NYC Laws & Codes
Subchapter 1 - RELIEF AND PENSION FUND OF THE DEPARTMENT OF STREET CLEANING¶
Section 13-601¶
Section 13-601
§ 13-601 Organization and membership. The relief and pension fund of
the department of street cleaning as now constituted shall be continued
only for the benefit of members of such fund on December first, nineteen
hundred twenty-nine, and the widows, orphans and dependent parents of
such members, as hereinafter provided.
Section 13-602¶
Section 13-602
§ 13-602 Continuance of status in fund. A member of the relief and
pension fund of the department of street cleaning appointed to a
position in the exempt class in the department of sanitation shall
continue to have the same rights, privileges, obligations and status
with respect to such fund.
Section 13-603¶
Section 13-603
§ 13-603 Composition of fund. The relief and pension fund of the
department of street cleaning 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 thirty-eight.
2. A sum of money equal to, but no greater than, three per cent of the
weekly or monthly pay, salary or compensation of each member, which sum
shall be deducted, weekly or monthly, as the case may be, by the
comptroller from the pay, salary or compensation, of each and every
member, and such comptroller is hereby authorized, empowered and
directed to deduct such sum of money, and to pay the same monthly to the
treasurer and trustee of the relief and pension fund of the department
of street cleaning.
3. All money, pay, compensation or salary, or any part thereof,
forfeited, deducted or withheld from any member on account of fines,
suspensions or absence for any cause, loss of time, sickness or other
disability, physical or mental, to be paid monthly by the comptroller to
the treasurer and trustee of such fund, except in the case of a sweeper,
driver, or other employee who may have been sick or absent for any
cause, and whose position has been filled by an extra sweeper, driver,
or other temporary employee, to whom compensation has been paid.
4. All moneys received for the privilege of scow trimming or assorting
of refuse at the various dumps in the city, or at any other place where
refuse may be disposed of.
5. All moneys received from the sale of steam or house ashes, garbage
and refuse, collected by the department of sanitation, and any moneys
that may be received for the disposal of such steam or house ashes,
garbage or refuse.
6. So much of the proceeds of sales of unharnessed trucks, carts,
wagons and vehicles of any description, and of all boxes, barrels, bales
or other merchandise, or other movable property, found in any public
street or place and removed therefrom by the commissioner of sanitation
under any provision of law authorizing such commissioner to remove and
to sell such incumbrances, as exceeds the necessary expense of the sales
of such condemned property or unredeemed incumbrances and which is not,
under such provision of the law, paid to the lawful owner or owners of
such incumbrances sold, and all moneys collected for the release of
merchandise, unharnessed vehicles or movable property so removed.
7. All gifts or bequests which may be made to such fund or the
commissioner of sanitation as treasurer and trustee of such fund. Such
commissioner is hereby authorized and empowered to take and hold such
gifts or bequests for the use of such fund.
8. In case the amount derived from the different sources included in
this section shall not be sufficient at any time to enable the trustee
of the fund to pay in full the pensions which have been or which may
hereafter be granted, it shall be the duty of the commissioner of
sanitation each year at the time of making up the departmental estimate,
to prepare a full and detailed statement of the assets of such fund and
the amount which is required to pay in full all such pensions, and to
present the same to the director of the budget, together with a
statement of the amount of money required to enable such treasurer and
trustee to pay such pensions in full. There shall be included annually
in the budget a sum sufficient to provide for such deficiency. The
comptroller shall pay over the money so provided to the trustee of the
relief and pension fund.
Section 13-604¶
Section 13-604
§ 13-604 Relief from contributions. The board of estimate is
authorized to adopt a resolution providing that the deduction from the
pay, salary or compensation of a member made pursuant to this subchapter
shall be reduced to one-half of one per centum instead of three per
centum or that no such deduction at all need be made and that no
contribution in lieu thereof need be made by such a member during the
one-year period commencing July first, nineteen hundred sixty-two.
Section 13-605¶
Section 13-605
§ 13-605 Relief from contributions. The mayor is authorized to adopt
an executive order providing that the deduction from the pay, salary or
compensation of a member made pursuant to this subchapter shall be
reduced to one-half of one per centum instead of three per centum or
that no such deduction at all need be made and that no contribution in
lieu thereof need be made by such a member during the one-year period
commencing July first, nineteen hundred sixty-three.
Section 13-606¶
Section 13-606
§ 13-606 Relief from contributions. a. The mayor is authorized to
adopt an executive order providing that no deduction from the pay,
salary or compensation of a member pursuant to this subchapter need be
made and that no contribution in lieu thereof need be made by such a
member during the one-year period commencing July first, nineteen
hundred sixty-four.
b. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred sixty-five.
c. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred sixty-six.
d. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred sixty-seven.
e. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing with
July first, nineteen hundred sixty-eight.
f. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred sixty-nine.
g. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred seventy.
h. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred seventy-one.
i. The mayor is authorized to adopt an executive order providing that
no deduction from the pay, salary or compensation of a member pursuant
to this subchapter need be made and that no contribution in lieu thereof
need be made by such a member during the one-year period commencing July
first, nineteen hundred seventy-two.
Section 13-607¶
Section 13-607
§ 13-607 Trustee of fund. The commissioner of sanitation shall be the
treasurer and trustee of such relief and pension fund. Before entering
upon his or her duties as such treasurer and trustee, he or she shall
deliver to the comptroller a bond in the penal sum of seventy-five
thousand dollars, to be approved by the comptroller, conditioned for the
faithful discharge and performance of his or her duties as such
treasurer and trustee. Compensation shall be made to him or her for the
expense of procuring sureties for such bond to be paid out of such fund.
Section 13-608¶
Section 13-608
§ 13-608 Duties of trustee. a. Such treasurer and trustee shall have
charge of and administer such fund. He or she shall receive all moneys
applicable to such fund, and, from time to time, shall invest such
moneys, or any part thereof, in any manner allowed by law for
investments by savings banks, as he or she shall deem beneficial to such
fund. He or she is empowered to make all necessary contracts and to
conduct necessary and proper actions and proceedings in the premises,
and to pay from such fund the relief or pensions granted in pursuance of
this subchapter. He or she is authorized and empowered from time to
time, to establish such rules and regulations for the disposition and
investment, preservation and administration of such fund as he or she
may deem best. No payment whatever shall be allowed or made by such
treasurer and trustee from such fund as reward, gratuity or compensation
to any person for salary or service rendered to or for such treasurer
and trustee, except payment of necessary legal expenses and compensation
as aforesaid for the expense of procuring sureties on his or her bond.
b. The commissioner of sanitation, as such treasurer and trustee may
employ the members of the clerical force in such clerical work as may be
necessary for the care and administration of such fund as a part of
their regular duties and without extra compensation.
c. Such commissioner is authorized and empowered to make and enforce
all such rules, orders and regulations as may be necessary to carry out
the provisions of this subchapter relative to pensions, and may employ
members of the department for such purpose so far as may be required.
Section 13-609¶
Section 13-609
§ 13-609 Reports and audits. a. On or before the first day of February
of each year, such treasurer and trustee shall make a verified report to
the mayor containing a statement of the account of such fund under his
or her control and of all receipts, investments and disbursements, on
account of such fund, together with the name and residence of each
beneficiary.
b. There shall be an auditing committee, consisting of three members,
to be appointed by the mayor. Such committee, annually on or before
March first, shall examine the condition of such fund, audit the
accounts of such treasurer and trustee and make report thereon to the
mayor within thirty days thereafter.
Section 13-610¶
Section 13-610
§ 13-610 Payment of pensions; disability; death. a. The commissioner
of sanitation shall have power in his or her discretion, as hereinafter
provided, to retire and dismiss any member from service in his or her
department. The commissioner shall grant relief or a pension to such
member so retired and dismissed, and to the spouses and orphans of
members who may be entitled to receive such relief or pension, to be
paid from such fund, in monthly installments, as follows:
1. To any such member who, at any time, while in the actual
performance of duty, and without fault or misconduct on the part of such
member, has become permanently disabled, physically or mentally, so as
to be unfit to perform the duties required of such member, provided that
such unfitness for duty has been certified to by a majority of the
medical examiners of such department, the sum of fifty dollars per
month.
2. To the spouse of any member who has been killed while in the actual
performance of his or her duty, or has died from the effects of any
injury received while in the actual performance of such duty, the sum of
six hundred dollars per annum; and to the spouse of any member who has
died and who has been ten years in the service in such department or in
the former department of street cleaning, or both such departments, at
the time of his or her death, or who, after having been retired on a
pension, as hereinafter provided, if there shall be no child or children
of such member under eighteen years of age, the sum of six hundred
dollars per annum, in the discretion of such treasurer and trustee. If
there be such child or children of such member under the age aforesaid,
then such sum may be divided between such spouse, child or children in
such proportion and in such manner as such treasurer and trustee may
direct. The right of such spouse to such pension shall cease and
terminate at his or her death or remarriage; or if he or she shall have
been guilty of conduct which in the opinion of such treasurer and
trustee renders payment inexpedient.
3. To any child or children under eighteen years of age of such member
so killed or dying, or dying after retirement leaving no spouse, or if a
spouse, then after her death or remarriage or loss of pension due to
conduct aforesaid, the sum of six hundred dollars per annum to be paid
as such treasurer and trustee shall direct until such child or children
shall have attained the age of eighteen years or shall have married.
4. To the dependent parent or parents of any such member who has died
and dying leaves no spouse surviving him or her or child under the age
of eighteen years the sum of six hundred dollars per annum, for their
support, divided between them to or either one as such treasurer and
trustee may direct, to cease as to the one dying upon his or her death
or after the death of one to be continued to the other in such sum as
the treasurer and trustee may direct, to cease as to either upon
remarriage.
b. Notwithstanding the provisions of this section or any other
provision of law, a person who is a spouse, minor child or dependent
parent of any member who shall die or retire after the effective date of
this subdivision as hereby enacted, and who, as a result of the death of
such member or retired member, receives a pension pursuant to paragraph
two, three or four of subdivision a of this section, shall receive in
addition to such pension, a supplemental pension payment to be known as
a supplemental pension, payable annually in monthly installments in an
amount which, together with the pension received by such spouse, minor
child or dependent parent pursuant to paragraph two, three or four of
subdivision a of this section, shall equal but not exceed ninety-eight
dollars and thirty-three cents per month, provided, however, that the
amount of such supplemental pension shall not exceed forty-eight dollars
and thirty-three cents per month. Such supplemental pension payment,
however, shall not extend beyond December thirty-first, nineteen hundred
sixty-five. If more than one such person shall receive pensions pursuant
to paragraph two, three or four of subdivision a of this section on or
after the date of death of such member or retired member as a result of
being a spouse, minor child or dependent parent of the same deceased
member or deceased retired member, they shall collectively be deemed to
be one person receiving one pension within the meaning of this
subdivision and a supplemental pension granted to such persons
collectively under this subdivision shall be divided among such persons
in the same proportion as the pensions received by them and shall be
subject to termination upon the same terms and conditions as govern the
termination of such pensions.
Section 13-611¶
Section 13-611
§ 13-611 Retirement for service. Any member who has performed duty for
a period of ten years or upwards shall be relieved and dismissed from
such force upon his or her own application, or by order of the
commissioner, upon an examination by the medical examiners of such
department, to be made at any time when so applied for or when so
ordered, if a majority of such medical examiners certify that such
member is permanently disabled, physically or mentally, so as to be
unfit for duty. Such member so relieved and dismissed from such force
shall be paid from such fund in monthly installments during his or her
lifetime a sum not less than one-half of the annual salary or
compensation of such member when so retired. A member who has performed
duty on such force for a period of twenty-five years or upwards, whether
continuous or rendered during different periods, upon the application of
such member in writing, 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 relieved and dimissed from such force and
service and shall be paid from such fund in monthly installments during
his or her lifetime a sum not less than one-half of the annual salary or
compensation of such member when so retired, provided 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 been forfeited, and
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. No member
shall be retired or granted a pension while there are charges of
official misconduct pending against him or her. Pensions granted under
this section shall be for the life of the pensioner, and shall not be
revoked, repealed or diminished.
Section 13-612¶
Section 13-612
§ 13-612 Pension after service as commissioner or deputy commissioner.
Any member who has performed duty in the uniformed force of the
department of street cleaning or sanitation for a period of twenty years
and upwards and as commissioner or deputy commissioner of street
cleaning or sanitation for a period of eighteen months or upwards, six
months of which period must have been served after May twenty-second,
nineteen hundred twenty-three, upon payment by him or her to the relief
and pension fund of the department of street cleaning of three per cent
of his or her salary as such commissioner or deputy commissioner, as the
case may be, from the date of his or her appointment as such to the date
of his or her retirement, may be retired by the mayor and placed upon
the pension roll of the relief and pension fund of the department of
street cleaning and granted an annual pension equal in amount to
one-half the salary of commissioner or deputy commissioner as the case
may be, at the time of such retirement. In the event that any such
commissioner or deputy commissioner is a member of any other retirement
system in the city, it is hereby directed that his or her membership be
transferred from such other system to the relief and pension fund of the
department of street cleaning, and that all deductions theretofore made
from his or her compensation as commissioner or deputy commissioner as
the case may be, to the fund of such other retirement system, be
refunded to him or her.
Section 13-613¶
Section 13-613
§ 13-613 Exemption from execution and process. The moneys or other
property of the relief and pension fund of the department of street
cleaning and all pensions or relief moneys granted and payable from such
fund shall be, and the same are, exempt from levy and sale under
execution, and from all processes or proceedings to enjoin payment, or
to recover such moneys or property, by or on behalf of any creditor or
other person having or asserting any claim against, or debt or liability
of any person entitled to such pension or relief.
Section 13-614¶
Section 13-614
§ 13-614 Termination of membership; transfer to New York city
employees' retirement system. a. Notwithstanding any other provision of
law, any officer or employee of the department of sanitation who is a
member of or entitled to membership in the relief and pension fund, and
who, prior to the eighteenth day of May, nineteen hundred fifty,
executed and filed an application for membership in the New York city
employees' retirement system and made contributions to such retirement
system in the same manner as a member thereof, may, prior to the first
day of January, nineteen hundred fifty-two, elect to become a member of
the New York city employees' retirement system by complying with the
following conditions:
1. He or she shall file with the secretary of such retirement system a
duly executed and acknowledged instrument of election renouncing all
rights in the relief and pension fund, and
2. If the accumulated deductions of such officer or employee in such
retirement system have been withdrawn or refunded, he or she shall pay
into such retirement system the amount thereof, together with further
interest thereon at an unchanged rate from the time of withdrawal or
refund, and
3. If such officer or employee cease making contributions to such
retirement system by reason of being entered on the rolls of the relief
and pension fund as a member thereof, he or she shall pay into the New
York city employees' retirement system the amount of accumulated
deductions, computed to the time of payment, which would have been
produced during such period of non-contribution by the contributions
which would have been payable during such period if such officer or
employee had been then a member of such retirement system.
b. Upon compliance by any such officer or employee with the conditions
specified in subdivision a of this section, all rights in the relief and
pension fund of such officer or employee shall terminate, and he or she
shall become a member of the New York city employees' retirement system.
The membership of such officer or employee in such system shall be
deemed to have originally begun on the date when it would have begun (as
determined by the commencement of the period with respect to which such
officer or employee made contributions to such retirement system) if
such officer or employee had been eligible for membership in such
retirement system at the time of his or her original appointment to the
department of street cleaning; provided that any such officer or
employee shall be credited as a member of such retirement system with
all periods of service which would have been credited to such officer or
employee (including service credit purchased) if his or her membership
in such retirement system had actually begun on the date when it is
deemed to have begun as above provided. For the purpose of this section,
the term "service" shall mean service (1) for which such officer or
employee was paid and (2) with respect to which equivalent accumulated
deductions (i) are on deposit in such retirement system to the credit of
such officer or employee at the time of the enactment of this section,
or (ii) are paid into such retirement system by such officer or employee
pursuant to the provisions of paragraphs two and three of subdivision a
of this section.
c. Any sum in the relief and pension fund representing contributions
thereto by any such officer or employee making such election, together
with interest thereon, if such interest was theretofore paid into such
fund by or for the account of any such officer or employee, shall be
transferred to the New York city employees' retirement system and shall
be credited toward any payments required to be made by him or her under
the provisions of paragraphs two and three of subdivision a of this
section.
d. No such officer or employee making such election shall acquire any
greater rights in such retirement system than he or she would possess if
he or she had actually become a member thereof at the time when his or
her membership is deemed to have commenced under the provisions of
subdivision b of this section.
e. The privilege of electing to become a member of the New York city
employees' retirement system conferred by this section shall apply only
to living persons who qualify for the exercise of such privilege under
this section.