NYC Laws & Codes
Article 2 - None¶
Section 13-652¶
Section 13-652
§ 13-652 Definitions. As used in this article:
a. The term "city retired employee" shall mean a male who is
sixty-five years of age or older or a female person who is sixty-two
years of age or older, who was retired prior to January first, nineteen
hundred fifty-seven and receives, as a result of such retirement, a
retirement allowance or pension system or plan of the city, other than a
pension or retirement system for members of the uniformed force of the
police department or the fire department.
b. The term "police or fire retired employee" shall mean any person
who was retired before January first, nineteen hundred fifty-five and
receives, on or after the effective date of this subdivision as hereby
amended, as a result of such retirement, a retirement allowance or
pension from a retirement or pension system or plan of the city for
members of the uniformed force of the police department or fire
department.
c. The term "police or fire surviving spouse or dependent" shall mean
any person, other than a police or fire line-of-duty surviving spouse or
dependent, who is a surviving spouse or dependent or a minor child of a
deceased member or deceased retired member of a retirement or pension
system or plan of the city for members of the uniformed force of the
police department or fire department other than the pension fund
provided in subchapter two of chapter two of this title or in subchapter
two of chapter three of this title, and who is receiving a pension from
such system or plan on or after the effective date of this subdivision
as hereby amended as a result of being a surviving spouse, dependent or
a minor child of such deceased member or deceased retired member. If
more than one person are receiving pensions from such system or plan on
or after such date as a result of being surviving spouses, dependents or
minor children of the same deceased member or deceased retired member,
they shall collectively be deemed to be one "police or fire surviving
spouse or dependent" within the meaning of this article and any
supplemental retirement allowance granted to a "police or fire surviving
spouse or dependent" under this article 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.
d. The term "police or fire line-of-duty surviving spouse or
dependent" shall mean any person who (1) is a surviving spouse, a
dependent, or a minor child of a member of a retirement system or plan
of the city for members of the uniformed force of the police or fire
department who died prior to January first, nineteen hundred fifty-five,
and (2) on or after the effective date of this subdivision as hereby
amended, is receiving a pension from such system or plan pursuant to the
provisions of section 13-209, 13-244, 13-309 or 13-347 of this title. If
more than one such person are or shall be receiving pensions from such
system or plan on or after such date pursuant to any such section as a
result of being a surviving spouse or dependents or minor children of
the same deceased member, they shall collectively be deemed to be one
police or fire line-of-duty surviving spouse or dependent within the
meaning of this article and any supplemental retirement allowance
granted to a police or fire line-of-duty surviving spouse or dependent
under this article 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.
e. The term "street cleaning surviving spouse or dependent" shall mean
any person (1) who is a surviving spouse, a minor child or a dependent
parent of a deceased member or deceased retired member of the relief and
pension fund of the department of street cleaning of the city of New
York, and (2) who is receiving a pension on or after January first,
nineteen hundred sixty-six from such relief and pension fund as a result
of being a surviving spouse, a minor child or a dependent parent of such
deceased member or deceased retired member. If more than one person are
receiving pensions from such fund on or after such date as a result of
being surviving spouses, minor children or dependent parents of the same
deceased member or deceased retired member they shall collectively be
deemed to be one "street cleaning surviving spouse or dependent" within
the meaning of this article and a supplemental retirement allowance
granted to such a "street cleaning surviving spouse or dependent" under
this article 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 13-653¶
Section 13-653
§ 13-653 Supplemental retirement allowances. a. City retired
employees. Notwithstanding any other provision of law, any city retired
employee, who unless retired for disability had at least five years of
credited service at the time of his or her retirement, shall be entitled
to a supplemental pension payment to be known as a supplemental
retirement allowance payable annually in monthly installments in
accordance with the following provisions of this section:
1. The supplemental retirement allowance provided herein for city
retired employees shall be sixteen dollars and sixty-six cents per month
plus a percentage of the retirement allowance computed without optional
modification, based on the year of retirement, in accordance with the
schedule hereinafter set forth, provided, however, that no supplemental
retirement allowance shall:
(a) Exceed sixty-six dollars and sixty-six cents per month, or
(b) together with the retirement allowance received from IRT and BMT
pension and together with any retirement allowance received from IRT and
BMT pension plans, exceed one hundred eighty-three dollars and
thirty-three cents per month.
2. The supplemental retirement allowance for city retired employees
shall be computed in accordance with the following schedule:
Year of retirement per centum
1957 or thereafter......................None
1956....................................two
1955....................................three
1954....................................three
1953....................................four
1952....................................five
1951....................................seven
1950....................................fifteen
1949....................................fifteen
1948....................................fifteen
1947....................................twenty-five
1946....................................forty-five
1945....................................fifty-five
1944....................................sixty
1943....................................sixty-five
1942....................................seventy-five
1941....................................ninety
1940....................................one hundred
prior to 1940...........................one hundred
b. Police or fire retired employees. Notwithstanding any other provision
of law, any police or fire retired employee shall be entitled to a
supplemental pension payment to be known as a supplemental retirement
allowance payable annually, in monthly installments in an amount which,
together with pension or retirement allowance (exclusive of extra
service increments granted pursuant to section 13-208 or 13-307 of this
title or any other similar provision of law), computed without optional
modification, if any, received by such police or fire retired employee,
shall equal but not exceed two hundred twenty-five dollars per month;
provided, however, that the amount of such supplemental retirement
allowance shall not exceed eighty-three dollars and thirty-three cents
per month; and further provided however, that no such supplemental
retirement allowance shall be increased, to conform with the provisions
of this subdivision, by more than sixteen dollars and sixty-six cents
per month above the amount of such allowance as of December
thirty-first, nineteen hundred sixty-five.
c. Police or fire surviving spouse or dependent. Notwithstanding any
other provision of law, a police or fire surviving spouse or dependent,
shall be entitled to a supplemental pension payment to be known as a
supplemental retirement allowance payable annually in monthy
installments in an amount which, together with the pension received by
such police or fire surviving spouse or dependent shall equal but not
exceed one hundred six dollars and sixty-six cents per month, provided,
however that the amount of such supplemental retirement allowance shall
not exceed fifty-six dollars and sixty-six cents per month.
d. Police or fire line-of-duty surviving spouse or dependent.
Notwithstanding any other provision of law, a police or fire
line-of-duty surviving spouse or dependent shall be entitled to receive
on and after October first, nineteen hundred sixty-three a supplemental
pension payment, to be known as a supplementary retirement allowance,
payable annually in monthly installments in an amount which, together
with pension received by such police or fire line-of-duty surviving
spouse or dependent pursuant to section 13-209, 13-244, 13-309, or
13-347 of this title, shall equal but not exceed two hundred eight
dollars and thirty-three cents per month, provided however that the
amount of such supplemental retirement allowance shall not exceed
sixty-six dollars and sixty-six cents per month; and further provided
however, that no such supplemental retirement allowance shall be
increased by more than sixteen dollars and sixty-six cents per month
pursuant to the provisions of this subdivision, as hereby amended.
e. Notwithstanding any other provision of law, a street cleaning
surviving spouse or dependent shall be entitled to receive on and after
January first, nineteen hundred sixty-six, a supplemental pension
payment, to be known as a supplemental retirement allowance, payable
annually in monthly installments in an amount which together with the
pension received by such street cleaning surviving spouse or dependent
pursuant to section 13-610 of this title, shall equal but not exceed
ninety-eight dollars and thirty-three cents per month, provided,
however, that the amount of such supplemental retirement allowance shall
not at any time exceed forty-eight dollars and thirty-three cents per
month.
f. The supplemental retirement allowances provided for in this article
shall not be paid to any city retired employee or police or fire retired
employee or any police or fire surviving spouse or dependent or police
or fire line-of-duty surviving spouse or dependent or any street
cleaning surviving spouse or dependent for any period during which the
pension or retirement allowance of such city retired employee police or
fire retired employee, or police or fire surviving spouse or dependent,
or police or fire line-of-duty surviving spouse or dependent, or street
cleaning surviving spouse or dependent, or any part thereof is forfeited
or suspended pursuant to laws.
g. Any such city retired employee or police or fire retired employee
already receiving a supplemental pension under article one of this
subchapter shall continue to receive such supplemental pension or shall
receive the supplemental retirement allowance provided under this
article, whichever shall be greater.
Section 13-654¶
Section 13-654
§ 13-654 Payment of supplemental retirement allowances. On or before
the last day of each month, there shall be paid to each city retired
employee, police or fire retired employee, police or fire surviving
spouse or dependent, police or fire line-of-duty surviving spouse or
dependent and street cleaning surviving spouse or dependent, from the
supplemental pension fund, the monthly supplemental retirement allowance
payment to which he or she may be entitled under the provisions of this
article provided, however, that any supplemental retirement allowance of
less than fifty cents monthly shall be paid in a lump sum at the end of
the fiscal year.
Section 13-655¶
Section 13-655
§ 13-655 Rules and regulations. The board of estimate on
recommendation of the comptroller shall prescribe such rules and
regulations as may be required for the effective administration of the
provisions of this article relating to supplemental retirement allowance
payments to city retired employees or police or fire retired employees
or police or fire surviving spouses or dependents or police or fire
line-of-duty surviving spouses or dependents or street cleaning
surviving spouses or dependents.
Section 13-656¶
Section 13-656
§ 13-656 Information to be furnished to comptroller. The comptroller
shall have authority to require any department or agency of the city to
furnish him or her with such records, information and data as he may
need to carry out the provisions of this article.
Section 13-657¶
Section 13-657
§ 13-657 Supplemental pension fund. As used in this article, the
supplemental pension fund is the special fund as provided by section
13-650 of this chapter.
Section 13-658¶
Section 13-658
§ 13-658 Reimbursement by participating employers for payments for
certain city retired employees. a. The granting of supplemental
retirement allowances to city retired employees who retired from service
in the New York city housing authority, the New York city transit
authority or the triborough bridge and tunnel authority or any of the
public authorities consolidated with the triborough bridge and tunnel
authority, is conditioned upon the contribution by such employing
authority, or if the employing authority was a public authority
consolidated with the triborough bridge and tunnel authority, by the
triborough bridge and tunnel authority, to the cost of providing
supplemental retirement allowances to such city retired employees in the
manner provided in this section.
b. As soon as practicable after the close of each fiscal year of the
city, the comptroller shall determine the pro-rata cost of providing
such supplemental retirement allowance payments during such fiscal year
to be contributed by each such authority. Such pro-rata cost shall be
determined on the basis of a formula approved by the board of estimate.
c. The comptroller shall thereupon submit to the fiscal officer of
each such authority a statement of the amount to be contributed by it
pursuant to this article. Payment of the amount specified in the
comptroller's statement shall be made by such authority within sixty
days after the receipt thereof. If payment of the full amount of such
obligation is not made within sixty days after the receipt of such
statement, interest at the rate of four percentum per annum shall
commence to run against the unpaid balance thereof on the first day
after such sixtieth day.
d. All amounts received by the comptroller from such authorities
pursuant to this article shall be deposited in and credited to the
supplemental pension fund.
Section 13-659¶
Section 13-659
§ 13-659 Reimbursement of supplemental pension fund by the city. The
comptroller shall include with his or her budget estimate for each
fiscal year amounts estimated by him or her to be sufficient to
reimburse the supplemental pension fund for the cost of providing
supplemental retirement allowance payments during the current fiscal
year to all city retired employees (less the amount contributed by
public authorities with respect to those city retired employees who
retired from service with such public authorities as provided in section
13-658), to police or fire retired employees, police or fire surviving
spouses or dependents, police or fire line-of-duty surviving spouses or
dependents and street cleaning surviving spouses or dependents. If the
city shall fail to provide such funds all supplemental retirement
allowances authorized by this article shall be discontinued. If any
public authority specified in section 13-658 shall fail to provide the
contribution therein required only the supplementary retirement
allowance paid pursuant to this article to city retired employees
retired from the service of such authority and from the service of any
public authority consolidated with such authority shall be discontinued.
Section 13-660¶
Section 13-660
§ 13-660 Restriction on use of retirement or pension funds. No moneys
belonging to any publicly administered and operated retirement or
pension system or plan shall be appropriated or used for any purpose or
for any payment authorized or required by this article.
Section 13-661¶
Section 13-661
§ 13-661 Limitations on obligations. The supplemental retirement
allowances provided pursuant to this article shall not constitute
membership in a pension or retirement system nor shall the granting of
such allowances create a contractual relationship between the city or a
public authority and any city retired employee or between the city and
any police or fire retired employee or between the city and any police
or fire surviving spouse or dependent or between the city and any police
or fire line-of-duty surviving spouse or dependent or between the city
and any street cleaning surviving spouse or dependent.