NYC Laws & Codes
Article 6 - SUPPLEMENTAL RETIREMENT ALLOWANCES FOR CERTAIN POLICE OR FIRE LINE-OF-DUTY WIDOWS OR DEPENDENTS, BASED ON THE COST-OF-LIVING INDEX¶
Section 13-685¶
Section 13-685
§ 13-685 Definitions. As used in this article, the following terms
shall mean and include:
a. (1) "Police or fire line-of-duty surviving spouse or dependent".
Any person (i) who is a surviving spouse, a dependent parent or a child
(under the age of eighteen years) of a member of a retirement system or
plan of the city for the uniformed force of the police or fire
department who died prior to January first, nineteen hundred seventy and
(ii) to whom a pension was or is awarded pursuant to the applicable
provisions of subdivision b of section 13-209 of this title, section
13-244 of this title, subdivision b of section 13-309 of this title or
section 13-347 of this title or any predecessor provision and (iii) on
or after July first, nineteen hundred seventy-three is receiving such a
pension or an annual increased allowance (as defined in subdivision e of
this section) from such retirement system or plan.
(2) If two or more persons are or shall be receiving such a pension or
such an increased annual allowance from such system or plan on or after
July first, nineteen hundred seventy-three as a result of being
dependent parents or children (under the age of eighteen years) of the
same deceased member, they shall collectively be deemed to be one police
or fire line-of-duty surving spouse or dependent within the meaning of
this article and any supplemental pension granted pursuant to the
provisions of this article in any case where two or more such persons
collectively constitute one police or fire line-of-duty widow or
dependent shall be divided among such persons in the same proportions as
apply with respect to distribution of such pension or increased annual
allowance among such persons.
b. "Supplemental pension fund". The supplemental pension fund provided
for by section 13-650 of this chapter.
c. "Comptroller". The comptroller of the city.
d. "Basic annual pension". The annual pension awarded to a police or
fire line-of-duty surving spouse or dependent pursuant to the applicable
provisions of subdivision b of section 13-209 of this title, section
13-244 of this title, subdivision b of section 13-309 of this title or
section 13-347 of this title or any predecessor provision.
e. "Annual increased allowance". In the case of a police or fire
line-of-duty surving spouse or dependent who is entitled, under the
applicable provisions of subdivision d of section 13-209 of this title
or section 13-245 of this title or subdivision c of section 13-309 of
this title or section 13-348 of this title, to receive a supplement to
his or her basic annual pension, the term "annual increased allowance"
shall mean the aggregate annual amount payable to such police or fire
line-of-duty widow or dependent, consisting of his or her basic annual
pension, together with the supplement payable pursuant to the applicable
provisions of such subdivision d of section 13-209, section 13-245,
subdivision c of section 13-309 or section 13-348.
Section 13-686¶
Section 13-686
§ 13-686 Supplemental pension. a. A supplemental pension shall be paid
to police or fire line-of-duty surviving spouses or dependents. Such
supplemental pension shall be payable on the basis provided for herein,
commencing with a payment for the month of July, nineteen hundred
seventy-three and continuing through the month of September, nineteen
hundred seventy-four. In the case of a police or fire line-of-duty
surviving spouse or dependent who is entitled to receive an annual
increased allowance (as defined in subdivision e of section 13-685 of
this chapter) said supplemental pension shall be a percentage of such
annual increased allowance and in the case of a police or fire
line-of-duty surviving spouse or dependent who is not entitled to
receive an annual increased allowance, such supplemental pension shall
be a percentage of the basic annual pension (as defined in subdivision d
of such section 13-685), and in either case such percentage shall be
determined on the basis of the consumer price index (all items--United
States city average), published by the United States Bureau of Labor
Statistics. Said percentage shall be determined in the manner provided
in this section. Said supplemental pension shall be computed on the
basis of the first eight thousand dollars of the annual increased
allowance, in the case of a police or fire line-of-duty surviving spouse
or dependent entitled to receive such an allowance and on the basis of
the first eight thousand dollars of the basic annual pension, in the
case of a police or fire line-of-duty surviving spouse or dependent who
is not entitled to receive an annual increased allowance.
b. The percentage referred to in this section shall be determined as
the ratio of two indexes, in the following manner. The ratio of the
indexes shall be 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 (i) of the calendar
year nineteen hundred sixty-five, in any case where the death of such
member occurred before July first, nineteen hundred sixty-five or (ii)
of the calender year in which the death of such member occurred, in any
case where the death of such member occurred on or after July first,
nineteen hundred sixty-five. Said ratio, minus one, shall be expressed
as a percentage and shall be adjusted to the lower one-tenth of one
percentum. Such applicable adjusted percentage shall be the percentage
of the applicable portion of the annual increased allowance or basic
annual pension, as the case may be, which is payable as a supplement.
However, no such supplement shall be paid where such percentage is less
than three percentum. Such percentage shall be computed by the actuary
and certified to the comptroller who shall, by directive, promulgate a
schedule of percentages by applicable calendar year to be used for this
purpose.
c. The supplemental pension shall be rounded off to the nearest
dollar.
d. Such supplemental 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 basic pension awarded to the police or fire
line-of-duty surviving spouse or dependent.
e. (1) In any case where a police or fire line-of-duty spouse or
dependent is entitled to receive an annual increased allowance, such
police or fire line-of-duty surviving spouse or dependent, if entitled
to receive a supplemental pension under the provisions of this article
six, shall be entitled to receive such supplemental pension under this
article in addition to such annual increased allowance.
(2) Except as otherwise provided in paragraph one of this subdivision
e, the supplemental pension provided for by this article for any police
or fire line-of-duty surviving spouse or dependent shall be in lieu of
any supplemental pension or supplemental retirement allowance for such
police or fire line-of-duty surviving spouse or dependent provided by
any other law heretofore or hereafter enacted, unless such other
supplemental pension or supplemental retirement allowance is in excess
of that provided for by this article, in which latter case such other
supplemental pension or supplemental retirement allowance shall be paid
and no supplemental pension shall be paid under this article; provided
however, that nothing contained in this subdivision e shall be construed
as entitling any police or fire line-of-duty surviving spouse or
dependent to a supplemental retirement allowance under article two of
subchapter six of chapter five of this title in any case where, if this
article six had not been enacted, such police or fire line-of-duty
surviving spouse or dependent would not be entitled to a supplemental
retirement allowance under such article two.
Section 13-687¶
Section 13-687
§ 13-687 Supplemental pension for a surviving spouse, dependent or
child of a deceased member of the uniformed force of the police or fire
department. a. (1) In addition to any other payment authorized or
required by any other provisions of law, excepting a police or fire
line-of-duty surviving spouse or dependent entitled thereto under
section 13-686 of this chapter, there shall be paid a monthly amount, as
hereinafter provided for in this subdivision a, to a surviving spouse,
dependent or minor child of a deceased member of the police pension
fund, subchapter one, and the fire department pension fund, subchapter
one, 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.
(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.
(4) Notwithstanding any other provision of law to the contrary, for
payments made for the month of July, nineteen hundred ninety-four and
for each month thereafter pursuant to and in accordance with the
requirements of paragraph two or three of this subdivision to a
surviving spouse of a member of the police pension fund, subchapter one,
such paragraph two or three shall be deemed to provide for the following
amounts of such payments:
(i) for each such monthly payment made to such person for the month of
July, nineteen hundred ninety-four and for each month thereafter to and
including the month of June, nineteen hundred ninety-five, the words
"one hundred fifty dollars" shall be substituted for the words "one
hundred dollars" in such paragraph two or three;
(ii) for each such monthly payment made to such person for the month
of July, nineteen hundred ninety-five and for each month thereafter, the
words "one hundred sixty dollars" shall be substituted for the words
"one hundred dollars" in such paragraph two or three; and
(iii) for each such monthly payment made to such person for the month
of July, two thousand and for each month thereafter, the words "two
hundred dollars" shall be substituted for the words "one hundred
dollars" in such paragraph two or three. 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.
(5) Notwithstanding any other provision of law to the contrary, for
payments made for the month of July, nineteen hundred ninety-four and
for each month thereafter pursuant to and in accordance with the
requirements of paragraph two or three of this subdivision to a
surviving spouse of a member of the fire department pension fund,
subchapter one, such paragraph two or three shall be deemed to provide
for the following amounts of such payments:
(i) for each such monthly payment made to such person for the month of
July, nineteen hundred ninety-four and for each month thereafter to and
including the month of June, nineteen hundred ninety-five, the words
"one hundred fifty dollars" shall be substituted for the words "one
hundred dollars" in such paragraph two or three;
(ii) for each such monthly payment made to such person for the month
of July, nineteen hundred ninety-five and for each month thereafter, the
words "one hundred sixty dollars" shall be substituted for the words
"one hundred dollars" in such paragraph two or three; and
(iii) for each such monthly payment made to such person for the month
of July, two thousand and for each month thereafter, the words "two
hundred dollars" shall be substituted for the words "one hundred
dollars" in such paragraph two or three. 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 proportions as the
pensions received by them.
Section 13-688¶
Section 13-688
§ 13-688 Payment of supplemental pensions. a. Subject to the
provisions of subdivision b of this section, on or before the last day
of each month during the payment period mentioned in subdivision a of
section 13-686 of this chapter, there shall be paid from the
supplemental pension fund to each police or fire line-of-duty surviving
spouse or dependent entitled thereto under section 13-686 of this
chapter, the applicable supplemental pension prescribed by such section
13-686; and there 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
13-687 of this chapter.
* b. Notwithstanding any other provision of law to the contrary, on
and after July first, nineteen hundred ninety-five, where supplemental
pension payments are required to be made pursuant to subdivision a of
this section to fire subchapter one beneficiaries (as defined in
paragraph three of subdivision a of section 13-312.1 of this title) who
are otherwise eligible pursuant to section 13-686 or 13-687 of this
chapter to receive such payments under laws in effect immediately prior
to such July first, such payments shall be made on and after such July
first to such persons by the fire department pension fund provided for
in subchapter two of this title, as required by the provisions of
subdivision e of section 13-312.1 of this title, rather than from the
supplemental pension fund.
* There are 2 sub. b's
* b. Notwithstanding any other provision of law to the contrary, on
and after July first, nineteen hundred ninety-five, where supplemental
pension payments are required to be made pursuant to subdivision a of
this section to police subchapter one beneficiaries (as defined in
paragraph three of subdivision a of section 13-213.1 of this title) who
are otherwise eligible pursuant to section 13-686 or 13-687 of this
chapter to receive such payments under laws in effect immediately prior
to such July first, such payments shall be made on and after such July
first to such person by the police pension fund provided for in
subchapter two of this title, as required by the provisions of
subdivision c of section 13-213.1 of this title, rather than from the
supplemental pension fund.
* There are 2 sub. b's
Section 13-689¶
Section 13-689
§ 13-689 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 or she
may need to carry out the provisions of this article.