A00857 Summary:

BILL NOA00857B
 
SAME ASSAME AS S03951-B
 
SPONSORCahill
 
COSPNSR
 
MLTSPNSRCusick
 
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.
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A00857 Actions:

BILL NOA00857B
 
01/07/2015referred to transportation
02/17/2015amend (t) and recommit to transportation
02/17/2015print number 857a
06/11/2015amend and recommit to transportation
06/11/2015print number 857b
06/17/2015reported referred to ways and means
06/17/2015reported referred to rules
06/18/2015reported
06/18/2015rules report cal.637
06/18/2015substituted by s3951b
 S03951 AMEND=B LARKIN
 02/24/2015REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
 05/20/20151ST REPORT CAL.855
 05/27/20152ND REPORT CAL.
 05/28/2015AMENDED 3951A
 05/28/2015ADVANCED TO THIRD READING
 06/15/2015AMENDED ON THIRD READING 3951B
 06/18/2015PASSED SENATE
 06/18/2015DELIVERED TO ASSEMBLY
 06/18/2015referred to ways and means
 06/18/2015substituted for a857b
 06/18/2015ordered to third reading rules cal.637
 06/18/2015passed assembly
 06/18/2015returned to senate
 11/10/2015DELIVERED TO GOVERNOR
 11/20/2015SIGNED CHAP.478
 11/20/2015APPROVAL MEMO.11
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A00857 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A857B
 
SPONSOR: Cahill (MS)
  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 transit- ing 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 Hudson River Pilots.   SUMMARY OF SPECIFIC PROVISIONS: Section two of the bill amends the Navigation Law § 89-a (1) (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 includ- ing 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 Hudson River Pilots and eligible surviving spouses.   JUSTIFICATION: Currently, pensions of Hudson River Pilots are financed out of annual revenues and determined by 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 pilots. This still does not grant an increase in earnings to 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 Hudson River 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         857--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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 -- again reported  from  said  committee
          with  amendments, 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    § 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04664-09-5

        A. 857--B                           2
 
     1  per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports
     2  beyond Hyde Park through Albany or Troy.
 
     3  The following charges shall be applicable to Section 2, Upper River:
     4  Up to 50 pilotage units ....................................... $1406.05
     5  More than 50 and up to 100 pilotage units ..................... $1719.00
     6  A maximum charge of up to 500 pilotage units shall be applicable.
     7    (ii) Twelve months after the effective date of this clause the follow-
     8  ing base pilotage rates shall be applicable:
     9    All  vessels of 100 pilotage units and over shall pay $12.41 per pilo-
    10  tage unit for Section 1, Lower River; Yonkers, to all ports through Hyde
    11  Park.
    12  The following base pilotage rates shall  be  applicable  to  Section  1,
    13  Lower River:
 
    14  Up to 50 pilotage units ........................................ $870.03
    15  More than 50 and up to 100 pilotage units ..................... $1241.00
    16  A maximum charge of up to 500 pilotage units
    17  shall be applicable.
    18  All  vessels  of  100  pilotage units and over shall pay a base pilotage
    19  rate of .......................................................... 17.53
    20  per pilotage unit for Section 2,
    21  Upper River; Yonkers, to all ports beyond Hyde
    22  Park through Albany or Troy.
    23  The following base pilotage rates shall  be  applicable  to  Section  2,
    24  Upper River:
    25  Up to 50 pilotage units ....................................... $1434.17
    26  More than 50 and up to 100 pilotage units ..................... $1753.00
    27  A maximum charge of up to 500 pilotage units shall be applicable.
    28    (iii)  Twenty-four  months after the effective date of this clause the
    29  following base pilotage rates shall be applicable:
    30    All vessels of 100 pilotage units and over shall pay $12.66 per  pilo-
    31  tage unit for Section 1, Lower River; Yonkers, to all ports through Hyde
    32  Park.
    33  The  following  base  pilotage  rates  shall be applicable to Section 1,
    34  Lower River:
 
    35  Up to 50 pilotage units ........................................ $887.43
    36  More than 50 and up to 100 pilotage units ..................... $1266.00
    37  A maximum charge of up to 500 pilotage units shall be applicable.
    38  All vessels of 100 pilotage units and over shall  pay  a  base  pilotage
    39  rate of ......................................................... $17.88
    40  per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports
    41  beyond Hyde Park through Albany or Troy.
    42  The following base pilotage rates shall  be  applicable  to  Section  2,
    43  Upper River:
    44  Up to 50 pilotage units ....................................... $1462.85
    45  More than 50 and up to 100 pilotage units ..................... $1788.00
    46  A maximum charge of up to 500 pilotage units shall be applicable.
    47    (iv)  Thirty-six  months  after  the effective date of this clause the
    48  following base pilotage rates shall be applicable:
    49    All vessels of 100 pilotage units and over shall pay $12.85 per  pilo-
    50  tage unit for Section 1, Lower River; Yonkers, to all ports through Hyde
    51  Park.
    52  The  following  base  pilotage  rates  shall be applicable to Section 1,
    53  Lower River:

        A. 857--B                           3
 
     1  Up to 50 pilotage units ........................................ $900.74
     2  More than 50 and up to 100 pilotage units ..................... $1285.00
     3  A maximum charge of up to 500 pilotage units shall be applicable.
     4  All  vessels  of  100  pilotage units and over shall pay a base pilotage
     5  rate of ......................................................... $18.15
     6  per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
     7  beyond Hyde Park through Albany or Troy.
     8  The  following  base  pilotage  rates  shall be applicable to Section 2,
     9  Upper River:
    10  Up to 50 pilotage units ....................................... $1484.48
    11  More than 50 and up to 100 pilotage units ..................... $1815.00
    12  A maximum charge of up to 500 pilotage units shall be applicable.
    13    (v) Forty-eight months after the effective date  of  this  clause  the
    14  following base pilotage rates shall be applicable:
    15    All  vessels of 100 pilotage units and over shall pay $13.07 per pilo-
    16  tage unit for Section 1, Lower River; Yonkers, to all ports through Hyde
    17  Park.
    18  The following base pilotage rates shall  be  applicable  to  Section  1,
    19  Lower River:
    20  Up to 50 pilotage units ........................................ $914.25
    21  More than 50 and up to 100 pilotage units ..................... $1307.00
    22  A maximum charge of up to 500 pilotage units shall be applicable.
    23  All  vessels  of  100  pilotage units and over shall pay a base pilotage
    24  rate of ......................................................... $18.42
    25  per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
    26  beyond Hyde Park through Albany or Troy.
    27  The  following  base  pilotage  rates  shall be applicable to Section 2,
    28  Upper River:
    29  Up to 50 pilotage units ....................................... $1507.07
    30  More than 50 and up to 100 pilotage units ..................... $1842.00
    31  A maximum charge of up to 500 pilotage units shall be applicable.
    32    § 3. Paragraph (b) of subdivision 4 of section 89-a of the  navigation
    33  law  is  amended  by adding two new subparagraphs 1-b and 1-c to read as
    34  follows:
    35    (1-b) There is hereby created a Hudson River  pilots  surcharge  board
    36  which shall determine the rate of the surcharge provided in subparagraph
    37  one-c of this paragraph. The surcharge board shall determine eligibility
    38  for benefits pursuant to subdivisions five and eight of this section.
    39    The  Hudson  River pilots surcharge board shall consist of two members
    40  as follows: the president of the board of commissioners of pilots of the
    41  state of New York, or his or her designee from the board of  commission-
    42  ers, and the president of the Hudson River pilots association, or his or
    43  her  designee who must be a member of such association. In the event the
    44  two members cannot reach a decision  on  the  surcharge  rate,  a  third
    45  member  shall  be  appointed by the two members from a list submitted by
    46  the Society of Maritime Arbitrators from its lists of  commercial  arbi-
    47  trators.  If,  after  submission  of such a list, the two members of the
    48  board fail to agree upon a single arbitrator as the third  member,  then
    49  the  Society  of  Maritime Arbitrators shall be authorized to select and
    50  submit the name of the third member for appointment. Such  third  member
    51  shall  be  appointed  within ten days of a deadlocked vote of the Hudson
    52  River pilots surcharge board. Such members shall vote at meetings called
    53  upon written notice mailed seven calendar days in advance of  the  meet-
    54  ing, to determine the rate of surcharge, assisted as necessary by quali-
    55  fied  actuaries or accountants, authorized in clause (i) of subparagraph
    56  one-c of this paragraph during each calendar quarter in time  sufficient

        A. 857--B                           4
 
     1  for such surcharge to be in effect on the following January first, April
     2  first,  July  first,  and October first of each year.  Written notice of
     3  meetings may be waived if done so with unanimous consent  of  all  board
     4  members.  Members  of  the  Hudson River pilots surcharge board shall be
     5  subject to section seventeen of the public officers law.
     6    (1-c) (i) In addition to the base pilotage charge set forth in subpar-
     7  agraph one of this paragraph, there is hereby established a surcharge on
     8  every foreign vessel and every American vessel under register navigating
     9  that portion of  the  Hudson  River  specified  in  this  section.  Such
    10  surcharge,  as determined quarterly by the Hudson River pilots surcharge
    11  board, shall be imposed for the exclusive purpose of the funding,  on  a
    12  sound  actuarial basis, the retirement benefits for Hudson River pilots,
    13  described in clause (ii) of this subparagraph.
    14    (ii) The amount of the surcharge  described  in  clause  (i)  of  this
    15  subparagraph shall be computed as follows:
 
    16  PILOTAGE UNITS       SURCHARGE
    17  0 to 50              $113.00
    18  51 to 100            $138.00
    19  over 100             $1.38 per pilot unit
 
    20  during the first twelve months after the effective date of this subpara-
    21  graph.
    22    The  amount  of the surcharge described in clause (i) of this subpara-
    23  graph shall be computed as follows:
 
    24  PILOTAGE UNITS       SURCHARGE
    25  0 to 50              $170.00
    26  51 to 100            $207.00
    27  over 100             $2.07 per pilot unit
 
    28  during the period beginning with the thirteenth month  and  ending  with
    29  the twenty-fourth month after the effective date of this subparagraph.
    30    The  amount  of the surcharge described in clause (i) of this subpara-
    31  graph shall be computed as follows:
 
    32  PILOTAGE UNITS       SURCHARGE
    33  0 to 50              $213.00
    34  51 to 100            $260.00
    35  over 100             $2.60 per pilot unit
 
    36  during the period beginning with the twenty-fifth month and ending  with
    37  the thirty-sixth month after the effective date of this subparagraph.
    38    The  amount  of the surcharge described in clause (i) of this subpara-
    39  graph shall be computed as follows:
    40  Pilotage units      surcharge
    41  0-50                $250.00
    42  51-100              $305.00
    43  Over 100            $  3.05 per pilot unit
    44  during the period beginning with the  thirty-seventh  month  and  ending
    45  with  the  forty-eighth  month after the effective date of this subpara-
    46  graph.
    47    The amount of the surcharge described in clause (i) of  this  subpara-
    48  graph shall be computed as follows:
    49  Pilotage units      surcharge
    50  0-50                $280.00

        A. 857--B                           5
 
     1  51-100              $341.00
     2  Over 100            $  3.41 per pilot unit
     3  during  the  period beginning with the forty-ninth month and ending with
     4  the sixtieth month after the effective date of this subparagraph.
     5    (iii) Following the sixtieth month after the effective  date  of  this
     6  subparagraph, the amount of the surcharge as determined by the surcharge
     7  board  shall not exceed the greater of thirty-five percent of the sum of
     8  the base pilotage charges collected pursuant to the rate  set  forth  in
     9  this  subparagraph  for  Section  2,  Upper River; Yonkers, to all ports
    10  beyond Hyde Park through Albany or Troy, as  amended,  or  five  hundred
    11  thousand dollars, in any calendar year.
    12    (iv)  The  scale of charges set forth in this subparagraph is deemed a
    13  pilotage fee and shall be subject to the provisions of  section  ninety-
    14  five of this article.
    15    (v)  (A)  The  proceeds  of the surcharge provided for in this section
    16  shall be deposited in an account maintained by the Hudson  River  pilots
    17  association for the benefit of Hudson River pilots eligible for benefits
    18  as provided in this clause, from which account all such benefits and the
    19  reasonable expenses for administration thereof shall be paid. The monies
    20  on  deposit  in  such  account  shall  be  referred  to hereafter as the
    21  "retirement assets". All retirement assets shall be used exclusively  to
    22  pay a yearly target retirement benefit to (I) Hudson River pilots active
    23  on  the  date  pilotage rates are computed pursuant to this subparagraph
    24  and thereafter, upon retirement on or  after  the  age  of  sixty;  (II)
    25  retired Hudson River pilots or Hudson River pilots receiving benefits on
    26  the  effective  date  of  this  section; and (III) to eligible surviving
    27  spouses of retired pilots.
    28    (B) Hudson River pilots who are also Sandy  Hook  pilots  eligible  to
    29  receive a full branch retirement benefit under item (B) of subclause one
    30  of  clause (ii) of subparagraph one of paragraph (b) of subdivision four
    31  of section eighty-eight of this article shall be excluded from receiving
    32  any benefits specified in subdivision five of this section.
    33    (C) No individual other than those specified in subclause (A) of  this
    34  clause  shall  be  eligible  for  benefits  pursuant  to  the  surcharge
    35  described in clause (i) of this subparagraph without the approval of the
    36  Hudson River pilots surcharge board.
    37    (D) The funds generated by the surcharge imposed by clause (i) of this
    38  subparagraph shall be administered by the  executive  committee  of  the
    39  Hudson  River  pilots association, or any successors thereto.  Any funds
    40  generated by the surcharge imposed by clause (i)  of  this  subparagraph
    41  which  exceed  the  funds  deemed sufficient to provide the benefits set
    42  forth in items (I) and (III) of subclause (A) of this  clause  shall  be
    43  used to defray the retirement benefits set forth in this subclause.
    44    (E)  The  surcharges pursuant to clause (i) of this subparagraph shall
    45  be collected by the agent of the Hudson River  pilots.  Funds  generated
    46  for  these  purposes shall be audited annually by the surcharge board to
    47  ensure proper funding for the purposes set forth in clause (i)  of  this
    48  subparagraph.
    49    §  4. Section 89-a of the navigation law is amended by adding five new
    50  subdivisions 5, 6, 7, 8 and 9 to read as follows:
    51    5. Each Hudson River pilot who entered service after two thousand five
    52  as a Hudson River pilot shall participate in such  qualified  retirement
    53  program  as adopted by each such pilot and funded by such portion of the
    54  surcharge allocated thereto by the surcharge board to provide a contrib-
    55  ution of an amount equivalent to twelve percent  of  the  earnings  from
    56  service  as  an  active  Hudson River pilot based upon the base pilotage

        A. 857--B                           6
 
     1  tariffs set forth in subparagraph one-c of paragraph (b) of  subdivision
     2  four  of this section.  Such amount shall be transferred directly by the
     3  agent to such pilot's retirement account, it being understood that  such
     4  pilot's entire retirement benefit will be provided solely by the account
     5  balance  of  such retirement account on the date of retirement. In addi-
     6  tion, such surcharge shall be  used  to  purchase  life  and  disability
     7  insurance coverage from an insurance company selected by the board. Such
     8  disability  insurance  shall  provide a disability benefit computed as a
     9  single life annuity, equal to fifty percent of the amount which is equal
    10  to such pilot's earnings from service as an active  Hudson  River  pilot
    11  based  upon the base pilotage tariffs set forth in subparagraph one-c of
    12  paragraph (b) of subdivision four of this section during the  last  full
    13  calendar  year of service as an active Hudson River pilot prior to disa-
    14  bility, until the age of sixty. In the event such  disability  insurance
    15  is  unavailable,  each  such pilot eligible for sick retirement benefits
    16  shall receive, a yearly benefit computed as a single life annuity  equal
    17  to  the  sum of ten percent of the amount which is equal to the earnings
    18  from service as an active Hudson River pilot  based  upon  the  pilotage
    19  tariffs  set forth in subparagraph one-c of paragraph (b) of subdivision
    20  four of this section during the last full calendar year of service as an
    21  active Hudson River pilot prior to disability  and  one  and  six-tenths
    22  percent  for  each  year of service after the first year to a maximum of
    23  fifty percent of the amount which is equal to the earnings from  service
    24  as an active Hudson River pilot based upon the base pilotage tariffs set
    25  forth in subparagraph one-c of paragraph (b) of subdivision four of this
    26  section  during  the  last  full  calendar  year of service as an active
    27  Hudson River pilot prior to disability, until the age of sixty.
    28    6. Hudson River  pilots  who  retired  before  nineteen  eighty  shall
    29  receive  an annual retirement benefit in the amount of thirty-four thou-
    30  sand nine hundred ninety-five dollars; those who retired  from  nineteen
    31  eighty-one  through  nineteen  ninety shall receive an annual retirement
    32  benefit in the amount of thirty-nine thousand nine  hundred  ninety-five
    33  dollars;  those who retired from nineteen hundred ninety-one through two
    34  thousand shall receive an annual retirement benefit  in  the  amount  of
    35  forty-four  thousand nine hundred ninety-four dollars; those who retired
    36  in two thousand one shall receive an annual retirement  benefit  in  the
    37  amount  of  fifty-eight  thousand four hundred ninety-two dollars; those
    38  who retired in two thousand eight shall  receive  an  annual  retirement
    39  benefit  in  the  amount  of fifty-nine thousand nine hundred ninety-two
    40  dollars; those who retired in two thousand ten shall receive  an  annual
    41  retirement  benefit  in  the  amount of forty-nine thousand nine hundred
    42  ninety-three dollars; an active Hudson River pilot  who  retires  before
    43  two  thousand  sixteen shall receive an annual retirement benefit in the
    44  amount of eighty-four thousand six hundred dollars.
    45    7. (a) A Hudson River pilot eligible for benefits set forth in  subdi-
    46  vision  five  of  this  section,  who  retires, shall not be entitled to
    47  commence receiving  benefits  until  the  commencement  of  the  benefit
    48  payment  period  next  following the date on which such pilot retired or
    49  became eligible  for  disability  retirement  benefits.  For  accounting
    50  purposes,  the  benefit payment periods shall consist of a full calendar
    51  quarter commencing on January first, April first, July first, and  Octo-
    52  ber first of each year, but the first payments of benefits shall be made
    53  during the months of March, June, September, and December.
    54    (b)  No  active  Hudson  River pilot shall commence receiving benefits
    55  until a properly completed resignation as an active pilot  specifying  a
    56  proposed  date of retirement has been submitted in writing to the Hudson

        A. 857--B                           7
 
     1  River pilots executive committee, or successor thereto, prior to  Novem-
     2  ber  first, if retirement is to become effective on the first day of the
     3  following January; prior to February first, if retirement is  to  become
     4  effective  on  the first day of the following April; prior to May first,
     5  if retirement is to become effective on the first day of  the  following
     6  July;  and,  prior to August first, if retirement is to become effective
     7  on the first day of the following October.
     8    (c) For the purpose of the computations described in subdivision  five
     9  of  this  section,  service  by  a pilot of more than six months of such
    10  pilot's last calendar year as an active pilot shall be considered a full
    11  calendar year.
    12    (d) If a retired Hudson River pilot dies without a  surviving  spouse,
    13  the balance of the yearly pension benefit for the remainder of the bene-
    14  fit  payment  period  shall  be  paid  to the deceased pilot's estate or
    15  designated beneficiary after which  all  rights  to  benefits  shall  be
    16  terminated.
    17    8. (a) The eligible surviving spouse of a Hudson River pilot described
    18  in  subdivision  five  of  this section who dies while in active service
    19  shall receive a yearly pension benefit equal to  fifty  percent  of  the
    20  amount  which  such deceased pilot would have received under subdivision
    21  five of this section had retirement immediately  preceded  the  date  of
    22  death.
    23    (b)  With respect to Hudson River pilots described in subdivision five
    24  of this section, the eligible surviving spouse  of  a  deceased  retired
    25  Hudson  River  pilot receiving retirement benefits on the date of death,
    26  shall receive a yearly benefit equal to the deceased pilot's benefit for
    27  the remainder of the benefit payment period in which death occurred, and
    28  thereafter fifty percent of the amount received by the deceased pilot on
    29  the date of death.
    30    (c) Upon the death of the eligible  surviving  spouse  of  a  deceased
    31  Hudson River pilot who was receiving benefits, the balance of the yearly
    32  pension benefit for the remainder of the benefit payment period shall be
    33  paid to the deceased surviving spouse's estate or designated beneficiary
    34  after which all rights to benefits shall terminate.
    35    9.  A "Hudson River pilot" for the purposes of this section is defined
    36  as an individual holding a license to act as Hudson River pilot for  the
    37  waters of the Hudson River north of a line running from the foot of Main
    38  Street  in  Yonkers  to Alpine, New Jersey and south of the dam at Troy,
    39  issued by the board of commissioners of pilots of the state of New York.
    40  A "retired Hudson River pilot" for the purposes of  this  section  is  a
    41  pilot who retired from active service in the Hudson River pilots associ-
    42  ation.   An "eligible surviving spouse" for the purposes of this section
    43  is defined as a spouse of a deceased pilot married  at  least  one  year
    44  prior to the date of death of the deceased pilot.
    45    §  5.  This  act shall take effect on the ninetieth day after it shall
    46  have become a law.
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