Section 13-301
§ 13-301 Definitions. As used in this subchapter the following terms
shall mean and include:
1. "Member." A person who was an officer, member or probationary
member of the uniformed force of the department at the time when this
section shall take effect.
2. "Board of trustees." The board of trustees provided for in section
13-302 of this subchapter.
Section 13-302
§ 13-302 Board of trustees. a. A board of trustees shall be the head
of the New York fire department pension fund and, subject to the
provisions of law and to the prior approval of the board of estimate,
from time to time shall 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 fire commissioner who shall be chairperson of the board and who
shall be entitled to cast three votes.
2. The comptroller of the city who shall be entitled to cast three
votes.
3. A representative of the mayor who shall be appointed by the mayor
and who shall be entitled to cast three votes.
4. The commissioner of finance of the city who shall be entitled to
cast three votes.
5. The president of the uniformed firemen's association of greater New
York who shall be entitled to cast two votes.
6. The vice-president of the uniformed firemen's association of
greater New York who shall be entitled to cast two votes.
7. The treasurer of the uniformed firemen's association of greater New
York who shall be entitled to cast two votes.
8. The chairperson of the board of trustees of the uniformed firemen's
association of greater New York who shall be entitled to cast two votes.
9. Three elected members of the executive board of the uniformed fire
officers' association of the fire department, city of New York, of whom
one shall be an officer of the said department with rank above that of
captain and shall be entitled to cast one vote; another shall be a
captain of the said department and shall be entitled to cast one vote;
another shall be a lieutenant of the said department and shall be
entitled to cast one and one-half votes.
10. The president of the uniformed pilots and marine engineers
association, fire department, 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,
and shall have full power to invest the same, subject to the terms,
conditions, limitations and restrictions imposed by law upon savings
banks in the making and disposing of investments by savings banks, and,
subject to like terms, conditions, limitations and restrictions, such
board of trustees shall have full power to hold, purchase, sell, assign,
transfer or dispose of any of the securities or investments in which any
of the funds provided for by this subchapter shall have been invested as
well as of the proceeds of such investments and of any moneys belonging
to 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 fire commissioner shall assign to the board of trustees a
sufficient number of clerical and other assistants to permit the board
efficiently to exercise their powers and to perform their 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, six, seven,
eight and ten, respectively, of subdivision a of this section, shall be
members 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 or her 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, the 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 13-312.1 of this subchapter to the board of trustees of the
fire department pension fund provided for in subchapter two of this
chapter.
Section 13-303
§ 13-303 Composition. The New York fire department pension fund shall
consist of:
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 and fines imposed by the fire commissioner, from
time to time, upon any member or members by way of discipline.
3. All rewards, in money, fees, gifts, testimonials and emoluments
that may be paid or given for extraordinary services by any members,
except such as have been or shall be allowed by such commissioner, to be
retained by such member or members, and such as have been or shall be
given to endow a medal or other permanent or competitive reward.
4. All fines and proceeds of suit for penalties under title fifteen
and chapter four of title twenty-seven and all license fees payable
thereunder which may be paid in from or collected in the boroughs of
Manhattan, Brooklyn, Bronx, Queens and Staten Island except as is
otherwise provided in section 13-381 of this chapter.
5. All moneys, pay, compensation or salary or any part thereof
forfeited, deducted or withheld from any member or members, for or on
account of absence from duty, to be paid semi-monthly to the board of
trustees of such fund by the comptroller.
6. All gifts, grants, devises or bequests to such fund of any money,
real or personal property, right of property or other valuable thing.
7. All moneys received pursuant to section 11-909 of the code.
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 such 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 on or
before the fifteenth day of May, nineteen hundred forty-one, his or her
election to contribute on the basis of retirement either after twenty
years of service or after twenty-five years of service.
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 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. 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 13-312.1
of this subchapter.
Section 13-304
§ 13-304 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 allowance or pension as provided in this section. In every case
such board shall determine the circumstances thereof, and such pension
or allowance 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 or allowance 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 compensation allowed such member as salary
at the date of his or her retirement and in the case of a member acting
in a higher rank, an amount not to exceed three-quarters of the
compensation of such rank on the day such injury was suffered.
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 compensation allowed such member as salary
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 eight of
section 13-303 of this chapter, 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 13-321 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
uniformed force, the member so disabled shall be relieved by the
commissioner from active service at fires and assigned to the
performance of such light duties as a medical officer 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. Notwithstanding any other provisions of this code to the
contrary, any condition of impairment of health caused by diseases of
the lung, resulting in total or partial disability or death to a member
of the uniformed force, who successfully passed a physical examination
on entry into the service of such department, which examination failed
to reveal any evidence of such condition, shall be presumptive evidence
that it was incurred in the performance and discharge of duty, unless
the contrary be proved by competent evidence.
2-b. 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 eight of section 13-303 of this
chapter, 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 13-321 of this title, 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 compensation allowed 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 at
fires, but shall remain a member of the uniformed force, subject to the
rules governing such force, and be assigned to the performance of such
light duties as a medical officer 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 allowance to be
paid to such member shall be one-half of the annual compensation allowed
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 compensation allowed 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 at
fires, but shall remain a member of the uniformed force, subject to the
rules governing such force, and be assigned to the performance of such
light duties as a medical officer 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 allowance to be paid to
such member, shall be one-third of the annual compensation allowed 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 or compensation 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 or compensation 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 his or her full salary or compensation at the date of
his or her retirement from the 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. 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 of the members of such board.
g. 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.
h. 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.
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.
Section 13-305
§ 13-305 Service-incurred disability benefits in the case of
retirements prior to July first, nineteen hundred sixty-five. a.
Notwithstanding the provisions of section 13-304 of this chapter, in any
case where a pension was awarded under the provisions of such section,
or any predecessor 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, prior to July first, nineteen hundred sixty-five,
such member shall be entitled to a pension of not less than
three-fourths the annual salary or compensation payable to a first grade
fireman as of July first, nineteen hundred sixty-five. In the case of
any member receiving a pension less than three-fourths the annual salary
or compensation of a first grade firefighter as of July first, nineteen
hundred sixty-five, his or her pension will be increased to an amount
which will equal three-fourths the annual salary or compensation of a
first grade fireman as of July first, nineteen hundred 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 the pension which would otherwise be payable under
section 13-304 of this chapter or any other law.
c. The pension payable under this section shall be in lieu of any
pension which would otherwise be payable to the member under section
13-304 of this chapter.
d. Nothing in this chapter shall be construed as creating any rights
on behalf of any person who dies prior to October twenty-seventh,
nineteen hundred sixty-six, and benefits due thereunder shall be
calculated and paid only from such date.
Section 13-306
§ 13-306 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
deduction from the pay, salary or compensation of a member pursuant to
the provisions of this subchapter shall be reduced by two and one-half
per centum of such pay, salary or compensation of such member.
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 deduction from the pay, salary or compensation of a member pursuant
to the provisions of this subchapter shall be reduced by two and
one-half per centum of such pay, salary or compensation of such member.
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
deduction from the pay, salary or compensation of a member pursuant to
the provisions of this subchapter shall be reduced by two and one-half
per centum of such pay, salary or compensation of such member.
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 deduction from the pay, salary or
compensation of a member pursuant to the provisions of this subchapter
shall be reduced by two and one-half per centum of such pay, salary or
compensation of such member.
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 June
thirtieth, nineteen hundred sixty-eight, the deduction from the pay,
salary or compensation of a member pursuant to the provisions of this
subchapter shall be reduced by two and one-half per centum of such pay,
salary or compensation of such member.
(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 June thirtieth, nineteen hundred seventy-one, the deduction from
the pay, salary or compensation of a member pursuant to the provisions
of this subchapter shall be reduced by five percentum of such pay,
salary or compensation of such member.
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 deduction from the pay, salary or
compensation of a member pursuant to the provisions of this subchapter
shall be reduced by five per centum of such pay, salary or compensation
of such member.
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 deduction from the pay, salary or compensation of a
member pursuant to the provisions of this subchapter shall be reduced by
five per centum of such pay, salary or compensation of such member.
Section 13-307
§ 13-307 Extra service pension credits. Except as provided in
subdivisions a and b of section 13-304 of this chapter, a member who has
served the minimum period of time elected by him or her for retirement
may continue in the service. In such event and upon his or her
retirement for any cause whatsoever, there shall be added to his or her
annual pension to which he or she shall upon his or her retirement be
entitled an additional amount computed at the rate of one-sixtieth of
his or her final salary for each year of such additional service. Any
such member who has elected to contribute on the basis of retirement
after twenty years of service and who thereafter continues in the
service shall have his or her deductions made at the rate of five per
cent per annum after completing twenty-five years of service.
Section 13-308
§ 13-308 Credit for certain prior city service. Any person who was a
member of the New York city employees' retirement system, and whose
membership therein was terminated by his or her attaining membership in
the fire department pension fund, subchapter one, and who had withdrawn
his or her contributions to the New York city employees' retirement
system, shall receive credit in the said fire department pension fund
for prior creditable city service by paying into the said fire
department pension fund the amount of the employee contributions
required to have been paid into the New York city employees' retirement
system for such prior creditable city service, within two years after
this act shall take effect, provided, however, that no member of the
said fire department pension fund shall be eligible for retirement for
service until he or she has served in the fire department for a minimim
period of twenty or twenty-five years, according to the minimum period
of retirement elected by such member prior to the certification of his
or her rate of contribution.
Section 13-309
§ 13-309 Payment of pensions; death. a. The board of trustees of the
pension fund shall pay a pension out of such fund to the surviving
spouse, child or children or dependent parent or parents of any deceased
member of the uniformed force of such department, if the death of such
member occur during his or her service in such uniformed force, or after
he or she was retired from service in such uniformed 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 allowance 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 surviving
spouse who shall remarry, after such remarriage, or to any child after
it shall have reached the age of eighteen years.
b. In case any member of the uniformed 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 surviving spouse of such member an annual
allowance 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 or
compensation of such member at the date of his or her decease and in the
case of a member acting in a higher rank an amount not to exceed
one-half the salary or the compensation of such rank. If such member,
dying, leaves no surviving 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 allowance out of such fund, in an amount not
to exceed one-half of the salary or allowance of such member at the date
of his or her decease. The amount of such allowance to any surviving
spouse shall cease upon his or her death. Such annual allowance shall
cease upon the death or marriage of such child, or upon his or her
reaching the age of eighteen years. If such payment to the surviving
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 surviving spouse.
c. (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 c, 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 firefighter first grade 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 c
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 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 c shall be in lieu of any pension which
would otherwise be payable on or after January first, nineteen hundred
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 chapter, 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 13-310
§ 13-310 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
deductions without interest made from his or her pay, salary or
compensation pursuant to subdivision eight of section 13-303 of this
subchapter.
b. In the event that a member shall die before retirement and a
pension or allowance is not paid by the board of trustees pursuant to
section 13-309 of this subchapter, the amount of the deductions without
interest made from the pay, salary or compensation of such member
pursuant to subdivision eight of section 13-303 of this subchapter shall
be paid by such board to the beneficiary or beneficiaries, as such
member shall have nominated by signed designation 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 signed designation.
Section 13-311
§ 13-311 Time of payment of pensions. All pensions and allowances
payable out of the fire department pension fund pursuant to the
provisions of this subchapter shall be paid in equal monthly
installments, each one-twelfth, in amount, of the sum allowed as the
annual pension or allowance 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 13-312
§ 13-312 Exemption from tax and legal process. The right of a person
to a pension, an allowance, to the return of contributions, the pension
or allowance itself, any optional benefit, any other right accrued or
accruing to any person under the provisions of this subchapter and the
right to any benefit under subchapter five or subchapter six of this
chapter and any such benefit itself, and the moneys in the fund provided
for by this subchapter and in the funds provided for by such subchapter
five and subchapter six, 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 any
such subchapter specifically provided.
Section 13-312.1
§ 13-312.1 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 fire department pension fund
provided for in this subchapter.
2. "Pension fund, subchapter two". The fire department pension fund
provided for in subchapter two of this chapter.
3. "Fire 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 provision 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 13-303 of this subchapter or any other provision of law, or
from any other source whatsoever, shall instead be paid to the general
fund of the city established pursuant to section one hundred nine of the
charter.
d. Subject to the provision 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 fire subchapter one beneficiaries, shall
be transferred to and assumed by pension fund, subchapter two, and such
benefits payable to fire 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 fire subchapter one beneficiaries
shall be transferred to and assumed by pension fund, subchapter two, and
such supplemental benefits payable to such fire 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 13-331 of this chapter or the
provisions of paragraph six of subdivision b of such section 13-331, 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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