4.

1. (a) Every foreign vessel and every American vessel under register navigating the waters of that portion of the Hudson river specified in this section shall be subject to base pilotage rates hereinafter specified in this subdivision:

2. (b) From or into the port of New York: Yonkers Line The following scale of charges shall be applicable:

   1. (1)
   2. (i) All vessels of 100 pilotage units and over shall pay $12.17 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following charges shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $852.97 More than 50 and up to 100 pilotage units ..................... $1217.00 All vessels of 100 pilotage units and over shall pay ............ $17.19 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following charges shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1406.05 More than 50 and up to 100 pilotage units ..................... $1719.00 A maximum charge of up to 500 pilotage units shall be applicable.
   3. (ii) Twelve months after the effective date of this clause the following base pilotage rates shall be applicable: All vessels of 100 pilotage units and over shall pay $12.41 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $870.03 More than 50 and up to 100 pilotage units ..................... $1241.00 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall pay a base pilotage rate of .......................................................... 17.53 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1434.17 More than 50 and up to 100 pilotage units ..................... $1753.00 A maximum charge of up to 500 pilotage units shall be applicable.
   4. (iii) Twenty-four months after the effective date of this clause the following base pilotage rates shall be applicable: All vessels of 100 pilotage units and over shall pay $12.66 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $887.43 More than 50 and up to 100 pilotage units ..................... $1266.00 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall pay a base pilotage rate of ......................................................... $17.88 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1462.85 More than 50 and up to 100 pilotage units ..................... $1788.00 A maximum charge of up to 500 pilotage units shall be applicable.
   5. (iv) Thirty-six months after the effective date of this clause the following base pilotage rates shall be applicable: All vessels of 100 pilotage units and over shall pay $12.85 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $900.74 More than 50 and up to 100 pilotage units ..................... $1285.00 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall pay a base pilotage rate of ......................................................... $18.15 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1484.48 More than 50 and up to 100 pilotage units ..................... $1815.00 A maximum charge of up to 500 pilotage units shall be applicable.
   6. (v) Forty-eight months after the effective date of this clause the following base pilotage rates shall be applicable: All vessels of 100 pilotage units and over shall pay $13.07 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $914.25 More than 50 and up to 100 pilotage units ..................... $1307.00 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall pay a base pilotage rate of ......................................................... $18.42 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1507.07 More than 50 and up to 100 pilotage units ..................... $1842.00 A maximum charge of up to 500 pilotage units shall be applicable.
   7. (vi) Beginning on the thirtieth day following the effective date of the act that added this clause, the following base pilotage rates shall be applicable: All vessels of 100 pilotage units and over shall pay $13.34 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $932.54 More than 50 and up to 100 pilotage units ..................... $1333.14 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall pay a base pilotage rate of ......................................................... $18.79 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1537.22 More than 50 and up to 100 pilotage units ..................... $1878.84 A maximum charge of up to 500 pilotage units shall be applicable.

   8. (vii) Effective January first, two thousand twenty-two, the following base pilotage rates shall be applicable: All vessels of 100 pilotage units and over shall pay $13.61 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $951.20 More than 50 and up to 100 pilotage units ..................... $1359.81 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall pay a base pilotage rate of ......................................................... $19.17 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1567.97 More than 50 and up to 100 pilotage units..................... $1916.42 A maximum charge of up to 500 pilotage units shall be applicable.

      1. (1-a) All vessels shall pay an additional launch fee and communication fee. The launch fee shall be set by the board of commissioners of pilots to recoup the cost of operating a pilot launch and pilot station at Yonkers. The communication fee shall be set by the board of commissioners of pilots to recoup the cost of portable electronic communication and navigation equipment carried aboard the vessel by the pilot. All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde Park through Albany or Troy shall pay a mid-river launch fee. The mid-river launch fee shall be set by the board of commissioners of pilots to recoup the cost of operating a pilot launch and pilot station at Norrie Point. The launch fee, communication fee, and mid-river launch fee shall be reviewed annually by the board of commissioners of pilots on or about the anniversary date upon which this section shall have become a law. In the event a vessel transiting the Hudson River requires a continuous pilotage of more than ten hours, two pilots shall be assigned at the beginning of such transit, and the fee shall be the regular pilotage fee plus fifty percent for the second pilot. The fee for the second pilot shall not apply when the first pilot is discharged at the mid-river pilot station and relieved at such station by a second pilot. A second pilot shall not be required when the vessel anchors for a minimum of eight hours such that the transit does not require a continuous pilotage of more than ten hours by one pilot.
      2. (1-b) There is hereby created a Hudson River pilots surcharge board which shall determine the rate of the surcharge provided in subparagraph one-c of this paragraph. The surcharge board shall determine eligibility for benefits pursuant to subdivisions five and eight of this section. The Hudson River pilots surcharge board shall consist of two members as follows: the president of the board of commissioners of pilots of the state of New York, or his or her designee from the board of commissioners, and the president of the Hudson River pilots association, or his or her designee who must be a member of such association. In the event the two members cannot reach a decision on the surcharge rate, a third member shall be appointed by the two members from a list submitted by the Society of Maritime Arbitrators from its lists of commercial arbitrators. If, after submission of such a list, the two members of the board fail to agree upon a single arbitrator as the third member, then the Society of Maritime Arbitrators shall be authorized to select and submit the name of the third member for appointment. Such third member shall be appointed within ten days of a deadlocked vote of the Hudson River pilots surcharge board. Such members shall vote at meetings called upon written notice mailed seven calendar days in advance of the meeting, to determine the rate of surcharge, assisted as necessary by qualified actuaries or accountants, authorized in clause (i) of subparagraph one-c of this paragraph during each calendar quarter in time sufficient for such surcharge to be in effect on the following January first, April first, July first, and October first of each year. Written notice of meetings may be waived if done so with unanimous consent of all board members. Members of the Hudson River pilots surcharge board shall be subject to section seventeen of the public officers law.
      3. (1-c)
      4. (i) In addition to the base pilotage charge set forth in subparagraph one of this paragraph, there is hereby established a surcharge on every foreign vessel and every American vessel under register navigating that portion of the Hudson River specified in this section. Such surcharge, as determined quarterly by the Hudson River pilots surcharge board, shall be imposed for the exclusive purpose of the funding, on a sound actuarial basis, the retirement benefits for Hudson River pilots, described in clause (ii) of this subparagraph.
      5. (ii) The amount of the surcharge described in clause (i) of this subparagraph shall be computed as follows: PILOTAGE UNITS SURCHARGE 0 to 50 $113.00 51 to 100 $138.00 over 100 $1.38 per pilot unit during the first twelve months after the effective date of this subparagraph. The amount of the surcharge described in clause (i) of this subparagraph shall be computed as follows: PILOTAGE UNITS SURCHARGE 0 to 50 $170.00 51 to 100 $207.00 over 100 $2.07 per pilot unit during the period beginning with the thirteenth month and ending with the twenty-fourth month after the effective date of this subparagraph. The amount of the surcharge described in clause (i) of this subparagraph shall be computed as follows: PILOTAGE UNITS SURCHARGE 0 to 50 $213.00 51 to 100 $260.00 over 100 $2.60 per pilot unit during the period beginning with the twenty-fifth month and ending with the thirty-sixth month after the effective date of this subparagraph. The amount of the surcharge described in clause (i) of this subparagraph shall be computed as follows: Pilotage units surcharge 0-50 $250.00 51-100 $305.00 Over 100 $ 3.05 per pilot unit during the period beginning with the thirty-seventh month and ending with the forty-eighth month after the effective date of this subparagraph. The amount of the surcharge described in clause (i) of this subparagraph shall be computed as follows: Pilotage units surcharge 0-50 $280.00 51-100 $341.00 Over 100 $ 3.41 per pilot unit during the period beginning with the forty-ninth month and ending with the sixtieth month after the effective date of this subparagraph.
      6. (iii) Following the sixtieth month after the effective date of this subparagraph, the amount of the surcharge as determined by the surcharge board shall not exceed the greater of thirty-five percent of the sum of the base pilotage charges collected pursuant to the rate set forth in this subparagraph for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy, as amended, or five hundred thousand dollars, in any calendar year.
      7. (iv) The scale of charges set forth in this subparagraph is deemed a pilotage fee and shall be subject to the provisions of section ninety-five of this article.

      8. (v)

         1. (A) The proceeds of the surcharge provided for in this section shall be deposited in an account maintained by the Hudson River pilots association for the benefit of Hudson River pilots eligible for benefits as provided in this clause, from which account all such benefits and the reasonable expenses for administration thereof shall be paid. The monies on deposit in such account shall be referred to hereafter as the "retirement assets". All retirement assets shall be used exclusively to pay a yearly target retirement benefit to (I) Hudson River pilots active on the date pilotage rates are computed pursuant to this subparagraph and thereafter, upon retirement on or after the age of sixty; (II) retired Hudson River pilots or Hudson River pilots receiving benefits on the effective date of this section; and (III) to eligible surviving spouses of retired pilots.
         2. (B) Hudson River pilots who are also Sandy Hook pilots eligible to receive a full branch retirement benefit under item (B) of subclause one of clause (ii) of subparagraph one of paragraph (b) of subdivision four of section eighty-eight of this article shall be excluded from receiving any benefits specified in subdivision five of this section.
         3. (C) No individual other than those specified in subclause (A) of this clause shall be eligible for benefits pursuant to the surcharge described in clause (i) of this subparagraph without the approval of the Hudson River pilots surcharge board.
         4. (D) The funds generated by the surcharge imposed by clause (i) of this subparagraph shall be administered by the executive committee of the Hudson River pilots association, or any successors thereto. Any funds generated by the surcharge imposed by clause (i) of this subparagraph which exceed the funds deemed sufficient to provide the benefits set forth in items (I) and (III) of subclause (A) of this clause shall be used to defray the retirement benefits set forth in this subclause.
         5. (E) The surcharges pursuant to clause (i) of this subparagraph shall be collected by the agent of the Hudson River pilots. Funds generated for these purposes shall be audited annually by the surcharge board to ensure proper funding for the purposes set forth in clause (i) of this subparagraph.
         6. (2) "Pilotage units" shall be determined as expressed by the following formula: Overall length x extreme breadth x depth to uppermost continuous deck divided by 10,000 equals pilotage units.
         7. (3) In the middle river and upper river as specified herein no foreign and no American vessel under register shall be docked, undocked or shifted unless such docking, undocking or shifting is performed by a Hudson river pilot duly licensed under this article.
3. (c) Definitions: "Overall length" is the distance between the forward and after extremities of the vessel. "Extreme breadth" is the maximum breadth to the outside of the shell plating of the vessel. "Depth" is the vertical distance at amidships from the top of the keel plate to the uppermost continuous deck fore and aft, and which extends to the sides of the vessel. The continuity of a deck shall not be considered to be affected by the existence of openings, including but not limited to tonnage openings, engine space or a step in the deck. All measurements shall be in feet and inches (U.S.). The board of commissioners of pilots shall be the sole arbiter with respect to a question concerning these definitions. The decision by the board shall be final.
4. (d) The measurement of overall length, extreme breadth and depth, as previously defined, shall be made available to the pilot by the master or his agent for the purpose of computation of pilotage fees. Failure to provide the measurements so required shall subject vessel to the maximum pilotage charge.

7.

1. (a) A Hudson River pilot eligible for benefits set forth in subdivision five of this section, who retires, shall not be entitled to commence receiving benefits until the commencement of the benefit payment period next following the date on which such pilot retired or became eligible for disability retirement benefits. For accounting purposes, the benefit payment periods shall consist of a full calendar quarter commencing on January first, April first, July first, and October first of each year, but the first payments of benefits shall be made during the months of March, June, September, and December.
2. (b) No active Hudson River pilot shall commence receiving benefits until a properly completed resignation as an active pilot specifying a proposed date of retirement has been submitted in writing to the Hudson River pilots executive committee, or successor thereto, prior to November first, if retirement is to become effective on the first day of the following January; prior to February first, if retirement is to become effective on the first day of the following April; prior to May first, if retirement is to become effective on the first day of the following July; and, prior to August first, if retirement is to become effective on the first day of the following October.
3. (c) For the purpose of the computations described in subdivision five of this section, service by a pilot of more than six months of such pilot's last calendar year as an active pilot shall be considered a full calendar year.
4. (d) If a retired Hudson River pilot dies without a surviving spouse, the balance of the yearly pension benefit for the remainder of the benefit payment period shall be paid to the deceased pilot's estate or designated beneficiary after which all rights to benefits shall be terminated.

8.

1. (a) The eligible surviving spouse of a Hudson River pilot described in subdivision five of this section who dies while in active service shall receive a yearly pension benefit equal to fifty percent of the amount which such deceased pilot would have received under subdivision five of this section had retirement immediately preceded the date of death.
2. (b) With respect to Hudson River pilots described in subdivision five of this section, the eligible surviving spouse of a deceased retired Hudson River pilot receiving retirement benefits on the date of death, shall receive a yearly benefit equal to the deceased pilot's benefit for the remainder of the benefit payment period in which death occurred, and thereafter fifty percent of the amount received by the deceased pilot on the date of death.
3. (c) Upon the death of the eligible surviving spouse of a deceased Hudson River pilot who was receiving benefits, the balance of the yearly pension benefit for the remainder of the benefit payment period shall be paid to the deceased surviving spouse's estate or designated beneficiary after which all rights to benefits shall terminate.