Section 13-201
§ 13-201 Definitions. As used in this subchapter the following terms
shall mean and include:
1. "Member." (a) A person who was a member of the police force in the
department at the time when this section shall take effect.
(b) In any case where a member, while serving as a member of the
police force, is appointed police commissioner or a deputy police
commissioner, he or she shall, while serving as police commissioner or
deputy police commissioner, continue to be a member of the pension fund.
For the purposes of this subchapter, a member whose membership is
continued pursuant to this paragraph (b) or whose membership is restored
pursuant to paragraph one of subdivision f of section 13-206 of this
subchapter, shall during the period of such continuance or restoration
of membership, as the case may be, be deemed to be a member of the
police force and the police department and his or her service as police
commissioner or deputy police commissioner during such period shall be
deemed to be service in such force and department.
2. "Board of trustees". The board of trustees provided for in section
13-202 of this subchapter.
Section 13-202
§ 13-202 Board of trustees. a. The police pension fund shall be
administered by a board of trustees which shall, subject to the
provisions of law and to the prior approval of the board of estimate,
from time to time, establish rules and regulations for the
administration and transaction of the business of such fund and for the
control and disposition thereof. Such board shall consist of:
1. The police commissioner who shall be chairperson of the board and
who shall be entitled to cast one and one-half votes.
2. The comptroller of the city who shall be entitled to cast one and
one-half votes.
3. A representative of the mayor who shall be appointed by the mayor
and who shall be entitled to cast one and one-half votes.
4. The commissioner of finance of the city who shall be entitled to
cast one and one-half votes.
5. The president of the patrolmen's benevolent association of the city
of New York who shall be entitled to cast one vote.
6. The first vice-president of the patrolmen's benevolent association
of the city of New York who shall be entitled to cast one vote.
7. The second vice-president of the patrolmen's benevolent association
of the city of New York who shall be entitled to cast one vote.
8. The chairperson of the board of trustees of the patrolmen's
benevolent association of the city of New York who shall be entitled to
cast one vote.
9. The president of the captains' endowment association of the police
department of the city of New York who shall be entitled to cast
one-half vote.
10. The president of the lieutenants' benevolent association, police
department, city of New York who shall be entitled to cast one-half
vote.
11. The president of the sergeants' benevolent association of the city
of New York who shall be entitled to cast one-half vote.
12. The president of the detectives' endowment association of the city
of New York who shall be entitled to cast one-half vote.
b. Every act of the board of trustees shall be by resolution which
shall be adopted only by a vote of at least seven-twelfths of the whole
number of votes authorized to be cast by all of the members of such
board.
c. The board of trustees shall receive all moneys applicable to such
fund and deposit the same to the credit of such fund, in banks or trust
companies to be selected by it, and continue to receive and deposit the
funds applicable to the same, as received, to the credit of such fund,
or to invest the same in obligations issued by the city of New York,
obligations issued by the state of New York or obligations issued by the
United States of America, as such board of trustees may deem most
advantageous for the object of such fund, and such board of trustees
shall have the power to make all necessary contracts, and to take all
necessary remedies in the premises.
d. The police commissioner shall assign to the board of trustees a
sufficient number of clerical and other assistants to permit the board
efficiently to exercise its powers and to perform its duties.
e. On or before the first day of September of each year the board of
trustees shall make a detailed verified report to the mayor.
f. Any member of the board, referred to in paragraphs five through
twelve, respectively, of subdivision a of this section, shall be a
member of the uniformed force and may authorize in writing at any time
any other officer of the respective associations to represent him or her
on such board in the event of his absence or disability, provided,
however, that the by-laws or constitution of such respective
associations provide for the designation of a representative in such
event.
g. Notwithstanding any other provision of law to the contrary, on July
first, nineteen hundred ninety-five, and duties and responsibilities of
the board of trustees of administering the provisions of this subchapter
shall be transferred in accordance with the provisions of subdivision f
of section 13-213.1 of this subchapter to the board of trustees of the
police pension fund provided for in subchapter two of this chapter.
Section 13-203
§ 13-203 Composition of pension fund. The police pension fund shall
consist of the following:
1. The capital, interest, income, dividends, cash, deposits,
securities and credits in such fund on the first day of January,
nineteen hundred forty.
2. All forfeitures imposed by the police department, from time to
time, upon or against any member or members.
3. All rewards, fees, gifts, testimonials and emoluments that may be
presented, paid or given to any member on account of police services,
except such as have been or shall be allowed by the police commissioner
to be retained by such members.
4. All moneys received from the property clerk pursuant to sections
14-140 and 10-106 of the code, and all moneys realized, derived or
received from the sale of any condemned, unfit or unserviceable property
belonging to or in the possession or under the control of the police
department.
5. All moneys, pay, compensation or salary, or any part thereof,
forfeited, deducted or withheld from any member or members on account of
absence for any cause, lost time, sickness or other disability, physical
or mental, to be paid semi-monthly by the comptroller to such fund.
6. All moneys received or derived from the granting or issuing of
licenses to have and possess pistols or revolvers in dwellings or places
of business, or to have and carry concealed a pistol or revolver in such
city pursuant to subsection a of section 10-131 of the code.
7. All moneys received or derived from the granting or issuing of
permits or the granting of permission to conduct masked or fancy dress
balls in the city. Such balls shall be conducted only upon condition
that a license fee therefor of not less than five dollars nor more than
one hundred dollars shall first be paid to such department for the
benefit of such fund.
8. a. A sum of money equal to but not greater than:
(1) Five per cent. of the semi-monthly pay, salary or compensation of
each member of the force who shall elect to contribute on the basis of
retirement after twenty-five years of service in such force, or
(2) Six per cent. of the semi-monthly pay, salary or compensation of
each member of the force who shall elect to contribute on the basis of
retirement after twenty years of service in such force which sum shall
be deducted semi-monthly by the comptroller from the pay, salary, or
compensation of each member and forthwith paid to the board of trustees
of such fund. Every member shall be deemed to consent and agree to such
deductions and shall receipt in full for his or her pay, salary or
compensation, and payment less such deductions shall be a full and
complete discharge and acquittance of all claims and demands whatsoever
for the services rendered by such member during the period covered by
such payment, except his or her claim to the benefits to which he or she
may be entitled under the provisions of this subchapter.
b. Each member shall signify in writing to the board of trustees
within thirty days after this section shall take effect, his or her
election to contribute on the basis of retirement either after twenty
years of service or after twenty-five years of service.
c. In the case of a member receiving extra pay, salary or compensation
for additional duties assigned to him or her, the comptroller shall make
such semi-monthly deductions on the basis of such extra pay, salary or
compensation unless such member shall signify in writing to the board of
trustees his or her election to have his or her benefits and obligations
computed on the basis of the pay, salary or compensation received by him
or her prior to the time when he or she first received such extra
compensation. Members who heretofore or are now receiving such extra
pay, salary or compensation shall so signify within thirty days after
this section shall take effect. Members who hereafter receive such extra
pay, salary or compensation shall so signify within thirty days after
the first receipt thereof. If any member has or shall have received
extra pay, salary or compensation for an aggregate of five years or more
or for the period of time fixed by section 14-114 of this code, the
comptroller shall continue to make such semi-monthly deductions on the
basis of such extra pay, salary or compensation, notwithstanding that
such member does not continue to receive it, unless such member shall
signify to the board of trustees in writing his or her election to have
his or her benefits and obligations computed on the basis of the pay,
salary or compensation actually received by him or her. Additional
deductions made pursuant to this subdivision shall entitle such member
to a pension on the basis of such extra pay, salary or compensation. The
provisions of this subdivision shall not diminish or impair the benefits
provided in subdivision c of section 14-114 of this code.
9. If the amount derived from the above-mentioned sources included in
this section shall be insufficient to pay the pensions, allowances,
benefits and returns of salary deductions which have been or which may
hereafter be granted, it shall be the duty of the police commissioner
each year at the time of submitting the departmental estimate to the
director of the budget, to submit a full and detailed statement of the
assets of such fund and the amount required to pay all such sums in
full. There shall annually be included in the budget a sum sufficient to
provide for such deficiency. The comptroller shall pay the money so
provided to the board of trustees.
10. Such board of trustees is authorized, empowered and entitled to
take and hold any and all gifts or bequests which may be made to such
fund or to any police pension fund existing prior to the first day of
January, eighteen hundred ninety-eight in any of the territory now
constituting the city of New York.
11. Notwithstanding any other provision of law to the contrary, on and
after July first, nineteen hundred ninety-five, the composition of this
pension fund shall be as modified by the provisions of section 13-213.1
of this subchapter.
Section 13-204
§ 13-204 Reduction of contributions by members. The mayor, by
executive order adopted prior to the first day of June, nineteen hundred
sixty-three, may direct that beginning with the first full payroll
period following January first, nineteen hundred sixty-three and ending
with the payroll period immediately prior to that, the first day of
which is nearest to June thirtieth, nineteen hundred sixty-four, the
deductions from the semi-monthly pay, salary or compensation of each
member made pursuant to the provisions of this subchapter shall be
reduced by two and one-half per cent of such pay, salary or
compensation. Such executive order may also provide for a method or
procedure for the refunding or crediting to a member by the pension fund
of the amount of the reduction in his or her deductions for any period
prior to the adoption of such executive order. The benefits provided
pursuant to this section shall apply only to members of the pension fund
who are in active service in the police force on or after the date of
adoption of such executive order.
Section 13-205
§ 13-205 Reduction of contributions by members. a. The mayor, by
executive order adopted prior to the first day of June, nineteen hundred
sixty-four, may direct that beginning with the first full payroll period
following July first, nineteen hundred sixty-four and ending with the
payroll period immediately prior to that, the first day of which is
nearest to June thirtieth, nineteen hundred sixty-five, the deductions
from the semi-monthly pay, salary or compensation of each member made
pursuant to the provisions of this subchapter shall be reduced by two
and one-half per cent of such pay, salary or compensation.
b. The mayor, by executive order adopted prior to June nineteenth,
nineteen hundred sixty-five, may direct that beginning with the first
full payroll period following July first, nineteen hundred sixty-five
and ending with the payroll period immediately prior to that, the first
day of which is nearest to June thirtieth, nineteen hundred sixty-six,
the deductions from the semi-monthly pay, salary or compensation of each
member made pursuant to the provisions of this subchapter shall be
reduced by two and one-half per cent of such pay, salary or
compensation.
c. The mayor, by executive order adopted prior to June nineteenth,
nineteen hundred sixty-six, may direct that beginning with the first
full payroll period following July first, nineteen hundred sixty-six and
ending with the payroll period immediately prior to that, the first day
of which is nearest to June thirtieth, nineteen hundred sixty-seven, the
deductions from the semi-monthly pay, salary or compensation of each
member made pursuant to the provisions of this subchapter shall be
reduced by two and one-half per cent of such pay, salary or
compensation.
d. The mayor, by executive order adopted prior to June seventeenth,
nineteen hundred sixty-seven, may direct that beginning with the payroll
period, the first day of which is nearest to July first, nineteen
hundred sixty-seven and ending with the payroll period immediately prior
to that, the first day of which is nearest to June thirtieth, nineteen
hundred sixty-eight, the deductions from the semi-monthly pay, salary or
compensation of each member made pursuant to the provisions of this
subchapter shall be reduced by two and one-half per cent of such pay,
salary or compensation.
e. (1) Subject to the provisions of paragraph two of this subdivision,
beginning with the first full payroll period following January first,
nineteen hundred sixty-seven, and ending with the payroll period
immediately prior to that, the first day of which is nearest to June
thirtieth, nineteen hundred sixty-eight, the deductions from the
semi-monthly pay, salary or compensation of each member made pursuant to
the provisions of this subchapter shall be reduced by two and one-half
per cent of such pay, salary or compensation.
(2) The reduction provided for by paragraph one of this subdivision
shall be in addition to any reduction made during the period mentioned
in such paragraph one pursuant to subdivision c or d of this section.
The amount of the reduction made pursuant to paragraph one of this
subdivision in the deductions of any such member for such portion of the
period mentioned in such paragraph one as precedes the effective date of
this subdivision shall be refunded without interest.
(3) Beginning with the payroll period the first day of which is
nearest to June thirtieth, nineteen hundred sixty-eight, and ending with
the payroll period immediately prior to that, the first day of which is
nearest to June thirtieth, nineteen hundred seventy-one, the deductions
from the semi-monthly pay, salary or compensation of each member made
pursuant to the provisions of this subchapter shall be reduced by five
per cent of such pay, salary or compensation.
f. The mayor, by executive order adopted prior to the date forty-five
days after the adjournment of the regular session of the legislature in
nineteen hundred seventy-one, may direct that beginning with the payroll
period, the first day of which is nearest to June thirtieth, nineteen
hundred seventy-one and ending with the payroll period immediately prior
to that, the first day of which is nearest to June thirtieth, nineteen
hundred seventy-two, the deductions from the semi-monthly pay, salary or
compensation of each member made pursuant to the provisions of this
subchapter shall be reduced by five per cent of such pay, salary or
compensation.
g. The mayor, by executive order adopted prior to the date forty-five
days after the adjournment of the regular session of the legislature in
nineteen hundred seventy-two or June seventeenth of such year, whichever
is later, may direct that beginning with the payroll period, the first
day of which is nearest to June thirtieth, nineteen hundred seventy-two
and ending with the payroll period immediately prior to that, the first
day of which is nearest to June thirtieth, nineteen hundred
seventy-three, the deductions from the semi-monthly pay, salary or
compensation of each member made pursuant to the provisions of this
subchapter shall be reduced by five per cent of such pay, salary or
compensation.
Section 13-206
§ 13-206 Payment of pensions; disability; retirement for service. a.
The board of trustees shall retire any member who, upon an examination,
as provided in subdivision d of this section, may be found to be
disqualified, physically or mentally, for the performance of his or her
duties. Such member so retired shall receive from such pension fund an
annual pension as provided in this section. In every case such board
shall determine the circumstances thereof, and such pension so allowed
is to be in lieu of any salary received by such member at the time of
his or her being so retired. The department shall not be liable for the
payment of any claim or demand for services thereafter rendered, and the
amount of such pension shall be determined upon the following
conditions:
1. In case of total permanent disability at any time caused in or
induced by the actual performance of the duties of his or her position,
the amount of annual pension to be allowed shall be not less than
three-fourths of the annual salary of such member at the date of his or
her retirement.
1-a. In any case where a member is allowed, pursuant to paragraph one
of this subdivision a, a pension equal to but not exceeding
three-fourths of the annual salary of such member at the date of his or
her retirement, such member shall receive, in addition, the amount of
the deductions, without interest, made from his or her pay, salary or
compensation pursuant to subdivision nine of section 13-203 of this
subchapter, such amount to be paid either in a lump sum or in the form
of an annuity which is the actuarial equivalent of such amount of
deductions, as the member may elect. Such annuity, if so elected, shall
be computed on the basis of the mortality tables adopted pursuant to
section 13-221 of this chapter, as in effect on the date of retirement
of such member, and on the basis of regular interest.
2. In case of partial permanent disability at any time caused in or
induced by the actual performance of the duties of his or her position,
which disqualifies him or her only from performing active duty in the
police force, the member so disabled shall be relieved by the
commissioner from active service and assigned to the performance of such
light duties as a police surgeon of such department may certify him or
her to be qualified to perform, or he or she shall be retired on his or
her own application at not less than three-fourths of his or her salary
at the date of his or her retirement from the service, on an
examination, as provided by subdivision d of this section, showing that
his or her disability is permanent.
2-a. In any case where a member is allowed, pursuant to paragraph two
of this subdivision a, a pension equal to but not exceeding
three-fourths of his or her salary at the date of his or her retirement
from the service, such member shall receive, in addition, the amount of
the deductions, without interest, made from his or her pay, salary or
compensation pursuant to subdivision nine of section 13-203 of this
subchapter, such amount to be paid either in a lump sum or in the form
of an annuity which is the actuarial equivalent of such amount of
deductions, as the member may elect. Such annuity, if so elected, shall
be computed on the basis of the mortality tables adopted pursuant to
section 13-221 of this chapter, as in effect on the date of retirement
of such member, and on the basis of regular interest.
3. In case of total permanent disability not caused in or induced by
the actual performance of the duties of his or her position, which shall
occur after the expiration of ten years' service in such department, but
before he or she has performed service in the force for a period greater
than the minimum period for service retirement elected by him or her,
the amount of annual pension to be allowed shall be one-half of the
annual salary of such member at the date of his or her retirement from
the service.
4. In case of partial permanent disability not caused in or induced by
the actual performance of the duties of his or her position, which may
occur after ten years' service in such department, the member so
disabled may be relieved by the commissioner from active service, but
shall remain a member of the police force, subject to the rules
governing such force, and be assigned to the performance of such light
duties as a police surgeon of such department may certify him or her to
be qualified to perform, or, if such member be retired after the
expiration of ten years' service, but before he or she has performed
service in the force for a period greater than the minimum period for
service retirement elected by him or her, the annual pension to be paid
to such member shall be one-half of the annual salary of such member at
the date of his or her retirement from the service.
5. In case of total permanent disability not caused in or induced by
the actual performance of the duties of his or her position, which may
occur before the expiration of ten years' service in such department,
the amount of annual pension to be allowed shall be one-third of the
annual salary of such member at the date of his or her retirement from
the service.
6. In case of partial permanent disability not caused in or induced by
the actual performance of the duties of his or her position, which may
occur before ten years' service in such department, the member so
disabled shall be relieved by the commissioner from active service, but
shall remain a member of the police force, subject to the rules
governing such force, and be assigned to the performance of such light
duties as a police surgeon of such department may certify him or her to
be qualified to perform, or, if such member be retired before the
expiration of ten years' service, the annual pension to be paid to such
member shall be one-third of the annual salary of such member at the
date of his or her retirement from the service.
b. Any member of such department, who has or shall have performed duty
therein for a period of twenty years or upwards, upon a medical
examination, as provided in subdivision d of this section, showing that
such member is permanently disabled, physically or mentally, so as to be
unfit for duty, shall be retired from such force and service, and placed
on the roll of the pension fund, and awarded and granted, to be paid
from such fund:
1. an annual pension during his or her lifetime, of a sum not less
than one-half his or her full salary at the date of his or her
retirement from the service; and
2. if such member is awarded and granted, pursuant to paragraph one of
this subdivision b, an annual pension equal to but not exceeding
one-half of his or her full salary at the date of his or her retirement
from the service, and if such member, at the time of such retirement,
has performed service in the force for a number of years greater than
the minimum period for service retirement elected by him or her, an
annual pension, in addition to the pension provided for by paragraph one
of this subdivision b, which shall be equal to: (i) one-fortieth of his
or her full salary or compensation on the date of his or her retirement
from the service, multiplied by the number of years of service in the
force performed by him or her after completion of such minimum period of
service elected by him or her, if such member elected a minimum period
of twenty years; or
(ii) one-fiftieth of his or her full salary or compensation on the
date of his or her retirement from the service, multiplied by the number
of years of service in the force performed by him or her after
completion of such minimum period of service elected by him or her, if
such member elected a minimum period of twenty-five years.
c. Any member who:
1. Shall have elected to contribute on the basis of retirement after
twenty years of service and who has or shall have performed service in
the force for at least twenty years, or
2. Shall have elected to contribute on the basis of retirement after
twenty-five years of service and who has or shall have performed service
in the force for at least twenty-five years, upon his or her own
application in writing to and filed with the board setting forth at what
time, not less than thirty days subsequent to the execution and filing
thereof, he or she desires to be retired, shall be retired as of the
date specified in said application from such force and service, and
placed on the roll of the pension fund, and awarded and granted, to be
paid from such fund, an annual pension during his or her lifetime, not
less than one-half of his or her full salary at the date of his or her
retirement from service, and provided further that at the time so
specified for his or her retirement his or her term or tenure of office
or employment shall not have terminated or have been forfeited, provided
further that upon his or her request in writing the member shall be
granted a leave of absence from the date of filing said application
until the date the retirement becomes effective.
d. All medical examinations required by or made pursuant to the
provisions of this subchapter shall be conducted by a medical board
appointed by the commissioner, provided, however, that any member,
within thirty days after receipt of the decision of such medical board,
in writing may request that the decision of such board be reviewed by a
special medical board which shall consist of one doctor of the medical
board and a doctor selected and compensated by such member. The decision
of such special board shall supersede the decision of the medical board.
In the event that the two doctors of the special board shall disagree, a
recognized specialist on the condition, disease or injury for which such
member has been examined or for which disability is claimed shall be
selected by such doctors to be a third member of the special board. The
decision of a majority of the three members of such special board shall
supersede the decision of the medical board. The specialist selected by
the two doctors of the special board shall be compensated by the city.
Such compensation shall be fixed by the comptroller and shall be subject
to his or her audit.
e. The board of trustees shall have the power to grant, award or pay a
pension on account of physical or mental disability or disease, only
upon a certificate of a medical board or a special medical board after
examination as provided in subdivision d of this section. Such
certificate shall set forth the cause, nature and extent of the
disability, disease or injury of such member.
f. (1) In any case where a person who retired for service as a member
of the pension fund is subsequently appointed police commissioner or a
deputy police commissioner, his or her pension shall cease. During his
or her service as police commissioner or deputy police commissioner he
or she shall again be a member of the pension fund and shall contribute
thereto at the rate of contribution applicable to him or her at the time
of his or her prior retirement.
(2) Subject to the provisions of paragraphs three and four of this
subdivision f, upon his or her subsequent retirement as police
commissioner or deputy police commissioner, as the case may be, he or
she shall receive the pension, if any, which he or she was receiving or
entitled to receive immediately prior to his or her appointment as
police commissioner or deputy police commissioner, and in addition, a
further pension of one-sixtieth of his or her average annual salary
earned during his or her credited service after restoration to
membership pursuant to paragraph one of this subdivision f, multiplied
by the number of years of his or her credited service during such
restoration.
(3) Subject to the provisions of paragraph four of this subdivision f,
where any such retiree who is appointed police commissioner or deputy
police commissioner shall have earned at least three years of member
credit for service during the period of his or her restoration to
membership pursuant to paragraph one of this subdivision f, the total
service credit to which he or she was entitled at the time of his or her
earlier retirement may, at his or her election, again be credited to him
or her and upon his or her subsequent retirement as police commissioner
or deputy police commissioner, as the case may be, he or she shall be
credited in addition with all service during such period of restoration
to membership.
(4) Such total service credit to which he or she was entitled at the
time of his or her earlier retirement shall be credited as provided in
paragraph three of this subdivision f only in the event that he or she
returns to the pension fund with regular interest the actuarial
equivalent of the amount of the amount of the pension he or she
received; provided, however, that in the event that such amount is not
so repaid, the actuarial equivalent thereof shall be deducted from his
or her subsequent pension.
g. The granting of a pension on severance from service for fault or
delinquency shall not be a matter of right, but such a pension may be
granted in consideration of special circumstances by the board of
trustees and a vote of at least two-thirds of the whole number of votes
authorized to be cast by all the members of such board.
h. The terms "total permanent disability" and "partial permanent
disability" as used in this section may be defined in the rules and
regulations of the board of trustees.
i. Except as otherwise provided, the pensions granted under this
section shall be for the life of the pensioner, and shall not be
revoked, repealed or diminished.
j. Notwithstanding any other provision of this code, and in lieu of
any lesser amount otherwise provided, any member of the department who
has or shall have performed duty therein for a period of at least
thirty-five years may elect to be retired and placed on the roll of the
pension fund, and awarded and granted, to be paid from such fund, an
annual pension during his or her lifetime, of a sum equal to his or her
full salary at the date of his or her retirement from service.
Section 13-207
§ 13-207 a. Notwithstanding the provisions of section 13-206 of this
subchapter, in any case where a pension was or is awarded under the
provisions of such section, by reason of the retirement of a member for
disability caused or induced by the actual performance of the duties of
his or her position, such member shall be entitled to a pension of not
less than three-fourths the annual salary or compensation payable to a
first grade patrolman as of July first, nineteen hundred and sixty-five.
In the case of any member receiving a pension less than three-fourths
the annual salary or compensation of a first grade patrolman as of July
first, nineteen hundred and sixty-five his or her pension shall be
increased by such amount which when added to the lesser pension shall
equal three-fourths the annual salary or compensation of a first grade
patrolman as of July first, nineteen hundred and sixty-five.
b. Such pension shall be payable to the same persons and shall be
subject to the same terms and conditions, including provisions as to
termination as to the pension which would otherwise be payable under
section 13-206 of this subchapter.
c. The pension payable under this section shall be in lieu of any
pension which would otherwise be payable to the member under section
13-206 of this subchapter.
Section 13-208
§ 13-208 Extra service pension credit. Except as provided in
subdivisions a and b of section 13-206 of this subchapter:
1. A member who shall have elected to contribute on the basis of
retirement after twenty years of service, upon completing such period of
service, may continue in the service. In such event and upon retirement
for service, there shall be added to his or her annual service pension
one-sixtieth of the salary received at the date of retirement for each
completed additional year of service, during which years such deductions
shall have been made. Any such member upon completing twenty-five years
of service, shall have such deductions made at the rate of five per
cent, in which event and upon retirement for service, such additional
amounts also shall be added to his or her annual service pension for the
years during which deductions shall have been made at the rate of five
per cent.
2. A member who shall have elected to contribute on the basis of
retirement after twenty-five years of service, upon completing such
period of service, may continue in the service. In such event there
shall be added to his or her annual service pension upon retirement for
service one-sixtieth of the salary received at the date of retirement
for each completed additional year of service, during which years such
deductions shall have been made at the rate of five per cent.
Section 13-209
§ 13-209 Payment of pensions; death. a. The board of trustees of the
pension fund shall pay a pension out of such fund to the spouse, child
or children or dependent parent or parents of any deceased member of the
police force in such department, if the death of such member occur
during his or her service in such police force, or after he or she was
retired from service in such force. The amount of any such pension to be
paid by the board of trustees to each of the several representatives of
such member, in case there shall be more than one, from time to time,
may be determined by such board according to the circumstances of each
case. The annual pension to the representative or representatives of
such member, however, shall be six hundred dollars, and no part of such
sum shall be paid to any such spouse who shall remarry, after such
remarriage, or to any child after it shall have reached the age of
eighteen years.
In lieu of the aforementioned pension, when a member of the force dies
while in active service, his or her beneficiary shall be paid the
accumulated deductions of such deceased member if written application
therefor be made to the board of trustees by such beneficiary.
b. In case any member in the police force of such department is killed
while actually engaged in the performance of duty, or if death ensues,
or results from a disease, as the immediate effect of injuries received,
the board of trustees of such fund, upon evidence submitted to it, shall
have power to decide whether death so occurred and upon such decision
shall award to the spouse of such member an annual sum as a pension, to
be paid out of such fund in an amount not to exceed, except as herein
provided, one-half of the salary of such member at the date of his or
her decease. If such member, dying, leaves no spouse surviving him or
her, but leaves a child or children, under the age of eighteen years, or
dependent parent or parents, such board shall award to the legal
guardian of such child or children, or dependent parent or parents, for
its or their support and maintenance, an annual sum as a pension out of
such fund, in an amount not to exceed one-half of the salary of such
member at the date of his or her decease. The amount of such pension to
any spouse shall cease upon his or her death. Such annual pension shall
cease upon the death or marriage of such child, or upon its reaching the
age of eighteen years. If such payment to the spouse of any such member
shall cease by reason of his or her death, such board shall make
payments to the child or children, or dependent parent or parents of
such member, if any, as though he or she had died without leaving a
spouse surviving him or her.
c. The board of trustees, subject to the separate approval of the
mayor, may presume a member or former member of the pension fund to be
dead, if such member has disappeared and has been absent for three years
or more, unless there be affirmative evidence that he or she was alive
within that time. In the case of a former member who has disappeared,
has been absent for three years or more and who was last known to be
alive while a member of the police force in the department, the board of
trustees, subject to the separate approval of the mayor, may presume
that death occurred while such former member was a member of such police
force, unless there be affirmative evidence that he or she was alive
after his or her separation from service in the police force. If in its
judgment the evidence warrants such determination, the board of
trustees, subject to the separate approval of the mayor, may make an
additional and separate finding that such presumed death occurred while
such member or former member was actually engaged in the performance of
duty. In the event that the board of trustees, upon approval of the
mayor, shall take action pursuant to a presumption of death with respect
to the disappearance of a former member of the police force, the police
commissioner shall have power to revoke any disciplinary action, with
respect to the absence of such former member of the police force, which
was taken by him or her after the date when such former member is
presumed to have died. Notwithstanding any other provision of law, the
board of trustees and the police commissioner shall have power to revoke
or rescind any action taken by them, respectively, pursuant to this
subdivision, with or without cause at any time prior to five years from
the date of the disappearance of a member or former member and
thereafter they may take action and exercise such power in the event
that they respectively shall determine, on the basis of affirmative
evidence submitted to them, that any member or former member was alive
after the date he or she was presumed to be dead. Upon the expiration of
a period of five years from the date of the disappearance of a member or
former member, continuation of the payment of a pension pursuant to this
section based upon the presumed death of such member or former member
shall be conditioned upon a determination by a court of competent
jurisdiction, in an action or special proceeding brought by a
beneficiary receiving all or part of such pension or any other member of
the family of such member or former member pursuant to the provisions of
section 2-1.7 of the estates, powers and trusts law, that such member or
former member is presumed to be dead. Such determination shall be deemed
conclusive for the purposes of this section, unless such member or
former member thereafter shall be found to be alive.
d. (1) Notwithstanding the provisions of subdivision b of this
section, in any case where a pension was or is awarded under the
provisions of such subdivision, or any predecessor provision by reason
of the death of any such member, occurring before July first, nineteen
hundred and sixty-five, such pension, subject to the provisions of
paragraphs two and three of this subdivision d, shall consist:
(a) For each full calendar year, on and after January first, nineteen
hundred and sixty-five, of a sum as a pension to be paid out of such
fund and in an amount not to exceed, except as herein provided, one-half
of the annual salary or compensation payable, on July first, nineteen
hundred and sixty-five, to a member of the uniformed force of rank,
seniority, and other salary-determining status, equal to that of the
deceased member on the date of his or her decease but in no case less
than one-half of the salary payable to a first grade patrolman on July
first, nineteen hundred and sixty-five, and
(b) For any portion of a calendar year, on and after January first,
nineteen hundred and sixty-five, the appropriate pro rata portion of the
amount which would be payable, under the provisions of subparagraph (a)
of this paragraph one, for the full calendar year which includes such
portion of a year, if a pension were payable under this subdivision d
for such full calendar year.
(2) Such pension shall be payable to the same persons and shall be
subject to the same terms and conditions, including provisions as to
termination, as to the pension which would otherwise be payable, on and
after January first, nineteen hundred and sixty-five, pursuant to
subdivision b of this section or any applicable predecessor provision,
by reason of the death of such member.
(3) The pension payable pursuant to the provisions of paragraphs one
and two of this subdivision d shall be in lieu of any pension which
would otherwise be payable on or after January first, nineteen hundred
and sixty-five pursuant to the provisions of such subdivision b, or
predecessor provision, and, except as otherwise provided in paragraph
one of subdivision e of section 13-686 of this title, shall be in lieu
of any supplemental retirement allowance which would otherwise be
payable, on and after such date, under the provisions of subchapter six
of chapter five of this title or any other law.
Section 13-210
§ 13-210 Return of deductions on discontinuance of membership or on
death. a. Should a member discontinue service in the force, except by
death or retirement, he or she shall be paid the amount of the five per
cent. or six per cent. deductions without interest made from his or her
pay, salary or compensation pursuant to subdivision nine of section
13-203 of this subchapter.
b. In the event that a member shall die before retirement and a
pension is not paid by the board of trustees pursuant to section 13-209
of this subchapter, the amount of the five per cent. or six per cent.
deductions without interest made from the pay, salary or compensation of
such member pursuant to subdivision nine of section 13-203 of this
subchapter shall be paid by such board to the beneficiary or
beneficiaries, as such member shall have nominated by written
designation duly acknowledged and filed with such board. Such
designation shall be made within thirty days after this section shall
take effect, and may be changed, from time to time, by such member upon
filing with the board a new designation duly acknowledged.
Section 13-211
§ 13-211 Time of payment of pensions. All pensions payable out of the
police pension fund shall be paid in equal monthly installments, each
one-twelfth, in amount, of the sum allowed as the annual pension or in
ratably smaller amounts when the benefit begins after the first day of
the month or ends before the last day of the month.
Section 13-212
§ 13-212 Exemption from tax and legal process. The right of a person
to a pension, an allowance, to the return of contributions, the pension
itself, any optional benefit, any other right accrued or accruing to any
person under the provisions of this subchapter and the moneys in the
fund provided for by this subchapter, are hereby exempt from any state
or municipal tax, and shall not be subject to execution, garnishment,
attachment, or any other process whatsoever, and shall be unassignable
except as in this article specifically provided.
Section 13-213
§ 13-213 False swearing. Every person who knowingly or wilfully in
anywise procures the making or presentation of any false or fraudulent
affidavit or affirmation concerning any claim for pension or payment
thereof shall in every such case forfeit a sum not exceeding two hundred
fifty dollars, to be sued for and recovered by and in the name of such
board of trustees, which when recovered, shall be paid to and thereupon
become a part of such fund. Any person who shall wilfully swear falsely
in any oath, or affirmation, in obtaining or procuring any pension or
payment thereof, under the provisions of this subchapter, shall be
guilty of perjury.
Section 13-213.1
§ 13-213.1 Transfer of assets, liabilities and administration of
pension fund, subchapter one to pension fund, subchapter two: payment of
certain benefits by pension fund, subchapter two. a. The following
terms, as used in this section, shall have the following meanings unless
a different meaning is plainly required by the context:
1. "Pension fund, subchapter one". The police pension fund provided
for in this subchapter.
2. "Pension fund, subchapter two". The police pension fund provided
for in subchapter two of this chapter.
3. "Police subchapter one beneficiary". Any person who is entitled
under the laws in effect immediately prior to July first, nineteen
hundred ninety-five to receive benefits from pension fund, subchapter
one.
b. Subject to the provisions of subdivision g of this section, and
notwithstanding any other provision of law to the contrary, on July
first, nineteen hundred ninety-five, all assets held by pension fund,
subchapter one shall be transferred to pension fund, subchapter two and
shall be credited to the contingent reserve fund of pension fund,
subchapter two.
c. Subject to the provisions of subdivision g of this section, and
notwithstanding any other provision of law to the contrary, on and after
July first, nineteen hundred ninety-five, all moneys which otherwise
would be paid to pension fund, subchapter one pursuant to the provisions
of section 13-203 of this subchapter or any other provision of law, or
from any other source whatsoever, shall instead by paid to the general
fund of the city established pursuant to section one hundred nine of the
New York city charter.
d. Subject to the provisions of subdivision g of this section, and
notwithstanding any other provision of law to the contrary, on July
first, nineteen hundred ninety-five, all liabilities of pension fund,
subchapter one as of such date, including, but not limited to, liability
for the payment of all benefits required under laws in effect
immediately prior to such date to be paid on and after such date by
pension fund, subchapter one to police subchapter one beneficiaries,
shall be transferred to and assumed by pension fund, subchapter two, and
such benefits payable to police subchapter one beneficiaries on and
after such date shall be paid to such beneficiaries by pension fund,
subchapter two.
e. Subject to the provisions of subdivision g of this section, and
notwithstanding any other provision of law to the contrary, on July
first, nineteen hundred ninety-five, the liability of the city
supplemental pension fund established under section 13-650 of this title
for the payment of all supplemental benefits required under laws in
effect immediately prior to such date to be paid on and after such date
by such supplemental pension fund to police subchapter one benificiaries
shall be transferred to and assumed by pension fund, subchapter two, and
such supplemental benefits payable to such police subchapter one
beneficiaries on and after such date shall be paid to such beneficiaries
by pension fund, subchapter two.
f. Notwithstanding any other provision of law to the contrary, on July
first, nineteen hundred ninety-five, the duties and responsibilities of
administering the provisions of this subchapter conferred upon the board
of trustees of pension fund, subchapter one by the provisions of this
subchapter in effect immediately prior to such date shall be transferred
to and assumed by the board of trustees of pension fund, subchapter two.
g. Notwithstanding any other provision of law to the contrary, for all
funding or accounting purposes, including but not limited to, the
funding or accounting purposes associated with the implementation of the
provisions of this section, the provisions of subparagraph (d) of
paragraph two of subdivision b of section 13-228 of this chapter or the
provisions of paragraph six of subdivision b of such section 13-228 of
this chapter or the provisions of paragraph six of subdivision b of such
section 13-228, the transfer of certain assets or liabilities to pension
fund, subchapter two as required by subdivision b, d or e of this
section to be made on July first, nineteen hundred ninety-five shall be
deemed to have been made on July first, nineteen hundred ninety-four,
and the payment of certain moneys to the general fund of the city as
required by subdivision c of this section to be made on and after July
first, nineteen hundred ninety-five shall be deemed to have been made on
and after July first, nineteen hundred ninety-four.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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