NYC Laws & Codes
Article 5 - SUPPLEMENTAL RETIREMENT ALLOWANCES FOR CERTAIN RETIREES OF THE NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM AND OF THE TEACHERS’ AND BOARD OF EDUCATION¶
Section 13-680¶
Section 13-680
§ 13-680 Supplemental retirement allowances based on consumer price
index. a. As used in this article, the following terms shall mean and
include:
1. "Other-than-disability retiree". A person who retired prior to
January first, nineteen hundred eighty as a member of the New York city
employees' retirement system, the New York city teachers' retirement
system or the board of education retirement system of the city, other
than for disability, and who is receiving a retirement allowance by
reason of such retirement.
2. "Disability retiree". A person who retired prior to January first,
nineteen hundred eighty as a member of any retirement system mentioned
in paragraph one of this subdivision a, for disability, and who is
receiving a retirement allowance by reason of such retirement.
3. "Supplemental pension fund". The supplemental pension fund provided
for by section 13-650 of this chapter.
4. "Comptroller". The comptroller of the city.
5. "Qualified retiree". A disability retiree or other-than-disability
retiree who is entitled to receive a supplemental retirement allowance
under the provisions of this article.
6. "Qualified authority retiree". A qualified retiree who retired from
service:
(a) with the New York city housing authority; or
(b) with the New York city transit authority or any predecessor board
or body having powers or duties to which the New York city transit
authority succeeded; or
(c) with the triborough bridge and tunnel authority or any authority
consolidated with the triborough bridge and tunnel authority.
7. "Authority responsible for supplementation".
(a) Where used in relation to a qualified authority retiree who
retired from service with the New York city housing authority, such term
shall mean the New York city housing authority.
(b) Where used in relation to a qualified authority retiree who
retired from service with the New York city transit authority or any
predecessor board or body having powers or duties to which the New York
city transit authority succeeded, such term shall mean the New York city
transit authority.
(c) Where used in relation to a qualified authority retiree who
retired from service with the triborough bridge and tunnel authority or
any authority consolidated with the triborough bridge and tunnel
authority, such term shall mean the triborough bridge and tunnel
authority.
8. "Fixed portion of the annual retirement allowance". That part of
the total annual retirement allowance, which part does not include a
variable annuity or a variable pension as provided for in the variable
annuity program, if any, of a retirement system mentioned in paragraph
one of subdivision a of this section.
9. "Base amount". That part of the fixed portion of the annual
retirement allowance, when such allowance is computed without optional
modification, which part does not exceed ten thousand five hundred
dollars.
10. "Surviving spouse who is a designated annuitant." A person (a) who
is the spouse of a retiree of any retirement system mentioned in
paragraph one of this subdivision, and (b) who, by reason of the death,
occurring prior to calendar year nineteen hundred eighty, of such
retiree, receives an annuity or pension pursuant to any of the following
provisions of the code: (A) subdivision four of section 13-151 of the
code; (B) option 1 or option 4 of section 13-177 of the code; (C)
subdivision two of section 13-545 of the code or option I or option IV
under subdivision four of section 13-545 of the code; or (D) option I
(including option Ia and option Ib) or option IV of section 13-558 of
the code.
b. A supplemental retirement allowance determined pursuant to this
section shall be payable:
(1) to disability retirees who retired prior to April first, nineteen
hundred seventy under a retirement plan in effect prior to December
twenty-ninth, nineteen hundred sixty-seven, commencing with a payment
for the month of July, nineteen hundred eighty-one, and continuing
thereafter; and
(2) to the other-than-disability retirees who retired prior to April
first, nineteen hundred seventy under a retirement plan in effect prior
to December twenty-ninth, nineteen hundred sixty-seven, commencing with
a payment for the later of the month of July, nineteen hundred
eighty-one or the month of July next following the twelve-month period
ending June thirtieth in which such retiree shall have attained age
sixty-two and continuing thereafter.
c. Such supplemental retirement allowance for those qualified retirees
who retired prior to January first, nineteen hundred sixty-eight under a
retirement plan in effect prior to December twenty-ninth, nineteen
hundred sixty-seven shall include an amount computed by multiplying the
base amount by a percentage determined on the basis of the consumer
price index (all items United States city average) published by the
United States Bureau of Labor Statistics.
d. (1) The percentage referred to in subdivision c of this section
shall be determined as the ratio of two indexes, in the manner
prescribed by this subdivision d.
(2) The average of the twelve monthly consumer price indexes of the
calendar year nineteen hundred sixty-nine, divided by the average of the
twelve monthly consumer price indexes of the calendar year of
retirement, shall be the ratio of the indexes.
(3) Such ratio, minus one, shall be expressed as a percentage and
shall be adjusted to the lower one-tenth of one percentum. Such adjusted
percentage shall be the percentage of the base amount which is payable
as a supplement included in a supplemental retirement allowance as
provided for in subdivision c of this section. However, no such
supplement shall be paid where such percentage is less than three
percentum. Such percentage for a person who retired prior to October
first, nineteen hundred fifty-seven shall be increased by one hundred
percentum thereof and the adjusted percentage shall be further adjusted
to the lower one-tenth of one percentum. Such percentage shall be
computed by the actuary and certified to the comptroller who shall, by
directive, promulgate a schedule of percentages by year of retirement to
be used for this purpose.
e. (1) commencing with a payment for the month of July, nineteen
hundred eighty-one and continuing thereafter, there shall be payable to
each qualified retiree who retired prior to January first, nineteen
hundred sixty-eight under a retirement plan in effect prior to December
twenty-ninth, nineteen hundred sixty-seven, a supplemental retirement
allowance which shall consist of the sum obtained by adding together:
(a) the amount determined for such retiree pursuant to the provisions
of subdivisions c and d of this section; and
(b) the product obtained by multiplying the base amount for such
retiree by the percentage thereof applicable to such retiree, as
determined by the year of retirement in accordance with the schedule set
forth in paragraph two of this subdivision e.
(2) The schedule referred to in paragraph one of this subdivision e is
as follows:
Year of retirement Percentage
__________________ __________
1967 twenty-three
1966 twenty-four
1965 twenty-four
1964 twenty-five
1963 twenty-five
1962 twenty-six
1961 twenty-six
1960 twenty-seven
1959 twenty-seven
1958 twenty-seven
1957 twenty-seven
1956 twenty-eight
1955 twenty-eight
1954 twenty-eight
1953 twenty-eight
1952 twenty-eight
1951 and earlier twenty-nine
(3) Commencing with a payment for the month of July, nineteen hundred
eighty-one and continuing thereafter, there shall be payable to each
qualified retiree who retired on or after January first, nineteen
hundred sixty-eight and before April first, nineteen hundred seventy
under a retirement plan in effect prior to December twenty-ninth,
nineteen hundred sixty-seven, a supplemental retirement allowance equal
to the product obtained by multiplying the base amount for such retiree
by the percentage thereof applicable to such retiree, as determined by
the date of retirement in accordance with the schedule set forth in
paragraph four of this subdivision e.
(4) The schedule referred to in paragraph three of this subdivision e
is as follows:
Date of retirement Percentage
__________________ __________
April 1, 1969 to and
including March 31, 1970 twenty-one
January 1, 1968 to and
including March 31, 1969 twenty-two
(5) Commencing with a payment for the month of July, nineteen hundred
eighty-one and continuing thereafter, there shall be payable to each
disability retiree who retired on or after July first, nineteen hundred
sixty-eight and before April first, nineteen hundred seventy, under a
retirement plan other than a retirement plan in effect prior to December
twenty-ninth, nineteen hundred sixty-seven, a supplemental retirement
allowance equal to the product obtained by multiplying the base amount
for such retiree by the percentage thereof applicable to such retiree,
as determined by the date of retirement in accordance with the schedule
set forth in paragraph seven of this subdivision e.
(6) (a) Each other-than-disability retiree who retired on or after
December twenty-ninth, nineteen hundred sixty-seven and prior to April
first, nineteen hundred seventy under a retirement plan other than a
retirement plan in effect prior to December twenty-ninth, nineteen
hundred sixty-seven shall be entitled to receive, for the period
provided for by subparagraph (b) of this paragraph six, a supplemental
retirement allowance equal to the product obtained by multiplying the
base amount for such retiree by the percentage thereof applicable to
such retiree, as determined by the date of retirement in accordance with
the schedule set forth in paragraph seven of this subdivision e.
(b) Such supplemental retirement allowance referred to in subparagraph
(a) of this paragraph six shall commence with a payment for the later of
the month of July, nineteen hundred eighty-one or the month of July next
following the twelve-month period ending June thirtieth in which such
retiree shall have attained age sixty-two and shall continue thereafter.
(7) The schedule referred to in paragraphs five and six of this
subdivision e is as follows:
Date of retirement Percentage
__________________ __________
April 1, 1969 to and
including March 31, 1970 eight
January 1, 1968 to and
including March 31, 1969 nine
f. (1) Commencing with a payment for the month of July, nineteen
hundred eighty-one and continuing thereafter, there shall be payable to
each disability retiree who retired on or after April first, nineteen
hundred seventy and before January first, nineteen hundred
seventy-three, a supplemental retirement allowance equal to the product
obtained by multiplying the base amount for such retiree by the
percentage thereof applicable to such retiree, as determined by the date
of retirement in accordance with the schedule set forth in paragraph
three of this subdivision f.
(2) (a) Each other-than-disability retiree who retired on or after
April first, nineteen hundred seventy and prior to January first,
nineteen hundred seventy-three shall be entitled to receive, for the
period provided for by subparagraph (b) of this paragraph two, a
supplemental retirement allowance equal to the product obtained by
multiplying the base amount for such retiree by the percentage thereof
applicable to such retiree, as determined by the date of retirement in
accordance with the schedule set forth in paragraph three of this
subdivision f.
(b) Such supplemental retirement allowance referred to in subparagraph
(a) of this paragraph two shall commence with a payment for the later of
the month of July, nineteen hundred eighty-one or the month of July next
following the twelve-month period ending June thirtieth in which such
retiree shall have attained age sixty-two and shall continue thereafter.
(3) The schedule referred to in paragraph one and two of this
subdivision f is as follows:
Date of retirement Percentage
__________________ __________
April 1, 1970 to and
including December 31, 1971 eight
1972 calendar year seven
g. (1) Commencing with a payment for the month of July, nineteen
hundred eighty-two and continuing thereafter, there shall be payable to
each disability retiree who retired during the calendar year nineteen
hundred seventy-three, a supplemental retirement allowance equal to the
product obtained by multiplying the base amount for such retiree by six
per centum.
(2) (a) Each other-than-disability retiree who retired during the
calendar year nineteen hundred seventy-three shall be entitled to
receive, for the period provided for by subparagraph (b) of this
paragraph two, a supplemental retirement allowance equal to the product
obtained by multiplying the base amount for such retiree by six per
centum.
(b) Such supplemental retirement allowance referred to in subparagraph
(a) of this paragraph two shall commence with a payment for the later of
the month of July, nineteen hundred eighty-two or the month of July next
following the twelve-month period ending June thirtieth in which such
retiree shall have attained age sixty-two and shall continue thereafter.
h. (1) Commencing with a payment for the month of July, nineteen
hundred eighty-three and continuing thereafter, there shall be payable
to each disability retiree who retired on or after January first,
nineteen hundred seventy-four and before January first, nineteen hundred
seventy-seven, a supplemental retirement allowance equal to the product
obtained by multiplying the base amount for such retiree by the
percentage thereof applicable to such retiree, as determined by the date
of retirement in accordance with the schedule set forth in paragraph
three of this subdivision h.
(2) (a) Each other-than-disability retiree who retired on or after
January first, nineteen hundred seventy-four and prior to January first,
nineteen hundred seventy-seven shall be entitled to receive, for the
period provided for by subparagraph (b) of this paragraph two, a
supplemental retirement allowance equal to the product obtained by
multiplying the base amount for such retiree by the percentage thereof
applicable to such retiree, as determined by the date of retirement in
accordance with the schedule set forth in paragraph three of this
subdivision h.
(b) Such supplemental retirement allowance referred to in subparagraph
(a) of this paragraph two shall commence with a payment for the later of
the month of July, nineteen hundred eighty-three or the month of July
next following the twelve month period ending June thirtieth in which
such retiree shall have attained age sixty-two and shall continue
thereafter.
(3) The schedule referred to in paragraphs one and two of this
subdivision h is as follows:
Date of retirement Percentage
__________________ __________
1974 calendar year five
1975 calendar year four
1976 calendar year three
i. (1) Commencing with a payment for the month of July, nineteen
hundred eighty-four and continuing thereafter, there shall be payable to
each disability retiree who retired on or after January first, nineteen
hundred seventy-seven and before January first, nineteen hundred
seventy-nine, a supplemental retirement allowance equal to the product
obtained by multiplying the base amount for such retiree by three per
centum.
(2) (a) Each other-than-disability retiree who retired on or after
January first, nineteen hundred seventy-seven and prior to January
first, nineteen hundred seventy-nine shall be entitled to receive, for
the period provided for by subparagraph (b) of this paragraph two, a
supplemental retirement allowance equal to the product obtained by
multiplying the base amount for such retiree by three per centum.
(b) Such supplemental retirement allowance referred to in subparagraph
(a) of this paragraph two shall commence with a payment for the later of
the month of July, nineteen hundred eighty-four or the month of July
next following the twelve-month period ending June thirtieth in which
such retiree shall have attained age sixty-two and shall continue
thereafter.
j. (1) Commencing with a payment for the month of July, nineteen
hundred eighty-five and continuing thereafter, there shall be payable to
each disability retiree who retired during the calendar year nineteen
hundred seventy-nine, a supplemental retirement allowance equal to the
product obtained by multiplying the base amount for such retiree by
three per centum.
(2) (a) Each other-than-disability retiree who retired during the
calendar year nineteen hundred seventy-nine shall be entitled to
receive, for the period provided for by subparagraph (b) of this
paragraph two, a supplemental retirement allowance equal to the product
obtained by multiplying the base amount for such retiree by three per
centum.
(b) Such supplemental retirement allowance referred to in subparagraph
(a) of this paragraph two shall commence with a payment for the later of
the month of July, nineteen hundred eighty-five or the month of July
next following the twelve-month period ending June thirtieth in which
such retiree shall have attained age sixty-two and shall continue
thereafter.
k. Notwithstanding any other provision of law to the contrary, the
spouse of a deceased retiree, who had elected, pursuant to the
applicable provisions of the code or of the rules and regulations of the
board of education retirement system of the city, one of the options
which provides that benefits are to be continued for the life of such
spouse after the death of the retiree, shall be entitled to receive a
monthly supplemental retirement allowance pursuant to this subdivision.
Such monthly supplemental retirement allowance shall be equal in amount
to one-half of the monthly supplemental retirement allowance which the
retiree would be receiving if living, and shall commence with a payment
for the later of (1) the month of July, nineteen hundred eighty-three,
or (2) the month following the month in which the death of the retiree
occurred or occurs, or (3) the first month for which such retiree, if
living, would be entitled to receive a monthly supplemental retirement
allowance, and such spouse's monthly supplemental retirement allowance
shall continue thereafter during the lifetime of such spouse.
l. (1) Notwithstanding any other provision of law to the contrary,
each surviving spouse who is a designated annuitant (as defined in
paragraph ten of subdivision a of this section) shall be entitled to a
monthly supplemental retirement allowance of two hundred dollars
pursuant to this subdivision. Such monthly supplemental retirement
allowance shall commence with a payment for the later of (a) the month
of July, two thousand or (b) the month following the month in which the
death of the member or retiree occurred, and such surviving spouse's
monthly supplemental retirement allowance shall continue for the life of
the surviving spouse. Commencing September first, two thousand one, the
monthly benefit payable pursuant to this section shall be increased in
an amount determined pursuant to subdivision d of section 13-696 of this
title.
(2) No spouse who is or may become eligible to receive a supplemental
retirement allowance under subdivision k of this section, whether or not
such spouse is receiving such allowance under such subdivision, shall be
entitled to receive a supplemental retirement allowance under this
subdivision.
m. The supplemental retirement allowance shall be rounded off to the
nearest dollar.
n. The supplemental retirement allowance hereinabove provided for any
such disability retiree or other-than-disability retiree shall be in
lieu of any supplemental retirement allowance for such retiree provided
by articles one and two of subchapter six of this chapter or any other
law, unless such other supplemental retirement allowance is in excess of
that provided for by this article, in which latter case such other
supplemental retirement allowance shall be paid and no supplemental
retirement allowance shall be paid under this article.
Section 13-681¶
Section 13-681
§ 13-681 Supplemental pension for a surviving spouse, dependent or
child in certain cases. a. (1) In addition to any other payment
authorized or required by any other provision of law, there shall be
paid a monthly amount, as herein provided for in this subdivision a, to
a surviving spouse, dependent or minor child of a deceased member of the
department of street cleaning, where, by reason of the death of such
member, such spouse, dependent or minor child was or shall be receiving
a pension from such system or plan pursuant to the provisions of this
code.
(2) (i) In any case where such death occurred prior to June first,
nineteen hundred eighty-one, payment of such additional amount shall be
made as provided for in subparagraph (ii) of this paragraph two.
(ii) Such payment shall commence with a payment for the later of the
month of September, nineteen hundred eighty or the month next following
the month in which such death occurred. The additional amount payable
for each payment month shall be twenty-five dollars to and including the
month of June, nineteen hundred eighty-one. An amount of fifty dollars
shall be paid for the month of July, nineteen hundred eighty-one and for
each month thereafter to and including the month of June, nineteen
hundred eighty-five. An amount of one hundred dollars shall be paid for
the month of July, nineteen hundred eighty-five and for each month
thereafter to and including the month of June, two thousand. An amount
of two hundred dollars shall be paid for the month of July, two thousand
and for each month thereafter. Commencing September first, two thousand
one, the monthly benefit payable pursuant to this section shall be
increased in an amount determined pursuant to subdivision d of section
13-696 of this title.
(3) In any case where such death occurred or shall occur on or after
June first, nineteen hundred eighty-one, an amount of fifty dollars per
month shall be paid, commencing with a payment for the later of the
month of July, nineteen hundred eighty-one or the month next following
the month in which such death occurred or shall occur and continuing
with a payment of fifty dollars for each month thereafter to and
including the month of June, nineteen hundred eighty-five. An amount of
one hundred dollars shall be paid for the month of July, nineteen
hundred eighty-five and for each month thereafter to and including the
month of June, two thousand. An amount of two hundred dollars shall be
paid for the month of July, two thousand and for each month thereafter.
Commencing September first, two thousand one, the monthly benefit
payable pursuant to this section shall be increased in an amount
determined pursuant to subdivision d of section 13-696 of this title.
b. If more than one such person are or shall be receiving from such
system or plan pursuant to any such section as a result of being a
surviving spouse, dependent or minor child of the same deceased member,
they shall collectively be deemed to be one such person and any
supplemental pension granted to a surviving spouse, dependent or child
shall be divided among such persons in the same proportion as the
pensions received by them.
Section 13-682¶
Section 13-682
§ 13-682 Payment of supplemental retirement allowances. a. On or
before the last day of each month during the payment period mentioned in
subdivisions b, e, f, g, h, i and j of section 13-680 of this chapter,
there shall be paid to each qualified retiree from the pension reserve
fund of the retirement system of which such retiree was a member when he
or she retired, the applicable supplemental retirement allowance
prescribed by such section 13-680 except that in the case of qualified
retirees who retired as members of the teachers' retirement system, such
allowance shall be paid from pension reserve fund number one of such
system. With respect to payments of such supplemental retirement
allowances which were made for the month of July, nineteen hundred
eighty or any subsequent month preceding the month of July, nineteen
hundred eighty-one, the actuary of each retirement system of which
recipients of such allowances were members when they retired shall
determine the adjustments, if any, which, by reason of such payments,
the preceding provisions of this section require to be made between the
funds of the pension reserve fund or pension reserve fund number one, as
the case may be, of such retirement system and the funds of the
supplemental pension fund, and any such adjustments so determined shall
be carried out by resolution of the board of trustees or retirement
board of such retirement system and executive order of the mayor.
b. There also shall be paid on or before the last day of each month
from the supplemental pension fund to each qualified widow, dependent or
minor child, the applicable supplemental pension prescribed by section
13-681 of this chapter.
c. In any case where the spouse of a deceased retiree is entitled to
receive a supplemental retirement allowance pursuant to the provisions
of subdivision k of section 13-680 of this chapter, then from the
retirement system pension reserve fund from which the supplemental
retirement allowance of such retiree would be paid if such retiree were
living, there shall be paid on or before the last day of each month with
respect to which such spouse is entitled to receive such supplemental
retirement allowance, the applicable amount of such spouse's
supplemental retirement allowance; provided, however, that in the case
of the spouse of any such deceased retiree who retired as a contributor
of the New York city teachers' retirement system, such allowance shall
be paid to such spouse from pension reserve fund number one of such
retirement system.
d. On or before the last day of each month with respect to which a
surviving spouse who is a designated annuitant (as defined in paragraph
ten of subdivision a of section 13-680 of the code) is entitled to
receive a supplemental retirement allowance pursuant to the provisions
of subdivision l of such section 13-680, such supplemental retirement
allowance shall be paid from the fund or funds of the retirement system
from which is payable such surviving spouse's annuity or pension
supplemented by such supplemental retirement allowance.
e. On or before the last day of each month with respect to which an
additional supplemental retirement allowance is payable pursuant to
section thirty or section thirty-one of chapter six hundred fifty-eight
of the laws of nineteen hundred eighty-four to a pensioner receiving
benefits under this section 13-682, such additional supplemental
retirement allowance shall be paid from the pension reserve fund of the
retirement system of which such pensioner was a member when he retired,
except that in the case of such pensioners who retired as members of the
New York city teachers' retirement system, such additional supplemental
retirement allowance shall be paid from pension reserve fund number one
of such system.
Section 13-683¶
Section 13-683
§ 13-683 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 13-684¶
Section 13-684
§ 13-684 Reimbursement by authority responsible for supplementation.
a. The cost of providing a supplemental retirement allowance pursuant
to section 13-680 of this chapter to each qualified authority retiree
shall be paid to the city, in the manner provided for by this section,
by the authority responsible for supplementation with respect to such
retiree.
b. As soon as practicable after December thirty-first, nineteen
hundred seventy-one, the comptroller shall determine the pro-rata
portion of the cost of providing supplemental retirement allowances to
qualified authority retirees, pursuant to sections 13-680 and 13-682 of
this chapter, which is required to be paid by each authority responsible
for supplementation. 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 which such authority is
required to pay to the city 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.
e. The provisions of this section shall apply to supplemental
retirement allowances payable pursuant to the provisions of this article
for periods prior to July first, nineteen hundred eighty and shall not
apply to any such supplemental retirement allowances payable for any
period thereafter.