2006 New York Code - Temporary Supplemental Retirement Allowances For Certain Policemen.



 
    * §  207-i.   Temporary supplemental retirement allowances for certain
  policemen.  Notwithstanding the provisions of any  general,  special  or
  local   law,   charter   or  administrative  code  to  the  contrary,  a
  supplemental  retirement  allowance  shall  be  paid  pursuant  to   the
  provisions  of  subdivisions  a and b of this section to pensioners of a
  pension or retirement system of a paid police department of a  city  who
  have  retired prior to the calendar year nineteen hundred seventy.  Such
  supplemental retirement allowance under such subdivisions a and b  shall
  be  payable  on the basis provided for herein, commencing with a payment
  for the month of October, nineteen hundred sixty-seven,  and  continuing
  through  the  month of September, nineteen hundred seventy-three, except
  that in the case of pensioners of a pension or retirement  system  of  a
  paid  police  department of a city having a population of one million or
  more, such payments shall continue monthly thereafter.
    a.   The  supplemental  retirement  allowance  provided  for  in  this
  subdivision  and  in subdivision b of this section shall be a percentage
  of the retirement allowance computed without optional  modification  and
  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 set
  forth in this section.  Said supplemental retirement allowance shall  be
  computed  on the basis of the first ten thousand five hundred dollars of
  such annual retirement allowance and shall be payable commencing October
  first, nineteen hundred sixty-seven, to all disability  pensioners,  and
  to  other  pensioners  who  have  attained  age  sixty-two  on or before
  September thirtieth, nineteen  hundred  sixty-seven  and  commencing  on
  April  first, nineteen hundred sixty-eight, to such other pensioners who
  shall have attained age sixty-two on or after  October  first,  nineteen
  hundred  sixty-seven  and  on  or  before  September thirtieth, nineteen
  hundred sixty-eight, and commencing on October first,  nineteen  hundred
  sixty-eight,  to  such  other  pensioners  who  shall  have attained age
  sixty-two on or after April first, nineteen hundred sixty-eight  and  on
  or   before  September  thirtieth,  nineteen  hundred  sixty-eight,  and
  commencing on October first, nineteen hundred sixty-nine, to such  other
  pensioners  who  shall  have  attained age sixty-two on or after October
  first,  nineteen  hundred  sixty-eight  and  on  or   before   September
  thirtieth, nineteen hundred sixty-nine, and commencing on October first,
  nineteen  hundred  seventy,  to  such  other  pensioners  who shall have
  attained age  sixty-two  on  or  after  April  first,  nineteen  hundred
  seventy, and on or before September thirtieth, nineteen hundred seventy,
  and  commencing  on October first, nineteen hundred seventy-two, to such
  other pensioners who shall have  attained  age  sixty-two  on  or  after
  October  first,  nineteen  hundred  seventy  and  on or before September
  thirtieth,  nineteen  hundred  seventy-two,  and  to  each  such   other
  pensioner  of a pension or retirement system of a paid police department
  of a city having a population of one million  or  more  who  shall  have
  attained  age  sixty-two  on  or  after  October first, nineteen hundred
  seventy-two, 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  other
  pensioner  who  shall  have  attained  age sixty-two on or after October
  first, nineteen hundred seventy-two shall have attained  such  age,  and
  continuing monthly thereafter.
    b.    The  percentage  referred  to  in  subdivision a hereof shall be
  determined from the ratio of two indexes, in the following manner.   The
  average  of  the  twelve  monthly consumer price indexes of the calendar
  year nineteen  hundred  sixty-six  or,  for  a  supplemental  retirement
  allowance  payable  pursuant  to this section on or after October first,
  nineteen hundred sixty-eight, the average of the twelve monthly consumer
  price indexes of the calendar year nineteen hundred sixty-seven, or, for
  a supplemental retirement allowance payable pursuant to this section  on
  or  after October first, nineteen hundred sixty-nine, the average of the
  twelve monthly consumer price indexes  of  the  calendar  year  nineteen
  hundred sixty-eight, or, for a supplemental retirement allowance payable
  pursuant  to  this  section  on or after October first, nineteen hundred
  seventy, 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.   Said ratio,  minus  one,  shall  be
  expressed  as  a percentage and shall be adjusted to the lower one-tenth
  of one per centum.  Such adjusted percentage shall be the percentage  of
  the  applicable  portion  of  the retirement allowance, computed without
  optional  modification  which  shall  be  payable  as   a   supplemental
  retirement  allowance under subdivision a of this section and under this
  subdivision.   However, no such supplement  shall  be  paid  where  such
  percentage  is  less  than  three  per  centum.    Such  percentage  for
  pensioners  who  retired  prior  to  April   first,   nineteen   hundred
  fifty-eight,  shall  be  increased by one hundred per centum thereof and
  the adjusted percentage shall be further adjusted to the lower one-tenth
  of one per centum. Such percentage shall be computed by the actuary each
  year  and  certified  to  the  comptroller  who  shall,  by   directive,
  promulgate a schedule of percentages to be used for this purpose.
    b-1.  (1) In addition to any supplemental retirement allowance payable
  in accordance with the provisions  of  subdivisions  a  and  b  of  this
  section,  commencing  with  a  payment  for  the month of July, nineteen
  hundred eighty-one and continuing monthly  thereafter,  there  shall  be
  paid to each disability pensioner of a pension or retirement system of a
  paid  police  department of a city having a population of one million or
  more who retired prior to April  first,  nineteen  hundred  seventy,  an
  amount  of  supplemental retirement allowance determined pursuant to the
  provisions of paragraph three of this subdivision.
    (2) In the case of each pensioner of  such  a  pension  or  retirement
  system of such a city who retired prior to April first, nineteen hundred
  seventy,  other  than  for disability, 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 pensioner shall have attained age  sixty-two  and  continuing
  monthly  thereafter,  there shall be paid to such pensioner, in addition
  to any supplemental retirement allowance payable in accordance with  the
  provisions  of  subdivisions  a  and  b  of  this  section, an amount of
  supplemental retirement allowance determined pursuant to the  provisions
  of paragraph three of this subdivision.
    (3)  The  amount  of such additional supplemental retirement allowance
  referred to in paragraphs one and two of this subdivision shall equal  a
  percentage  of the first ten thousand five hundred dollars of the annual
  retirement  allowance  computed  without  optional  modification.   Such
  percentage  shall  be  determined  by  the date or year of retirement in
  accordance with the table set forth below.
 
      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
 
      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
 
    b-2.  (1)  Commencing  with  a payment for the month of July, nineteen
  hundred eighty-one and continuing monthly  thereafter,  there  shall  be
  paid to each disability pensioner of a pension or retirement system of a
  paid  police  department of a city having a population of one million or
  more who retired on or after April first, nineteen hundred  seventy  and
  before  January  first,  nineteen  hundred seventy-three, a supplemental
  retirement allowance determined pursuant to the provisions of  paragraph
  three of this subdivision.
    (2)  In  the  case  of  each pensioner of such a pension or retirement
  system of such a city who retired on  or  after  April  first,  nineteen
  hundred   seventy   and   before   January   first,   nineteen   hundred
  seventy-three, other than for disability, 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 pensioner shall have attained age  sixty-two  and  continuing
  monthly thereafter, there shall be paid to such pensioner a supplemental
  retirement  allowance determined pursuant to the provisions of paragraph
  three of this subdivision.
    (3) The amount of such supplemental retirement allowance  referred  to
  in  paragraphs  one and two of this subdivision shall equal a percentage
  of the first ten thousand five hundred dollars of the annual  retirement
  allowance computed without optional modification.  Such percentage shall
  be  determined  by the date or year of retirement in accordance with the
  table set forth below:
 
      Date of Retirement                       Percentage
      __________________                       ___________
 
      April 1, 1970 to
      and including December 31, 1971          eight
      1972 calendar year                       seven
 
    b-3. (1) Commencing with a payment for the  month  of  July,  nineteen
  hundred  eighty-two  and  continuing  monthly thereafter, there shall be
  paid to each disability pensioner of a pension or retirement system of a
  paid police department of a city having a population of one  million  or
  more   who   retired   during   the   calendar   year  nineteen  hundred
  seventy-three, a supplemental retirement allowance  determined  pursuant
  to the provisions of paragraph three of this subdivision.
    (2)  In  the  case  of  each pensioner of such a pension or retirement
  system of such a city who retired  during  the  calendar  year  nineteen
  hundred  seventy-three,  other  than  for  disability, commencing 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 pensioner shall have attained age sixty-two  and
  continuing  monthly  thereafter, there shall be paid to such pensioner a
  supplemental retirement allowance determined pursuant to the  provisions
  of paragraph three of this subdivision.
    (3)  The  amount of such supplemental retirement allowance referred to
  in paragraphs one and two of this subdivision shall equal six per centum
  of the first ten thousand five hundred dollars of the annual  retirement
  allowance computed without optional modification.
    b-4.  (1)  Commencing  with  a payment for the month of July, nineteen
  hundred eighty-three and continuing monthly thereafter, there  shall  be
  paid to each disability pensioner of a pension or retirement system of a
  paid  police  department of a city having a population of one million or
  more  who  retired  on  or  after  January   first,   nineteen   hundred
  seventy-four and before January first, nineteen hundred seventy-seven, a
  supplemental  retirement allowance determined pursuant to the provisions
  of paragraph three of this subdivision.
    (2) In the case of each pensioner of  such  a  pension  or  retirement
  system  of  such  a city who retired on or after January first, nineteen
  hundred  seventy-four  and  before  January  first,   nineteen   hundred
  seventy-seven,  other than for disability, commencing with a payment for
  the later of the month of July, nineteen  hundred  eighty-three  of  the
  month  of  July  next  following  the  twelve-month  period  ending June
  thirtieth in which such pensioner shall have attained age sixty-two  and
  continuing  monthly  thereafter, there shall be paid to such pensioner a
  supplemental retirement allowance determined pursuant to the  provisions
  of paragraph three of this subdivision.
    (3)  The  amount of such supplemental retirement allowance referred to
  in paragraphs one and two of this subdivision shall equal  a  percentage
  of  the first ten thousand five hundred dollars of the annual retirement
  allowance computed without optional modification.  Such percentage shall
  be determined by the year of retirement in accordance with the table set
  forth below.
 
      Year of Retirement                       Percentage
      __________________                       __________
 
      1974 calendar year                       five
      1975 calendar year                       four
      1976 calendar year                       three
 
    b-5. (1) Commencing with a payment for the  month  of  July,  nineteen
  hundred  eighty-four  and  continuing monthly thereafter, there shall be
  paid to each disability pensioner of a pension or retirement system of a
  paid police department of a city having a population of one  million  or
  more   who   retired   on  or  after  January  first,  nineteen  hundred
  seventy-seven and before January first, nineteen hundred seventy-nine, a
  supplemental retirement allowance determined pursuant to the  provisions
  of paragraph three of this subdivision.
    (2)  In  the  case  of  each pensioner of such a pension or retirement
  system of such a city who retired on or after  January  first,  nineteen
  hundred   seventy-seven  and  before  January  first,  nineteen  hundred
  seventy-nine, other than for disability, commencing 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 pensioner shall have attained age sixty-two and
  continuing monthly thereafter, there shall be paid to such  pensioner  a
  supplemental  retirement allowance determined pursuant to the provisions
  of paragraph three of this subdivision.
    (3) The amount of such supplemental retirement allowance  referred  to
  in  paragraphs  one  and  two  of this subdivision shall equal three per
  centum of the first ten thousand five  hundred  dollars  of  the  annual
  retirement allowance computed without optional modification.
    b-6.  (1)  Commencing  with  a payment for the month of July, nineteen
  hundred eighty-five and continuing monthly thereafter,  there  shall  be
  paid to each disability pensioner of a pension or retirement system of a
  paid  police  department of a city having a population of one million or
  more who retired during the calendar year nineteen hundred seventy-nine,
  a  supplemental  retirement  allowance  determined   pursuant   to   the
  provisions of paragraph three of this subdivision.
    (2)  In  the  case  of  each pensioner of such a pension or retirement
  system of such a city who retired  during  the  calendar  year  nineteen
  hundred  seventy-nine,  other  than  for  disability,  commencing 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 pensioner shall have attained age sixty-two and
  continuing monthly thereafter, there shall be paid to such  pensioner  a
  supplemental  retirement allowance determined pursuant to the provisions
  of paragraph three of this subdivision.
    (3) The amount of such supplemental retirement allowance  referred  to
  in  paragraphs  one  and  two  of this subdivision shall equal three per
  centum of the first ten thousand five  hundred  dollars  of  the  annual
  retirement allowance computed without optional modification.
    b-7.  Notwithstanding  any other provision of law to the contrary, the
  spouse of a deceased pensioner of a pension or the retirement system  of
  a paid police department of a city having a population of one million or
  more,  where  such  pensioner  had  elected one of the options under the
  administrative code of such city which provides that benefits are to  be
  continued  for the life of such spouse after the death of the pensioner,
  and where the death of such  pensioner  occurred  or  occurs  more  than
  thirty  days  after  the  effective  date  of  the  retirement  of  such
  pensioner,  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 pensioner
  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  pensioner
  occurred  or  occurs or (3) the first month for which such pensioner, 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.
    c.  The supplemental retirement allowance shall be rounded off to  the
  nearest dollar.
    d.    The  benefits  hereinabove  provided for shall be in lieu of the
  benefits presently provided by any other general, special or  local  law
  unless such benefits are in excess of those provided by this section, in
  which  latter  case such benefits shall be paid by the retirement system
  pursuant to this section.
    e.   Contributions shall be made to such pension accumulation fund by,
  or on account of, the municipality at a rate fixed by the actuary or  if
  there  be  no  actuary  then  by the fiscal officer of the municipality,
  which shall be  computed  to  be  sufficient  to  provide  the  benefits
  established  by this section which are payable during the period of time
  that this section shall be in effect.
    f.  Nothing herein contained shall be deemed to apply  to  members  of
  the New York state policemen's and firemen's retirement system.
    * NB There are 2 § 207-i's

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.