§ 207-I*2 — Supplemental retirement allowances of retired firefighters of cities

New York § 207-I*2

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 10: Firefighters and Police Officers

Text

* § 207-i. Supplemental retirement allowances of retired firefighters\nof cities. Nothing in any general, special or local law, administrative\ncode, ordinance, rule or regulation or pension contract to the contrary\nnotwithstanding a supplemental retirement allowance shall be paid\npursuant to the provisions of subdivisions a and b of this section to\npensioners of a pension or retirement system of a paid fire department\nof a city who have retired prior to the calendar year nineteen hundred\nseventy. Such supplemental retirement allowance under such subdivisions\na and b shall be payable on the basis provided for herein, commencing\nwith a payment for the month of October, nineteen hundred sixty-seven,\nand continuing through the month of September, nineteen hundred\nseventy-three, except that in the case of pensioners of a pension or\nretirement system of a paid fire department of a city having a\npopulation of one million or more, such payments shall continue monthly\nthereafter.\n a. The supplemental retirement allowance provided for in this\nsubdivision and in subdivision b of this section shall be a percentage\nof the retirement allowance computed without optional modification and\nshall be determined on the basis of the consumer price index (all items\n-- United States city average), published by the United States Bureau of\nLabor Statistics. Said percentage shall be determined in the manner set\nforth in this section. Said supplemental retirement allowance shall be\ncomputed on the basis of the first ten thousand five hundred dollars of\nsuch annual retirement allowance and shall be payable commencing October\nfirst, nineteen hundred sixty-seven, to all disability pensioners, and\nto other pensioners who have attained age sixty-two on or before\nSeptember thirtieth, nineteen hundred sixty-seven and commencing on\nApril first, nineteen hundred sixty-eight, to such other pensioners who\nshall have attained age sixty-two on or after October first, nineteen\nhundred sixty-seven and on or before September thirtieth, nineteen\nhundred sixty-eight, and commencing on October first, nineteen hundred\nsixty-eight, to such other pensioners who shall have attained age\nsixty-two on or after April first, nineteen hundred sixty-eight and on\nor before September thirtieth, nineteen hundred sixty-eight, and\ncommencing on October first, nineteen hundred sixty-nine, to such other\npensioners who shall have attained age sixty-two on or after October\nfirst, nineteen hundred sixty-eight and on or before September\nthirtieth, nineteen hundred sixty-nine, and commencing on October first,\nnineteen hundred seventy, to such other pensioners who shall have\nattained age sixty-two on or after October first, nineteen hundred\nsixty-nine and on or before September thirtieth, nineteen hundred\nseventy, and commencing on October first, nineteen hundred seventy-two,\nto such other pensioners who shall have attained age sixty-two on or\nafter October first, nineteen hundred seventy and on or before September\nthirtieth, nineteen hundred seventy-two, and to each such other\npensioner of a pension or retirement system of a paid fire department of\na city having a population of one million or more who shall have\nattained age sixty-two on or after October first, nineteen hundred\nseventy-two, commencing with a payment for the later of the month of\nJuly, nineteen hundred eighty-one or the month of July next following\nthe twelve-month period ending June thirtieth in which such other\npensioner who shall have attained age sixty-two on or after October\nfirst, nineteen hundred seventy-two shall have attained such age, and\ncontinuing thereafter.\n b. The percentage referred to in subdivision a hereof shall be\ndetermined from the ratio of two indexes, in the following manner. The\naverage of the twelve monthly consumer price indexes of the calendar\nyear nineteen hundred sixty-six or, for a supplemental retirement\nallowance payable pursuant to this section on or after October first,\nnineteen hundred sixty-eight, the average of the twelve monthly consumer\nprice indexes of the calendar year nineteen hundred sixty-seven or, for\na supplemental retirement allowance payable pursuant to this section on\nor after October first, nineteen hundred sixty-nine, the average of the\ntwelve monthly consumer price indexes of the calendar year nineteen\nhundred sixty-eight, or, for a supplemental retirement allowance payable\npursuant to this section on or after October first, nineteen hundred\nseventy, the average of the twelve monthly consumer price indexes of the\ncalendar year nineteen hundred sixty-nine, divided by the average of the\ntwelve monthly consumer price indexes of the calendar year of retirement\nshall be the ratio of the indexes. Said ratio, minus one, shall be\nexpressed as a percentage and shall be adjusted to the lower one-tenth\nof one per centum. Such adjusted percentage shall be the percentage of\nthe applicable portion of the retirement allowance, computed without\noptional modification which shall be payable as a supplemental\nretirement allowance under subdivision a of this section and under this\nsubdivision. However, no such supplement shall be paid where such\npercentage is less than three per centum. Such percentage for pensioners\nwho retired prior to April first, nineteen hundred fifty-eight shall be\nincreased by one hundred percentum thereof and the adjusted percentage\nshall be further adjusted to the lower one-tenth of one percentum. Such\npercentage shall be computed by the actuary each year and certified to\nthe comptroller who shall, by directive, promulgate a schedule of\npercentages to be used for this purpose.\n b-1. (1) In addition to any supplemental retirement allowance payable\nin accordance with the provisions of subdivisions a and b of this\nsection, commencing with a payment for the month of July, nineteen\nhundred eighty-one and continuing monthly thereafter, there shall be\npaid to each disability pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore who retired prior to April first, nineteen hundred seventy, an\namount of supplemental retirement allowance determined pursuant to the\nprovisions of paragraph three of this subdivision.\n (2) In the case of each pensioner of such a pension or retirement\nsystem of such a city who retired prior to April first, nineteen hundred\nseventy other than for disability, commencing with a payment for the\nlater of the month of July, nineteen hundred eighty-one or the month of\nJuly next following the twelve-month period ending June thirtieth in\nwhich such pensioner shall have attained age sixty-two, and continuing\nmonthly thereafter, there shall be paid to such pensioner, in addition\nto any supplemental retirement allowance payable in accordance with the\nprovisions of subdivisions a and b of this section, an amount of\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (3) The amount of such additional supplemental retirement allowance\nreferred to in paragraphs one and two of this subdivision shall equal a\npercentage of the first ten thousand five hundred dollars of the annual\nretirement allowance computed without optional modification. Such\npercentage shall be determined by the date or year of retirement in\naccordance with the table set forth below:\n YEAR OR DATE OF RETIREMENT PERCENTAGE\n April 1, 1969 to\n and including March 31, 1970 twenty-one\n January 1, 1968 to\n and including March 31, 1969 twenty-two\n 1967 twenty-three\n 1966 twenty-four\n 1965 twenty-four\n 1964 twenty-five\n 1963 twenty-five\n 1962 twenty-six\n 1961 twenty-six\n 1960 twenty-seven\n 1959 twenty-seven\n 1958 twenty-seven\n 1957 twenty-seven\n 1956 twenty-eight\n 1955 twenty-eight\n 1954 twenty-eight\n 1953 twenty-eight\n 1952 twenty-eight\n 1951 and earlier twenty-nine\n b-2. (1) Commencing with a payment for the month of July, nineteen\nhundred eighty-one and continuing monthly thereafter, there shall be\npaid to each disability pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore who retired on or after April first, nineteen hundred seventy and\nbefore January first, nineteen hundred seventy-three, a supplemental\nretirement allowance determined pursuant to the provisions of paragraph\nthree of this subdivision.\n (2) In the case of each pensioner of such a pension or retirement\nsystem of such a city who retired on or after April first, nineteen\nhundred seventy and before January first, nineteen hundred\nseventy-three, other than for disability, commencing with a payment for\nthe later of the month of July, nineteen hundred eighty-one or the month\nof July next following the twelve-month period ending June thirtieth in\nwhich such pensioner shall have attained age sixty-two and continuing\nmonthly thereafter, there shall be paid to such pensioner a supplemental\nretirement allowance determined pursuant to the provisions of paragraph\nthree of this subdivision.\n (3) The amount of such supplemental retirement allowance referred to\nin paragraphs one and two of this subdivision shall equal a percentage\nof the first ten thousand five hundred dollars of the annual retirement\nallowance computed without optional modification. Such percentage shall\nbe determined by the date or year of retirement in accordance with the\ntable set forth below.\n DATE OF RETIREMENT PERCENTAGE\n April 1, 1970 to\n and including December 31, 1971 eight\n 1972 calendar year seven\n b-3. (1) Commencing with a payment for the month of July, nineteen\nhundred eighty-two and continuing monthly thereafter, there shall be\npaid to each disability pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore who retired during the calendar year nineteen hundred\nseventy-three, a supplemental retirement allowance determined pursuant\nto the provisions of paragraph three of this subdivision.\n (2) In the case of each pensioner of such a pension or retirement\nsystem of such a city who retired during the calendar year nineteen\nhundred seventy-three, other than for disability, commencing with a\npayment for the later of the month of July nineteen hundred eighty-two\nor the month of July next following the twelve-month period ending June\nthirtieth in which such pensioner shall have attained age sixty-two and\ncontinuing monthly thereafter, there shall be paid to such pensioner a\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (3) The amount of such supplemental retirement allowance referred to\nin paragraphs one and two of this subdivision shall equal six per centum\nof the first ten thousand five hundred dollars of the annual retirement\nallowance computed without optional modification.\n b-4. (1) Commencing with a payment for the month of July, nineteen\nhundred eighty-three and continuing monthly thereafter, there shall be\npaid to each disability pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore who retired on or after January first, nineteen hundred\nseventy-four and before January first, nineteen hundred seventy-seven, a\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (2) In the case of each pensioner of such a pension or retirement\nsystem of such a city who retired on or after January first, nineteen\nhundred seventy-four and before January first, nineteen hundred\nseventy-seven, other than for disability, commencing with a payment for\nthe later of the month of July, nineteen hundred eighty-three or the\nmonth of July next following the twelve-month period ending June\nthirtieth in which such pensioner shall have attained age sixty-two and\ncontinuing monthly thereafter, there shall be paid to such pensioner a\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (3) The amount of such supplemental retirement allowance referred to\nin paragraphs one and two of this subdivision shall equal a percentage\nof the first ten thousand five hundred of the annual retirement\nallowance computed without optional modification. Such percentage shall\nbe determined by the year of retirement in accordance with the table set\nforth below.\n YEAR OF RETIREMENT PERCENTAGE\n 1974 calendar year five\n 1975 calendar year four\n 1976 calendar year three\n b-5. (1) Commencing with a payment for the month of July, nineteen\nhundred eighty-four and continuing monthly thereafter, there shall be\npaid to each disability pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore who retired on or after January first, nineteen hundred\nseventy-seven and before January first, nineteen hundred seventy-nine, a\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (2) In the case of each pensioner of such a pension or retirement\nsystem of such a city who retired on or after January first, nineteen\nhundred seventy-seven and before January first, nineteen hundred\nseventy-nine, other than for disability, commencing with a payment for\nthe later of the month of July, nineteen hundred eighty-four or the\nmonth of July next following the twelve-month period ending June\nthirtieth in which such pensioner shall have attained age sixty-two and\ncontinuing monthly thereafter, there shall be paid to such pensioner a\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (3) The amount of such supplemental retirement allowance referred to\nin paragraphs one and two of this subdivision shall equal three per\ncentum of the first ten thousand five hundred dollars of the annual\nretirement allowance computed without optional modification.\n b-6. (1) Commencing with a payment for the month of July, nineteen\nhundred eighty-five and continuing monthly thereafter, there shall be\npaid to each disability pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore who retired during the calendar year nineteen hundred seventy-nine,\na supplemental retirement allowance determined pursuant to the\nprovisions of paragraph three of this subdivision.\n (2) In the case of each pensioner of such a pension or retirement\nsystem of such a city who retired during the calendar year nineteen\nhundred seventy-nine, other than for disability, commencing with a\npayment for the later of the month of July, nineteen hundred eighty-five\nor the month of July next following the twelve month period ending June\nthirtieth in which such pensioner shall have attained age sixty-two and\ncontinuing monthly thereafter, there shall be paid to such pensioner a\nsupplemental retirement allowance determined pursuant to the provisions\nof paragraph three of this subdivision.\n (3) The amount of such supplemental retirement allowance referred to\nin paragraphs one and two of this subdivision shall equal three per\ncentum of the first ten thousand five hundred dollars of the annual\nretirement allowance computed without optional modification.\n b-7. Notwithstanding any other provision of law to the contrary, the\nspouse of a deceased pensioner of a pension or retirement system of a\npaid fire department of a city having a population of one million or\nmore, where such pensioner had elected one of the options under the\nadministrative code of such city which provides that benefits are to be\ncontinued for the life of such spouse after the death of the pensioner,\nand where the death of such pensioner occurred or occurs more than\nthirty days after the effective date of the retirement of such\npensioner, shall be entitled to receive a monthly supplemental\nretirement allowance pursuant to this subdivision. Such monthly\nsupplemental retirement allowance shall be equal in amount to one-half\nof the monthly supplemental retirement allowance which the pensioner\nwould be receiving if living, and shall commence with a payment for the\nlater of (1) the month of July, nineteen hundred eighty-three, or (2)\nthe month following the month in which the death of the pensioner\noccurred or occurs, or (3) the first month for which such pensioner, if\nliving, would be entitled to receive a monthly supplemental retirement\nallowance, and such spouse's monthly supplemental retirement allowance\nshall continue thereafter during the lifetime of such spouse.\n c. The benefits hereinabove provided for shall be in lieu of the\nbenefits presently provided by any other general, special or local law\nunless such benefits are in excess of those provided by this section, in\nwhich latter case such benefits shall be paid by the retirement system\npursuant to this section.\n d. Contributions shall be made to such pension accumulation fund by,\nor on account of, the municipality at a rate fixed by the actuary or if\nthere be no actuary then by the fiscal officer of the municipality,\nwhich shall be computed to be sufficient to provide the benefits\nestablished by this section which are payable during the period of time\nthat this section shall be in effect.\n e. The supplemental retirement allowance shall be rounded off to the\nnearest dollar.\n * NB There are 2 § 207-i's\n