A00857 Summary:

BILL NO    A00857A

SAME AS    SAME AS S03951

SPONSOR    Cahill (MS)

COSPNSR    

MLTSPNSR   Cusick

Amd S89-a, Nav L

Creates the Hudson River pilots surcharge board; provides that the board shall
determine the rate of surcharge to be applied and benefits provided to Hudson
River pilots; raises the time limit for when a second pilot shall be assigned
from eight to ten hours.
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A00857 Actions:

BILL NO    A00857A

01/07/2015 referred to transportation
02/17/2015 amend (t) and recommit to transportation
02/17/2015 print number 857a
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A00857 Votes:

There are no votes for this bill in this legislative session.
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A00857 Memo:

BILL NUMBER:A857A

TITLE OF BILL:

An act to amend the navigation law, in relation to the creation of a
Hudson River pilots surcharge board; and to amend the navigation law,
in relation to time restrictions on continuous pilotage on vessels
transiting the Hudson River

PURPOSE OR GENERAL IDEA OF BILL:

To establish a surcharge on vessels piloted by the Hudson River Pilots
for the purpose of creating a pension fund for retired Hudson River
Pilots.

SUMMARY OF SPECIFIC PROVISIONS:

Section two of the bill amends the Navigation Law S 89-a (4) (b) (1)
to add a new subdivision (ii) to establish a surcharge on every
foreign and American vessel under navigating the waters of the Hudson
River including Section 1 (Lower River - Yonkers to all ports through
Hyde Park) and Section 2 (Upper River - Yonkers to all ports beyond
Hyde Park through Albany or Troy). The charges will increase to a
stated amount every twelve months for four years.

Section three is amended to create a Hudson River pilots surcharge
board to determine the rate of the surcharge that will be levied in
addition to the base surcharge in order to fund the retirement
benefits for Hudson River pilots on a sound actuarial basis. The
additional surcharge will be raised to a set amount every twelve
months until sixty months have passed, at which point the Hudson River
pilots surcharge board will determine its amount using actuarial
principles and not allowing it to exceed 35 percent of the sum of base
pilotage charges or $5,000 in a calendar year. Retirement benefits
accumulating from the additional surcharge will pay a yearly
retirement benefit to currently active Hudson River pilots, retired
Hudson River pilots, and eligible surviving spouses of retired pilots.

JUSTIFICATION:

Currently, pensions of retired Hudson River Pilots are financed out of
annual revenues and determined by active pilot earnings. This current
pension system creates an unfunded pension liability. This legislation
is intended to correct the unfunded liability and replace it with an
actuarially sound system. Sandy Hook Pilots already have legislation
in place that has successfully accomplished a strengthening of their
pension system. With a shortage of pilots on the Hudson River, a
stronger pension may reward and encourage those who put the effort
into becoming pilots.

The current pilotage tariff will continue to cover all operational
expenses and distribution to active pilots. This till does not grant
an increase in earnings to active pilots. The legislation will
establish a pension surcharge to be determined by the Hudson River
pilots surcharge board. The surcharge will be monitored quarterly by
the Surcharge Board and adjusted as necessary to cover the pensions of
retired pilots.


PRIOR LEGISLATIVE HISTORY:

2013-2014: A.7912 - Referred to Transportation

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.
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A00857 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        857--A

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    January 7, 2015
                                      ___________

       Introduced  by  M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK
         -- read once and  referred  to  the  Committee  on  Transportation  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the navigation law, in relation to  the  creation  of  a
         Hudson  River pilots surcharge board; and to amend the navigation law,
         in relation to time restrictions on  continuous  pilotage  on  vessels
         transiting the Hudson River

         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.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04664-03-5
       A. 857--A                           2

    1  The following charges shall be applicable to Section 2, Upper River:
    2  Up to 50 pilotage units ....................................... $1406.05
    3  More than 50 and up to 100 pilotage units ..................... $1719.00
    4  A maximum charge of up to 500 pilotage units shall be applicable.
    5    (II) TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS CLAUSE THE FOLLOW-
    6  ING BASE PILOTAGE RATES SHALL BE APPLICABLE:
    7    ALL  VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.41 PER PILO-
    8  TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
    9  PARK.
   10  THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  1,
   11  LOWER RIVER:

   12  UP TO 50 PILOTAGE UNITS ........................................ $870.03
   13  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1241.00
   14  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS
   15  SHALL BE APPLICABLE.
   16  ALL  VESSELS  OF  100  PILOTAGE UNITS AND OVER SHALL PAY A BASE PILOTAGE
   17  RATE OF .......................................................... 17.53
   18  PER PILOTAGE UNIT FOR SECTION 2,
   19  UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE
   20  PARK THROUGH ALBANY OR TROY.
   21  THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  2,
   22  UPPER RIVER:
   23  UP TO 50 PILOTAGE UNITS ....................................... $1434.17
   24  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1753.00
   25  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
   26    (III)  TWENTY-FOUR  MONTHS AFTER THE EFFECTIVE DATE OF THIS CLAUSE THE
   27  FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE:
   28    ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.66 PER  PILO-
   29  TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
   30  PARK.
   31  THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 1,
   32  LOWER RIVER:

   33  UP TO 50 PILOTAGE UNITS ........................................ $887.43
   34  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1266.00
   35  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
   36  ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL  PAY  A  BASE  PILOTAGE
   37  RATE OF ......................................................... $17.88
   38  PER  PILOTAGE  UNIT  FOR  SECTION  2, UPPER RIVER; YONKERS, TO ALL PORTS
   39  BEYOND HYDE PARK THROUGH ALBANY OR TROY.
   40  THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  2,
   41  UPPER RIVER:
   42  UP TO 50 PILOTAGE UNITS ....................................... $1462.85
   43  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1788.00
   44  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
   45    (IV)  THIRTY-SIX  MONTHS  AFTER  THE EFFECTIVE DATE OF THIS CLAUSE THE
   46  FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE:
   47    ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $12.85 PER  PILO-
   48  TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
   49  PARK.
   50  THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 1,
   51  LOWER RIVER:
   52  UP TO 50 PILOTAGE UNITS ........................................ $900.74
   53  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1285.00
   54  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
       A. 857--A                           3

    1  ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL  PAY  A  BASE  PILOTAGE
    2  RATE OF ......................................................... $18.15
    3  PER  PILOTAGE  UNIT  FOR  SECTION  2, UPPER RIVER; YONKERS, TO ALL PORTS
    4  BEYOND HYDE PARK THROUGH ALBANY OR TROY.
    5  THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  2,
    6  UPPER RIVER:
    7  UP TO 50 PILOTAGE UNITS ....................................... $1484.48
    8  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1815.00
    9  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
   10    (V)  FORTY-EIGHT  MONTHS  AFTER  THE EFFECTIVE DATE OF THIS CLAUSE THE
   11  FOLLOWING BASE PILOTAGE RATES SHALL BE APPLICABLE:
   12    ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL PAY $13.07 PER  PILO-
   13  TAGE UNIT FOR SECTION 1, LOWER RIVER; YONKERS, TO ALL PORTS THROUGH HYDE
   14  PARK.
   15  THE  FOLLOWING  BASE  PILOTAGE  RATES  SHALL BE APPLICABLE TO SECTION 1,
   16  LOWER RIVER:
   17  UP TO 50 PILOTAGE UNITS ........................................ $914.25
   18  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1307.00
   19  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
   20  ALL VESSELS OF 100 PILOTAGE UNITS AND OVER SHALL  PAY  A  BASE  PILOTAGE
   21  RATE OF ......................................................... $18.42
   22  PER  PILOTAGE  UNIT  FOR  SECTION  2, UPPER RIVER; YONKERS, TO ALL PORTS
   23  BEYOND HYDE PARK THROUGH ALBANY OR TROY.
   24  THE FOLLOWING BASE PILOTAGE RATES SHALL  BE  APPLICABLE  TO  SECTION  2,
   25  UPPER RIVER:
   26  UP TO 50 PILOTAGE UNITS ....................................... $1507.07
   27  MORE THAN 50 AND UP TO 100 PILOTAGE UNITS ..................... $1842.00
   28  A MAXIMUM CHARGE OF UP TO 500 PILOTAGE UNITS SHALL BE APPLICABLE.
   29    S  3. Paragraph (b) of subdivision 4 of section 89-a of the navigation
   30  law is amended by adding two new subparagraphs 1-b and 1-c  to  read  as
   31  follows:
   32    (1-B)  THERE  IS  HEREBY CREATED A HUDSON RIVER PILOTS SURCHARGE BOARD
   33  WHICH SHALL DETERMINE THE RATE OF THE SURCHARGE PROVIDED IN SUBPARAGRAPH
   34  ONE-C OF THIS PARAGRAPH. THE SURCHARGE BOARD SHALL DETERMINE ELIGIBILITY
   35  FOR BENEFITS PURSUANT TO SUBDIVISIONS FIVE AND EIGHT OF THIS SECTION.
   36    THE HUDSON RIVER PILOTS SURCHARGE BOARD SHALL CONSIST OF  TWO  MEMBERS
   37  AS FOLLOWS: THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF PILOTS OF THE
   38  STATE  OF NEW YORK, OR HIS OR HER DESIGNEE FROM THE BOARD OF COMMISSION-
   39  ERS, AND THE PRESIDENT OF THE HUDSON RIVER PILOTS ASSOCIATION, OR HIS OR
   40  HER DESIGNEE WHO MUST BE A MEMBER OF SUCH ASSOCIATION. IN THE EVENT  THE
   41  TWO  MEMBERS  CANNOT  REACH  A  DECISION  ON THE SURCHARGE RATE, A THIRD
   42  MEMBER SHALL BE APPOINTED BY THE TWO MEMBERS FROM A  LIST  SUBMITTED  BY
   43  THE  AMERICAN ARBITRATION ASSOCIATION FROM ITS LISTS OF COMMERCIAL ARBI-
   44  TRATORS. IF, AFTER SUBMISSION OF SUCH A LIST, THE  TWO  MEMBERS  OF  THE
   45  BOARD  FAIL  TO AGREE UPON A SINGLE ARBITRATOR AS THE THIRD MEMBER, THEN
   46  THE AMERICAN ARBITRATION ASSOCIATION SHALL BE AUTHORIZED TO  SELECT  AND
   47  SUBMIT  THE  NAME OF THE THIRD MEMBER FOR APPOINTMENT. SUCH THIRD MEMBER
   48  SHALL BE APPOINTED WITHIN TEN DAYS OF A DEADLOCKED VOTE  OF  THE  HUDSON
   49  RIVER PILOTS SURCHARGE BOARD. SUCH MEMBERS SHALL VOTE AT MEETINGS CALLED
   50  UPON  WRITTEN  NOTICE MAILED SEVEN CALENDAR DAYS IN ADVANCE OF THE MEET-
   51  ING, TO DETERMINE THE RATE OF SURCHARGE, ASSISTED AS NECESSARY BY QUALI-
   52  FIED ACTUARIES OR ACCOUNTANTS, AUTHORIZED IN CLAUSE (I) OF  SUBPARAGRAPH
   53  ONE-C  OF THIS PARAGRAPH DURING EACH CALENDAR QUARTER IN TIME SUFFICIENT
   54  FOR SUCH SURCHARGE TO BE IN EFFECT ON THE FOLLOWING JANUARY FIRST, APRIL
   55  FIRST, JULY FIRST, AND OCTOBER FIRST OF EACH YEAR.   WRITTEN  NOTICE  OF
   56  MEETINGS  MAY  BE  WAIVED IF DONE SO WITH UNANIMOUS CONSENT OF ALL BOARD
       A. 857--A                           4

    1  MEMBERS. MEMBERS OF THE HUDSON RIVER PILOTS  SURCHARGE  BOARD  SHALL  BE
    2  SUBJECT TO SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
    3    (1-C) (I) IN ADDITION TO THE BASE PILOTAGE CHARGE SET FORTH IN SUBPAR-
    4  AGRAPH ONE OF THIS PARAGRAPH, THERE IS HEREBY ESTABLISHED A SURCHARGE ON
    5  EVERY FOREIGN VESSEL AND EVERY AMERICAN VESSEL UNDER REGISTER NAVIGATING
    6  THAT  PORTION  OF  THE  HUDSON  RIVER  SPECIFIED  IN  THIS SECTION. SUCH
    7  SURCHARGE, AS DETERMINED QUARTERLY BY THE HUDSON RIVER PILOTS  SURCHARGE
    8  BOARD,  SHALL  BE IMPOSED FOR THE EXCLUSIVE PURPOSE OF THE FUNDING, ON A
    9  SOUND ACTUARIAL BASIS, THE RETIREMENT BENEFITS FOR HUDSON RIVER  PILOTS,
   10  DESCRIBED IN CLAUSE (II) OF THIS SUBPARAGRAPH.
   11    (II)  THE  AMOUNT  OF  THE  SURCHARGE  DESCRIBED IN CLAUSE (I) OF THIS
   12  SUBPARAGRAPH SHALL BE COMPUTED AS FOLLOWS:

   13  PILOTAGE UNITS       SURCHARGE
   14  0 TO 50              $113.00
   15  51 TO 100            $138.00
   16  OVER 100             $1.38 PER PILOT UNIT

   17  DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARA-
   18  GRAPH.
   19    THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF  THIS  SUBPARA-
   20  GRAPH SHALL BE COMPUTED AS FOLLOWS:

   21  PILOTAGE UNITS       SURCHARGE
   22  0 TO 50              $170.00
   23  51 TO 100            $207.00
   24  OVER 100             $2.07 PER PILOT UNIT

   25  DURING  THE  PERIOD  BEGINNING WITH THE THIRTEENTH MONTH AND ENDING WITH
   26  THE TWENTY-FOURTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
   27    THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF  THIS  SUBPARA-
   28  GRAPH SHALL BE COMPUTED AS FOLLOWS:

   29  PILOTAGE UNITS       SURCHARGE
   30  0 TO 50              $213.00
   31  51 TO 100            $260.00
   32  OVER 100             $2.60 PER PILOT UNIT

   33  DURING  THE PERIOD BEGINNING WITH THE TWENTY-FIFTH MONTH AND ENDING WITH
   34  THE THIRTY-SIXTH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
   35    THE AMOUNT OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF  THIS  SUBPARA-
   36  GRAPH SHALL BE COMPUTED AS FOLLOWS:
   37  PILOTAGE UNITS      SURCHARGE
   38  0-50                $250.00
   39  51-100              $305.00
   40  OVER 100            $  3.05 PER PILOT UNIT
   41  DURING  THE  PERIOD  BEGINNING  WITH THE THIRTY-SEVENTH MONTH AND ENDING
   42  WITH THE FORTY-EIGHTH MONTH AFTER THE EFFECTIVE DATE  OF  THIS  SUBPARA-
   43  GRAPH.
   44    THE  AMOUNT  OF THE SURCHARGE DESCRIBED IN CLAUSE (I) OF THIS SUBPARA-
   45  GRAPH SHALL BE COMPUTED AS FOLLOWS:
   46  PILOTAGE UNITS      SURCHARGE
   47  0-50                $280.00
   48  51-100              $341.00
   49  OVER 100            $  3.41 PER PILOT UNIT
       A. 857--A                           5

    1  DURING THE PERIOD BEGINNING WITH THE FORTY-NINTH MONTH AND  ENDING  WITH
    2  THE SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
    3    (III)  FOLLOWING  THE  SIXTIETH MONTH AFTER THE EFFECTIVE DATE OF THIS
    4  SUBPARAGRAPH, THE AMOUNT OF THE SURCHARGE AS DETERMINED BY THE SURCHARGE
    5  BOARD SHALL NOT EXCEED THE GREATER OF THIRTY-FIVE PERCENT OF THE SUM  OF
    6  THE  BASE  PILOTAGE  CHARGES SET FORTH IN SUBPARAGRAPH ONE OF THIS PARA-
    7  GRAPH FOR SECTION 2, UPPER RIVER; YONKERS, TO ALL PORTS BEYOND HYDE PARK
    8  THROUGH ALBANY OR TROY, AS AMENDED; OR FIVE HUNDRED THOUSAND DOLLARS  IN
    9  ANY CALENDAR YEAR.
   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
       A. 857--A                           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 SHALL RECEIVE AN ANNUAL RETIREMENT BENEFIT IN THE
   39  AMOUNT OF EIGHTY-FOUR THOUSAND SIX HUNDRED DOLLARS.
   40    7. (A) A HUDSON RIVER PILOT ELIGIBLE FOR BENEFITS SET FORTH IN  SUBDI-
   41  VISION  FIVE  OF  THIS  SECTION,  WHO  RETIRES, SHALL NOT BE ENTITLED TO
   42  COMMENCE RECEIVING  BENEFITS  UNTIL  THE  COMMENCEMENT  OF  THE  BENEFIT
   43  PAYMENT  PERIOD  NEXT  FOLLOWING THE DATE ON WHICH SUCH PILOT RETIRED OR
   44  BECAME ELIGIBLE  FOR  DISABILITY  RETIREMENT  BENEFITS.  FOR  ACCOUNTING
   45  PURPOSES,  THE  BENEFIT PAYMENT PERIODS SHALL CONSIST OF A FULL CALENDAR
   46  QUARTER COMMENCING ON JANUARY FIRST, APRIL FIRST, JULY FIRST, AND  OCTO-
   47  BER FIRST OF EACH YEAR, BUT THE FIRST PAYMENTS OF BENEFITS SHALL BE MADE
   48  DURING THE MONTHS OF MARCH, JUNE, SEPTEMBER, AND DECEMBER.
   49    (B)  NO  ACTIVE  HUDSON  RIVER PILOT SHALL COMMENCE RECEIVING BENEFITS
   50  UNTIL A PROPERLY COMPLETED RESIGNATION AS AN ACTIVE PILOT  SPECIFYING  A
   51  PROPOSED  DATE OF RETIREMENT HAS BEEN SUBMITTED IN WRITING TO THE HUDSON
   52  RIVER PILOTS EXECUTIVE COMMITTEE, OR SUCCESSOR THERETO, PRIOR TO  NOVEM-
   53  BER  FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF THE
   54  FOLLOWING JANUARY; PRIOR TO FEBRUARY FIRST, IF RETIREMENT IS  TO  BECOME
   55  EFFECTIVE  ON  THE FIRST DAY OF THE FOLLOWING APRIL; PRIOR TO MAY FIRST,
   56  IF RETIREMENT IS TO BECOME EFFECTIVE ON THE FIRST DAY OF  THE  FOLLOWING
       A. 857--A                           7

    1  JULY;  AND,  PRIOR TO AUGUST FIRST, IF RETIREMENT IS TO BECOME EFFECTIVE
    2  ON THE FIRST DAY OF THE FOLLOWING OCTOBER.
    3    (C)  FOR THE PURPOSE OF THE COMPUTATIONS DESCRIBED IN SUBDIVISION FIVE
    4  OF THIS SECTION, SERVICE BY A PILOT OF MORE  THAN  SIX  MONTHS  OF  SUCH
    5  PILOT'S LAST CALENDAR YEAR AS AN ACTIVE PILOT SHALL BE CONSIDERED A FULL
    6  CALENDAR YEAR.
    7    (D)  IF  A RETIRED HUDSON RIVER PILOT DIES WITHOUT A SURVIVING SPOUSE,
    8  THE BALANCE OF THE YEARLY PENSION BENEFIT FOR THE REMAINDER OF THE BENE-
    9  FIT PAYMENT PERIOD SHALL BE PAID  TO  THE  DECEASED  PILOT'S  ESTATE  OR
   10  DESIGNATED  BENEFICIARY  AFTER  WHICH  ALL  RIGHTS  TO BENEFITS SHALL BE
   11  TERMINATED.
   12    8. (A) THE ELIGIBLE SURVIVING SPOUSE OF A HUDSON RIVER PILOT DESCRIBED
   13  IN SUBDIVISION FIVE OF THIS SECTION WHO DIES  WHILE  IN  ACTIVE  SERVICE
   14  SHALL  RECEIVE  A  YEARLY  PENSION BENEFIT EQUAL TO FIFTY PERCENT OF THE
   15  AMOUNT WHICH SUCH DECEASED PILOT WOULD HAVE RECEIVED  UNDER  SUBDIVISION
   16  FIVE  OF  THIS  SECTION  HAD RETIREMENT IMMEDIATELY PRECEDED THE DATE OF
   17  DEATH.
   18    (B) WITH RESPECT TO HUDSON RIVER PILOTS DESCRIBED IN SUBDIVISION  FIVE
   19  OF  THIS  SECTION,  THE  ELIGIBLE SURVIVING SPOUSE OF A DECEASED RETIRED
   20  HUDSON RIVER PILOT RECEIVING RETIREMENT BENEFITS ON THE DATE  OF  DEATH,
   21  SHALL RECEIVE A YEARLY BENEFIT EQUAL TO THE DECEASED PILOT'S BENEFIT FOR
   22  THE REMAINDER OF THE BENEFIT PAYMENT PERIOD IN WHICH DEATH OCCURRED, AND
   23  THEREAFTER FIFTY PERCENT OF THE AMOUNT RECEIVED BY THE DECEASED PILOT ON
   24  THE DATE OF DEATH.
   25    (C)  UPON  THE  DEATH  OF  THE ELIGIBLE SURVIVING SPOUSE OF A DECEASED
   26  HUDSON RIVER PILOT WHO WAS RECEIVING BENEFITS, THE BALANCE OF THE YEARLY
   27  PENSION BENEFIT FOR THE REMAINDER OF THE BENEFIT PAYMENT PERIOD SHALL BE
   28  PAID TO THE DECEASED SURVIVING SPOUSE'S ESTATE OR DESIGNATED BENEFICIARY
   29  AFTER WHICH ALL RIGHTS TO BENEFITS SHALL TERMINATE.
   30    9. A "HUDSON RIVER PILOT" FOR THE PURPOSES OF THIS SECTION IS  DEFINED
   31  AS  AN INDIVIDUAL HOLDING A LICENSE TO ACT AS HUDSON RIVER PILOT FOR THE
   32  WATERS OF THE HUDSON RIVER NORTH OF A LINE RUNNING FROM THE FOOT OF MAIN
   33  STREET IN YONKERS TO ALPINE, NEW JERSEY AND SOUTH OF THE  DAM  AT  TROY,
   34  ISSUED BY THE BOARD OF COMMISSIONERS OF PILOTS OF THE STATE OF NEW YORK.
   35  A  "RETIRED  HUDSON  RIVER  PILOT" FOR THE PURPOSES OF THIS SECTION IS A
   36  PILOT WHO RETIRED FROM ACTIVE SERVICE IN THE HUDSON RIVER PILOTS ASSOCI-
   37  ATION.  AN "ELIGIBLE SURVIVING SPOUSE" FOR THE PURPOSES OF THIS  SECTION
   38  IS  DEFINED  AS  A  SPOUSE OF A DECEASED PILOT MARRIED AT LEAST ONE YEAR
   39  PRIOR TO THE DATE OF DEATH OF THE DECEASED PILOT.
   40    S 5. Subparagraph 1-a of paragraph (b) of  subdivision  4  of  section
   41  89-a  of  the  navigation  law, as amended by chapter 482 of the laws of
   42  2003, is amended to read as follows:
   43    (1-a) All vessels shall pay an additional launch fee and communication
   44  fee. The launch fee shall be set by the board of commissioners of pilots
   45  to recoup the cost of operating a pilot  launch  and  pilot  station  at
   46  Yonkers.  The communication fee shall be set by the board of commission-
   47  ers of pilots to recoup the cost of  portable  electronic  communication
   48  and navigation equipment carried aboard the vessel by the pilot.
   49    All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde
   50  Park  through  Albany or Troy shall pay a mid-river launch fee. The mid-
   51  river launch fee shall be set by the board of commissioners of pilots to
   52  recoup the cost of operating a pilot launch and pilot station at  Norrie
   53  Point.
   54    The  launch  fee, communication fee, and mid-river launch fee shall be
   55  reviewed annually by the board of commissioners of pilots  on  or  about
   56  the anniversary date upon which this section shall have become a law.
       A. 857--A                           8

    1    In  the event a vessel transiting the Hudson River [requires a contin-
    2  uous pilotage of more than eight] CAN REASONABLY BE EXPECTED TO  REQUIRE
    3  A  CONTINUOUS  PILOTAGE  OF APPROXIMATELY TEN hours, two pilots shall be
    4  assigned at the beginning of such transit, and  the  fee  shall  be  the
    5  regular  pilotage  fee  plus fifty percent for the second pilot. The fee
    6  for the second pilot shall not apply when the first pilot is  discharged
    7  at  the mid-river pilot station and relieved at such station by a second
    8  pilot. [A second pilot shall not be required when the vessel anchors for
    9  a minimum of eight hours such  that  the  transit  does  not  require  a
   10  continuous pilotage of more than eight hours by one pilot.]
   11    S  6.  This  act shall take effect on the ninetieth day after it shall
   12  have become a law.
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