2006 New York Code - Payment Of Pensions; Disability; Retirement For Service.

 
    §  13-304  Payment of pensions; disability; retirement for service. a.
  The board of trustees shall retire any member who, upon an  examination,
  as  provided  in  subdivision  d  of  this  section,  may be found to be
  disqualified, physically or mentally, for the performance of his or  her
  duties.  Such  member so retired shall receive from such pension fund an
  annual allowance or pension as provided in this section. In  every  case
  such  board  shall determine the circumstances thereof, and such pension
  or allowance so allowed is to be in lieu of any salary received by  such
  member  at the time of his or her being so retired. The department shall
  not be liable for the payment  of  any  claim  or  demand  for  services
  thereafter  rendered,  and the amount of such pension or allowance shall
  be determined upon the following conditions:
    1. In case of total permanent disability at  any  time  caused  in  or
  induced  by the actual performance of the duties of his or her position,
  the amount of annual pension to  be  allowed  shall  be  not  less  than
  three-fourths  of  the annual compensation allowed such member as salary
  at the date of his or her retirement and in the case of a member  acting
  in  a  higher  rank,  an  amount  not  to  exceed  three-quarters of the
  compensation of such rank on the day such injury was suffered.
    1-a. In any case where a member is allowed, pursuant to paragraph  one
  of   this   subdivision   a,  a  pension  equal  to  but  not  exceeding
  three-fourths of the annual compensation allowed such member  as  salary
  at  the  date  of  his  or her retirement, such member shall receive, in
  addition, the amount of the deductions, without interest, made from  his
  or  her  pay,  salary  or  compensation pursuant to subdivision eight of
  section 13-303 of this chapter, such amount to be paid either in a  lump
  sum  or  in  the form of an annuity which is the actuarial equivalent of
  such amount of deductions, as the member may elect. Such annuity, if  so
  elected,  shall be computed on the basis of the mortality tables adopted
  pursuant to section 13-321 of this chapter, as in effect on the date  of
  retirement of such member, and on the basis of regular interest.
    2.  In  case  of partial permanent disability at any time caused in or
  induced by the actual performance of the duties of his or her  position,
  which  disqualifies  him  or her only from performing active duty in the
  uniformed force, the  member  so  disabled  shall  be  relieved  by  the
  commissioner   from   active  service  at  fires  and  assigned  to  the
  performance of such light duties as a medical officer of such department
  may certify him or her to be qualified to perform, or he or she shall be
  retired on his or her own application at not less than three-fourths  of
  his or her salary at the date of his or her retirement from the service,
  on an examination, as provided by subdivision d of this section, showing
  that his or her disability is permanent.
    2-a.  Notwithstanding  any  other  provisions  of  this  code  to  the
  contrary, any condition of impairment of health caused  by  diseases  of
  the  lung, resulting in total or partial disability or death to a member
  of the uniformed force, who successfully passed a  physical  examination
  on  entry  into the service of such department, which examination failed
  to reveal any evidence of such condition, shall be presumptive  evidence
  that  it  was  incurred in the performance and discharge of duty, unless
  the contrary be proved by competent evidence.
    2-b. In any case where a member is allowed, pursuant to paragraph  two
  of   this   subdivision   a,  a  pension  equal  to  but  not  exceeding
  three-fourths of his or her salary at the date of his or her  retirement
  from  the service, such member shall receive, in addition, the amount of
  the deductions, without interest, made from his or her  pay,  salary  or
  compensation  pursuant  to  subdivision  eight of section 13-303 of this
  chapter, such amount to be paid either in a lump sum or in the  form  of
  an  annuity  which  is  the  actuarial  equivalent  of  such  amount  of


  deductions, as the member may elect. Such annuity, if so elected,  shall
  be  computed  on  the  basis of the mortality tables adopted pursuant to
  section 13-321 of this title, as in effect on the date of retirement  of
  such member, and on the basis of regular interest.
    3.  In  case of total permanent disability not caused in or induced by
  the actual performance of the duties of his or her position, which shall
  occur after the expiration of ten years' service in such department, but
  before he or she has performed service in the force for a period greater
  than the minimum period for service retirement elected by  him  or  her,
  the  amount  of  annual  pension  to be allowed shall be one-half of the
  annual compensation allowed such member  at  the  date  of  his  or  her
  retirement from the service.
    4. In case of partial permanent disability not caused in or induced by
  the  actual  performance of the duties of his or her position, which may
  occur after ten  years'  service  in  such  department,  the  member  so
  disabled  may  be  relieved  by  the commissioner from active service at
  fires, but shall remain a member of the uniformed force, subject to  the
  rules  governing  such force, and be assigned to the performance of such
  light duties as a medical officer of such department may certify him  or
  her  to be qualified to perform, or, if such member be retired after the
  expiration of ten years' service, but before he  or  she  has  performed
  service  in  the  force for a period greater than the minimum period for
  service retirement elected by him or her, the  annual  allowance  to  be
  paid to such member shall be one-half of the annual compensation allowed
  such member at the date of his or her retirement from the service.
    5.  In  case of total permanent disability not caused in or induced by
  the actual performance of the duties of his or her position,  which  may
  occur  before  the  expiration of ten years' service in such department,
  the amount of annual pension to be allowed shall  be  one-third  of  the
  annual  compensation  allowed  such  member  at  the  date of his or her
  retirement from the service.
    6. In case of partial permanent disability not caused in or induced by
  the actual performance of the duties of his or her position,  which  may
  occur  before  ten  years'  service  in  such  department, the member so
  disabled shall be relieved by the commissioner from  active  service  at
  fires,  but shall remain a member of the uniformed force, subject to the
  rules governing such force, and be assigned to the performance  of  such
  light  duties as a medical officer of such department may certify him or
  her to be qualified to perform, or, if such member be retired before the
  expiration of ten years' service, the annual allowance  to  be  paid  to
  such  member, shall be one-third of the annual compensation allowed such
  member at the date of his or her retirement from the service.
    b. Any member of such department, who has or shall have performed duty
  therein for a  period  of  twenty  years  or  upwards,  upon  a  medical
  examination,  as provided in subdivision d of this section, showing that
  such member is permanently disabled, physically or mentally, so as to be
  unfit for duty, shall be retired from such force and service, and placed
  on the roll of the pension fund, and awarded and  granted,  to  be  paid
  from such fund:
    1.  an  annual  pension  during his or her lifetime, of a sum not less
  than one-half his or her full salary or compensation at the date of  his
  or her retirement from the service; and
    2. if such member is awarded and granted, pursuant to paragraph one of
  this  subdivision  b,  an  annual  pension  equal  to  but not exceeding
  one-half of his or her full salary or compensation at the date of his or
  her retirement from the service, and if such member, at the time of such
  retirement, has performed service in the force for  a  number  of  years
  greater than the minimum period for service retirement elected by him or


  her,  an  annual  pension,  in  addition  to the pension provided for by
  paragraph one of this subdivision b, which shall be equal to:
    (i) one-fortieth of his or her full salary or compensation on the date
  of  his  or her retirement from the service, multiplied by the number of
  years of service in the force performed by him or her  after  completion
  of  such minimum period of service elected by him or her, if such member
  elected a minimum period of twenty years; or
    (ii) one-fiftieth of his or her full salary  or  compensation  on  the
  date of his or her retirement from the service, multiplied by the number
  of  years  of  service  in  the  force  performed  by  him  or her after
  completion of such minimum period of service elected by him or  her,  if
  such member elected a minimum period of twenty-five years.
    c. Any member who:
    1.  Shall  have elected to contribute on the basis of retirement after
  twenty years of service and who has or shall have performed  service  in
  the force for at least twenty years, or
    2.  Shall  have elected to contribute on the basis of retirement after
  twenty-five years of service and who has or shall have performed service
  in the force for at  least  twenty-five  years,  upon  his  or  her  own
  application in writing to and filed with the board setting forth at what
  time,  not  less than thirty days subsequent to the execution and filing
  thereof, he or she desires to be retired, shall be  retired  as  of  the
  date  specified  in  said  application  from such force and service, and
  placed on the roll of the pension fund, and awarded and granted,  to  be
  paid  from  such fund, an annual pension during his or her lifetime, not
  less than one-half his or her full salary or compensation at the date of
  his or her retirement from the service, and provided further that at the
  time so specified for his or her retirement his or her term or tenure of
  office or employment shall not have terminated or have  been  forfeited,
  provided  further  that  upon  his  or her request in writing the member
  shall be granted a leave  of  absence  from  the  date  of  filing  said
  application until the date the retirement becomes effective.
    d.  All  medical  examinations  required  by  or  made pursuant to the
  provisions of this subchapter shall be  conducted  by  a  medical  board
  appointed  by  the  commissioner,  provided,  however,  that any member,
  within thirty days after receipt of the decision of such medical  board,
  in  writing may request that the decision of such board be reviewed by a
  special medical board which shall consist of one doctor of  the  medical
  board and a doctor selected and compensated by such member. The decision
  of such special board shall supersede the decision of the medical board.
  In the event that the two doctors of the special board shall disagree, a
  recognized specialist on the condition, disease or injury for which such
  member  has  been  examined  or for which disability is claimed shall be
  selected by such doctors to be a third member of the special board.  The
  decision  of a majority of the three members of such special board shall
  supersede the decision of the medical board. The specialist selected  by
  the  two  doctors of the special board shall be compensated by the city.
  Such compensation shall be fixed by the comptroller and shall be subject
  to his or her audit.
    e. The board of trustees shall have the power to grant, award or pay a
  pension on account of physical or mental  disability  or  disease,  only
  upon  a  certificate of a medical board or a special medical board after
  examination  as  provided  in  subdivision  d  of  this  section.   Such
  certificate  shall  set  forth  the  cause,  nature  and  extent  of the
  disability, disease or injury of such member.
    f. The granting of a pension on severance from service  for  fault  or
  delinquency  shall  not  be a matter of right, but such a pension may be
  granted in consideration  of  special  circumstances  by  the  board  of


  trustees  and a vote of at least two-thirds of the whole number of votes
  authorized to be cast by all of the members of such board.
    g.  The  terms  "total  permanent  disability"  and "partial permanent
  disability" as used in this section may be  defined  in  the  rules  and
  regulations of the board of trustees.
    h.  Notwithstanding  any  other provision of this code, and in lieu of
  any lesser amount otherwise provided, any member of the  department  who
  has  or  shall  have  performed  duty  therein  for a period of at least
  thirty-five years may elect to be retired and placed on the roll of  the
  pension  fund,  and  awarded  and granted, to be paid from such fund, an
  annual pension during his or her lifetime, of a sum equal to his or  her
  full salary at the date of his or her retirement from service.
    i.  Except  as  otherwise  provided,  the  pensions granted under this
  section shall be for the  life  of  the  pensioner,  and  shall  not  be
  revoked, repealed or diminished.