NYC Laws & Codes
Subchapter 3 - HEALTH DEPARTMENT PENSION FUND¶
Section 13-616¶
Section 13-616
§ 13-616 Organization and membership. The health department pension
fund as now constituted shall be continued only for the benefit of
members of such fund on October first, nineteen hundred twenty.
Section 13-617¶
Section 13-617
§ 13-617 Composition of fund. a. The health department pension fund
shall consist of the following:
1. The capital, interest, income, dividends, cash, deposits,
securities and credits in such fund on the day this section, as amended,
shall take effect.
2. Except as provided in subdivision c of this section, all moneys
collected from fines and penalties for violations of the health code or
health laws in the city, including fines for violations of orders issued
pursuant to sections 17-104, 17-107, 17-108 and 17-165 of the code and
all moneys received from the issuance or granting of permits by the
board of health of the department of health and mental hygiene and by
the commissioner of health and mental hygiene pursuant to the health
code.
3. A sum of money equal to but not greater than one percent of the
monthly pay, salary or compensation of each member of such fund, which
sum shall be deducted semi-monthly by the comptroller from the pay,
salary or compensation of each member, and such comptroller is hereby
authorized, empowered and directed to deduct such sum of money, and
forthwith to pay the same to the board of trustees of the health
department pension fund.
4. If the assets in the sources enumerated in paragraphs one and three
of this subdivision shall be insufficient, during an ensuing fiscal
year, to pay all pensions, allowances, benefits, grants, awards and
payments pursuant to this subchapter during such fiscal year, it shall
be the duty of the board of trustees at the time of submitting its
estimate to the director of the budget for such year, to submit a full
and detailed statement of the assets of such fund and the amount
required, during such year, to pay all such sums in full. There shall be
included in the budget for such year a sum sufficient to provide for
such deficiency. The comptroller shall pay the money so provided to the
board of trustees.
b. All such moneys collected by the department, officers, clerks,
judges of the criminal courts and courts shall be paid to the
commissioner of finance within thirty days after such payment. Except as
provided in subdivision c of this section, such moneys shall be paid
over to the board of trustees of the health department pension fund.
c. In the event that the assets in the sources enumerated in
paragraphs one and three of subdivision a of this section shall be
sufficient, during an ensuing fiscal year, to pay all pensions,
allowances, benefits, grants, awards, and payments pursuant to this
subchapter during such fiscal year or when the city shall make
appropriation for such year pursuant to paragraph four of subdivision a
of this section, the moneys collected during such year pursuant to
paragraph two of subdivision a and subdivision b of this section shall
be paid into the general fund of the city.
d. In the event that the assets in the fund at the end of the fiscal
year terminating June thirtieth, nineteen hundred forty-one, shall
exceed the amount required to pay all pensions, allowances, benefits,
grants, awards and payments pursuant to this subchapter during the next
fiscal year, the surplus therein shall be paid into the general fund.
Section 13-618¶
Section 13-618
§ 13-618 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
need not 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-two.
Section 13-619¶
Section 13-619
§ 13-619 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 need not 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-three.
Section 13-620¶
Section 13-620
§ 13-620 Relief from contributions. a. 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 need
not 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-four.
b. 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 need not 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-five.
c. 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 need not 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-six.
d. 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 need not 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-seven.
e. 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 need not 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 13-621¶
Section 13-621
§ 13-621 Trustees of fund. The board of estimate shall be the board of
trustees of the health department pension fund.
Section 13-622¶
Section 13-622
§ 13-622 Duties of trustees. Such board of trustees shall have charge
of and administer such fund. From time to time such board shall invest
the same, or any part thereof, as they shall deem most beneficial to
such fund and shall liquidate the assets of such fund to provide moneys
to make payments pursuant to the provisions of this subchapter. Such
board is empowered to make all necessary contracts, take all necessary
and proper actions and proceedings in the premises; and make payments
from such fund of pensions, allowances, benefits, grants, awards and
payments granted in pursuance of this subchapter. Such trustees from
time to time shall establish such rules and regulations for the
administration of such fund as they may deem best. No payments whatever
shall be allowed to, or made by, such trustees as reward, gratuity or
compensation to any person for salary or services rendered to, or for,
such board of trustees.
Section 13-623¶
Section 13-623
§ 13-623 Reports. Such board of trustees shall report in detail to the
mayor annually in the month of January, the condition of such fund and
the items of their receipts and disbursements on account of the same.
Section 13-624¶
Section 13-624
§ 13-624 Pension for service. a. Any member who has or shall have
performed duty in the department of health, for a period of twenty years
or upwards, upon his or her own written application to and filed with
the board of trustees, setting forth at what time, not less than thirty
days subsequent to the execution and filing thereof, he or she desires
to be retired, or upon a certificate and report of a board of
physicians, appointed by the board of health, certifying that such
member is permanently disabled so as to be unfit for further duty in
such department, or upon attaining the age of seventy years, shall be
retired from active service by resolution of the board of estimate, as
of the date specified in said application, or certificate, or upon
attaining such seventieth year, and shall be placed upon the health
department pension roll, 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 have 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. A member in city-service, however, who
has or shall have attained the age of seventy years, upon the approval
of the commissioner of health, may request the board of estimate to be
continued in the public service for a period of two years and such
board, where advantageous to the public service, may grant such request
for such period, not exceeding two years as such board may determine. At
the termination of such additional period of service, such board in like
manner may permit such employee to continue in the public service for
successive two year periods or any portion thereof. In no case shall
public service be continued after a member shall have attained the age
of eighty years. Any member placed upon the health department pension
roll under the provisions of this section shall be awarded, granted and
paid from such fund by the trustees thereof an annual sum during his or
her lifetime equal to one-half of the annual salary received by such
member at the time of retirement plus one and one-half per centum of the
annual salary received by him or her each year subsequent to the
completion of his or her thirtieth year of service, provided that
paid-for service before October first, nineteen hundred twenty shall be
credited whether in the department of health or in any other city
department.
b. Pensions granted under this section shall be for the life of person
receiving the same, and shall not be revoked, repealed or diminished.
c. When a member has been awarded and granted a pension pursuant to
the provisions of this section and shall die prior to receiving payments
from such pension fund equal to the compensation earned by him or her in
the city service while a member during the twelve months immediately
preceding his or her retirement, there shall be paid by the trustees of
the pension fund to his or her estate, or to such person as he or she
has nominated or shall nominate by written designation duly executed and
filed with the board of trustees during his or her lifetime, a sum of
money equal to the difference between the compensation earned by him or
her in the city service while a member during the twelve months
immediately preceding his or her retirement and the total payments
received by him or her from such pension fund.
Section 13-625¶
Section 13-625
§ 13-625 Ordinary death benefits. Upon the death of a member in city
service, there shall be paid to his or her estate, or to such person as
he or she has nominated or shall nominate by written designation duly
executed and filed with the board of trustees during the lifetime of the
member, a sum of money equal to the compensation earnable by him or her
in the city service, while a member during the twelve months immediately
preceding his or her death.
Section 13-626¶
Section 13-626
§ 13-626 Order of discontinuance of pension in certain cases. The
board of trustees, in its discretion, may order any pension granted or
any part thereof to cease, except as provided in section 13-624 of this
chapter, but in all such cases such board shall make a written statement
of the causes determining such action. Such statement shall be entered
in the minutes of the board of trustees. Nothing in this subchapter or
in any other act, shall render the granting or payment of such pension
obligatory upon the trustees, or chargeable as a matter of right upon
such fund, except as provided in section 13-624 of this chapter.
Section 13-627¶
Section 13-627
§ 13-627 Exemption from tax and legal process. The right of a person
to a pension, allowance, benefit, grant, award or payment heretofore or
hereafter granted or any other right accrued or accruing to any person
under the provisions of this subchapter and the money in the funds
provided for by this subchapter, are hereby exempt from any state or
municipal tax, shall be unassignable hereafter, and shall not be subject
to execution, garnishment, attachment or any other process whatsoever.
Section 13-628¶
Section 13-628
§ 13-628 Guaranty of funds. All pensions, allowances, benefits,
grants, awards or payments and any other benefits heretofore or
hereafter granted under the provisions of the health department pension
fund or of this subchapter, are hereby made obligations of the city.