO THE SURCHARGE 33 DESCRIBED IN CLAUSE (I) OF THIS SUBPARAGRAPH WITHOUT THE APPROVAL OF THE 34 HUDSON RIVER PILOTS SURCHARGE BOARD. 35 (D) THE FUNDS GENERATED BY THE SURCHARGE IMPOSED BY CLAUSE (I) OF THIS 36 SUBPARAGRAPH SHALL BE ADMINISTERED BY THE EXECUTIVE COMMITTEE OF THE 37 HUDSON RIVER PILOTS ASSOCIATION, OR ANY SUCCESSORS THERETO. ANY FUNDS 38 GENERATED BY THE SURCHARGE IMPOSED BY CLAUSE (I) OF THIS SUBPARAGRAPH 39 WHICH EXCEED THE FUNDS DEEMED SUFFICIENT TO PROVIDE THE BENEFITS SET 40 FORTH IN ITEMS (I) AND (III) OF SUBCLAUSE (A) OF THIS CLAUSE SHALL BE 41 USED TO DEFRAY THE RETIREMENT BENEFITS SET FORTH IN THIS SUBCLAUSE. 42 (E) THE SURCHARGES PURSUANT TO CLAUSE (I) OF THIS SUBPARAGRAPH SHALL 43 BE COLLECTED BY THE AGENT OF THE HUDSON RIVER PILOTS. FUNDS GENERATED 44 FOR THESE PURPOSES SHALL BE AUDITED ANNUALLY BY THE SURCHARGE BOARD TO 45 ENSURE PROPER FUNDING FOR THE PURPOSES SET FORTH IN CLAUSE (I) OF THIS 46 SUBPARAGRAPH. 47 S 4. Section 89-a of the navigation law is amended by adding five new 48 subdivisions 5, 6, 7, 8 and 9 to read as follows: 49 5. EACH HUDSON RIVER PILOT WHO ENTERED SERVICE AFTER TWO THOUSAND FIVE 50 AS A HUDSON RIVER PILOT SHALL PARTICIPATE IN SUCH QUALIFIED RETIREMENT 51 PROGRAM AS ADOPTED BY EACH SUCH PILOT AND FUNDED BY SUCH PORTION OF THE 52 SURCHARGE ALLOCATED THERETO BY THE SURCHARGE BOARD TO PROVIDE A CONTRIB- 53 UTION OF AN AMOUNT EQUIVALENT TO TWELVE PERCENT OF THE EARNINGS FROM 54 SERVICE AS AN ACTIVE HUDSON RIVER PILOT BASED UPON THE BASE PILOTAGE 55 TARIFFS SET FORTH IN THIS PARAGRAPH. SUCH AMOUNT SHALL BE TRANSFERRED 56 DIRECTLY BY THE AGENT TO SUCH PILOT'S RETIREMENT ACCOUNT, IT BEING S. 5782 6 1 UNDERSTOOD THAT SUCH PILOT'S ENTIRE RETIREMENT BENEFIT WILL BE PROVIDED 2 SOLELY BY THE ACCOUNT BALANCE OF SUCH RETIREMENT ACCOUNT ON THE DATE OF 3 RETIREMENT. IN ADDITION, SUCH SURCHARGE SHALL BE USED TO PURCHASE LIFE 4 AND DISABILITY INSURANCE COVERAGE FROM AN INSURANCE COMPANY SELECTED BY 5 THE BOARD. SUCH DISABILITY INSURANCE SHALL PROVIDE A DISABILITY BENEFIT 6 COMPUTED AS A SINGLE LIFE ANNUITY, EQUAL TO FIFTY PERCENT OF THE AMOUNT 7 WHICH IS EQUAL TO SUCH PILOT'S EARNINGS FROM SERVICE AS AN ACTIVE HUDSON 8 RIVER PILOT BASED UPON THE BASE PILOTAGE TARIFFS SET FORTH IN THIS PARA- 9 GRAPH DURING THE LAST FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE HUDSON 10 RIVER PILOT PRIOR TO DISABILITY, UNTIL THE AGE OF SIXTY. IN THE EVENT 11 SUCH DISABILITY INSURANCE IS UNAVAILABLE, EACH SUCH PILOT ELIGIBLE FOR 12 SICK RETIREMENT BENEFITS SHALL RECEIVE, A YEARLY BENEFIT COMPUTED AS A 13 SINGLE LIFE ANNUITY EQUAL TO THE SUM OF TEN PERCENT OF THE AMOUNT WHICH 14 IS EQUAL TO THE EARNINGS FROM SERVICE AS AN ACTIVE HUDSON RIVER PILOT 15 BASED UPON THE PILOTAGE TARIFFS SET FORTH IN THIS PARAGRAPH DURING THE 16 LAST FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE HUDSON RIVER PILOT PRIOR 17 TO DISABILITY AND ONE AND SIX-TENTHS PERCENT FOR EACH YEAR OF SERVICE 18 AFTER THE FIRST YEAR TO A MAXIMUM OF FIFTY PERCENT OF THE AMOUNT WHICH 19 IS EQUAL TO THE EARNINGS FROM SERVICE AS AN ACTIVE HUDSON RIVER PILOT 20 BASED UPON THE BASE PILOTAGE TARIFFS SET FORTH IN THIS PARAGRAPH DURING 21 THE LAST FULL CALENDAR YEAR OF SERVICE AS AN ACTIVE HUDSON RIVER PILOT 22 PRIOR TO DISABILITY, UNTIL THE AGE OF SIXTY. 23 6. HUDSON RIVER PILOTS WHO RETIRED BEFORE NINETEEN EIGHTY SHALL 24 RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE AMOUNT OF THIRTY-FOUR THOU- 25 SAND NINE HUNDRED NINETY-FIVE DOLLARS; THOSE WHO RETIRED FROM NINETEEN 26 EIGHTY-ONE THROUGH NINETEEN NINETY SHALL RECEIVE AN ANNUAL RETIREMENT 27 BENEFIT IN THE AMOUNT OF THIRTY-NINE THOUSAND NINE HUNDRED NINETY-FIVE 28 DOLLARS; THOSE WHO RETIRED FROM NINETEEN HUNDRED NINETY-ONE THROUGH TWO 29 THOUSAND SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE AMOUNT OF 30 FORTY-FOUR THOUSAND NINE HUNDRED NINETY-FOUR DOLLARS; THOSE WHO RETIRED 31 IN TWO THOUSAND ONE SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE 32 AMOUNT OF FIFTY-EIGHT THOUSAND FOUR HUNDRED NINETY-TWO DOLLARS; THOSE 33 WHO RETIRED IN TWO THOUSAND EIGHT SHALL RECEIVE AN ANNUAL RETIREMENT 34 BENEFIT IN THE AMOUNT OF FIFTY-NINE THOUSAND NINE HUNDRED NINETY-TWO 35 DOLLARS; THOSE WHO RETIRED IN TWO THOUSAND TEN SHALL RECEIVE AN ANNUAL 36 RETIREMENT BENEFIT IN THE AMOUNT OF FORTY-NINE THOUSAND NINE HUNDRED 37 NINETY-THREE DOLLARS; AN ACTIVE HUDSON RIVER PILOT WHO RETIRES BEFORE 38 TWO THOUSAND SIXTEEN AND HAS BEEN A HUDSON RIVER PILOT FOR THIRTY OR 39 MORE YEARS AND HAS REACHED THE AGE OF SIXTY-FIVE SHALL RECEIVE AN ANNUAL 40 RETIREMENT BENEFIT EQUAL TO SIXTY PERCENT OF THE HIGHEST ANNUAL EARNINGS 41 IN THE LAST THREE YEARS OF SERVICE AS A FULL BRANCH PILOT. 42 7. (A) A HUDSON RIVER PILOT ELIGIBLE FOR BENEFITS SET FORTH IN SUBDI- 43 VISION FIVE OF THIS SECTION, WHO RETIRES, SHALL NOT BE ENTITLED TO 44 COMMENCE RECEIVING BENEFITS UNTIL THE COMMENCEMENT OF THE BENEFIT 45 PAYMENT PERIOD NEXT FOLLOWING THE DATE ON WHICH SUCH PILOT RETIRED OR 46 BECAME ELIGIBLE FOR DISABILITY RETIREMENT BENEFITS. FOR ACCOUNTING 47 PURPOSES, THE BENEFIT PAYMENT PERIODS SHALL CONSIST OF A FULL CALENDAR 48 QUARTER COMMENCING ON JANUARY FIRST, APRIL FIRST, JULY FIRST, AND OCTO- 49 BER FIRST OF EACH YEAR, BUT THE FIRST PAYMENTS OF BENEFITS SHALL BE MADE 50 DURING THE MONTHS OF MARCH, JUNE, SEPTEMBER, AND DECEMBER. 51 (B) NO ACTIVE HUDSON RIVER PILOT SHALL COMMENCE RECEIVING BENEFITS 52 UNTIL A PROPERLY COMPLETED RESIGNATION AS AN ACTIVE PILOT SPECIFYING A 53 PROPOSED DATE OF RETIREMENT HAS BEEN SUBMITTED IN WRITING TO THE HUDSON 54 RIVER PILOTS EXECUTIVE COMMITTEE, OR SUCCESSOR THERETO, PRIOR TO NOVEM- 55 BER FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF THE 56 FOLLOWING JANUARY; PRIOR TO FEBRUARY FIRST, IF RETIREMENT IS TO BECOME S. 5782 7 1 EFFECTIVE ON THE FIRST DAY OF THE FOLLOWING APRIL; PRIOR TO MAY FIRST, 2 IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF THE FOLLOWING 3 JULY; AND, PRIOR TO AUGUST FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE 4 ON THE FIRST DAY OF THE FOLLOWING OCTOBER. 5 (C) FOR THE PURPOSE OF THE COMPUTATIONS DESCRIBED IN SUBDIVISION FIVE 6 OF THIS SECTION, SERVICE BY A PILOT OF MORE THAN SIX MONTHS OF SUCH 7 PILOT'S LAST CALENDAR YEAR AS AN ACTIVE PILOT SHALL BE CONSIDERED A FULL 8 CALENDAR YEAR. 9 (D) IF A RETIRED HUDSON RIVER PILOT DIES WITHOUT A SURVIVING SPOUSE, 10 THE BALANCE OF THE YEARLY PENSION BENEFIT FOR THE REMAINDER OF THE BENE- 11 FIT PAYMENT PERIOD SHALL BE PAID TO THE DECEASED PILOT'S ESTATE OR 12 DESIGNATED BENEFICIARY AFTER WHICH ALL RIGHTS TO BENEFITS SHALL BE 13 TERMINATED. 14 8. (A) THE ELIGIBLE SURVIVING SPOUSE OF A HUDSON RIVER PILOT DESCRIBED 15 IN SUBDIVISION FIVE OF THIS SECTION WHO DIES WHILE IN ACTIVE SERVICE 16 SHALL RECEIVE A YEARLY PENSION BENEFIT EQUAL TO FIFTY PERCENT OF THE 17 AMOUNT WHICH SUCH DECEASED PILOT WOULD HAVE RECEIVED UNDER SUBDIVISION 18 FIVE OF THIS SECTION HAD RETIREMENT IMMEDIATELY PRECEDED THE DATE OF 19 DEATH. 20 (B) WITH RESPECT TO HUDSON RIVER PILOTS DESCRIBED IN SUBDIVISION FIVE 21 OF THIS SECTION, THE ELIGIBLE SURVIVING SPOUSE OF A DECEASED RETIRED 22 HUDSON RIVER PILOT RECEIVING RETIREMENT BENEFITS ON THE DATE OF DEATH, 23 SHALL RECEIVE A YEARLY BENEFIT EQUAL TO THE DECEASED PILOT'S BENEFIT FOR 24 THE REMAINDER OF THE BENEFIT PAYMENT PERIOD IN WHICH DEATH OCCURRED, AND 25 THEREAFTER FIFTY PERCENT OF THE AMOUNT RECEIVED BY THE DECEASED PILOT ON 26 THE DATE OF DEATH. 27 (C) UPON THE DEATH OF THE ELIGIBLE SURVIVING SPOUSE OF A DECEASED 28 HUDSON RIVER PILOT WHO WAS RECEIVING BENEFITS, THE BALANCE OF THE YEARLY 29 PENSION BENEFIT FOR THE REMAINDER OF THE BENEFIT PAYMENT PERIOD SHALL BE 30 PAID TO THE DECEASED SURVIVING SPOUSE'S ESTATE OR DESIGNATED BENEFICIARY 31 AFTER WHICH ALL RIGHTS TO BENEFITS SHALL TERMINATE. 32 9. A "HUDSON RIVER PILOT" FOR THE PURPOSES OF THIS SECTION IS DEFINED 33 AS AN INDIVIDUAL HOLDING A LICENSE TO ACT AS HUDSON RIVER PILOT FOR THE 34 WATERS OF THE HUDSON RIVER NORTH OF A LINE RUNNING FROM THE FOOT OF MAIN 35 STREET IN YONKERS TO ALPINE, NEW JERSEY AND SOUTH OF THE DAM AT TROY, 36 ISSUED BY THE BOARD OF COMMISSIONERS OF PILOTS OF THE STATE OF NEW YORK. 37 A "RETIRED HUDSON RIVER PILOT" FOR THE PURPOSES OF THIS SECTION IS A 38 PILOT WHO RETIRED FROM ACTIVE SERVICE IN THE HUDSON RIVER PILOTS ASSOCI- 39 ATION. AN "ELIGIBLE SURVIVING SPOUSE" FOR THE PURPOSES OF THIS SECTION 40 IS DEFINED AS A SPOUSE OF A DECEASED PILOT MARRIED AT LEAST ONE YEAR 41 PRIOR TO THE DATE OF DEATH OF THE DECEASED PILOT. 42 S 5. This act shall take effect on the ninetieth day after it shall 43 have become a law.