2006 New York Code - Payment Of Pensions; Disability; Death.

 
    §  13-610  Payment of pensions; disability; death. a. The commissioner
  of sanitation shall have power in his or her discretion, as  hereinafter
  provided,  to  retire  and dismiss any member from service in his or her
  department. The commissioner shall grant relief or  a  pension  to  such
  member  so  retired  and  dismissed,  and  to the spouses and orphans of
  members who may be entitled to receive such relief  or  pension,  to  be
  paid from such fund, in monthly installments, as follows:
    1.  To  any  such  member  who,  at  any  time,  while  in  the actual
  performance of duty, and without fault or misconduct on the part of such
  member, has become permanently disabled, physically or mentally,  so  as
  to be unfit to perform the duties required of such member, provided that
  such  unfitness  for  duty  has  been  certified to by a majority of the
  medical examiners of such department,  the  sum  of  fifty  dollars  per
  month.
    2. To the spouse of any member who has been killed while in the actual
  performance  of  his  or  her  duty, or has died from the effects of any
  injury received while in the actual performance of such duty, the sum of
  six hundred dollars per annum; and to the spouse of any member  who  has
  died  and who has been ten years in the service in such department or in
  the former department of street cleaning, or both such  departments,  at
  the  time  of  his  or her death, or who, after having been retired on a
  pension, as hereinafter provided, if there shall be no child or children
  of such member under eighteen years of  age,  the  sum  of  six  hundred
  dollars  per  annum, in the discretion of such treasurer and trustee. If
  there be such child or children of such member under the age  aforesaid,
  then  such  sum may be divided between such spouse, child or children in
  such proportion and in such manner as such  treasurer  and  trustee  may
  direct.  The  right  of  such  spouse  to  such  pension shall cease and
  terminate at his or her death or remarriage; or if he or she shall  have
  been  guilty  of  conduct  which  in  the  opinion of such treasurer and
  trustee renders payment inexpedient.
    3. To any child or children under eighteen years of age of such member
  so killed or dying, or dying after retirement leaving no spouse, or if a
  spouse, then after her death or remarriage or loss  of  pension  due  to
  conduct  aforesaid,  the sum of six hundred dollars per annum to be paid
  as such treasurer and trustee shall direct until such child or  children
  shall have attained the age of eighteen years or shall have married.
    4.  To the dependent parent or parents of any such member who has died
  and dying leaves no spouse surviving him or her or child under  the  age
  of  eighteen  years  the sum of six hundred dollars per annum, for their
  support, divided between them to or either one  as  such  treasurer  and
  trustee  may  direct, to cease as to the one dying upon his or her death
  or after the death of one to be continued to the other in  such  sum  as
  the  treasurer  and  trustee  may  direct,  to  cease  as to either upon
  remarriage.
    b. Notwithstanding  the  provisions  of  this  section  or  any  other
  provision  of  law,  a  person who is a spouse, minor child or dependent
  parent of any member who shall die or retire after the effective date of
  this subdivision as hereby enacted, and who, as a result of the death of
  such member or retired member, receives a pension pursuant to  paragraph
  two,  three  or  four of subdivision a of this section, shall receive in
  addition to such pension, a supplemental pension payment to be known  as
  a  supplemental  pension, payable annually in monthly installments in an
  amount which, together with the pension received by such  spouse,  minor
  child  or  dependent  parent pursuant to paragraph two, three or four of
  subdivision a of this section, shall equal but not  exceed  ninety-eight
  dollars  and  thirty-three  cents per month, provided, however, that the
  amount of such supplemental pension shall not exceed forty-eight dollars


  and thirty-three cents per month.  Such  supplemental  pension  payment,
  however, shall not extend beyond December thirty-first, nineteen hundred
  sixty-five. If more than one such person shall receive pensions pursuant
  to  paragraph  two, three or four of subdivision a of this section on or
  after the date of death of such member or retired member as a result  of
  being  a  spouse,  minor  child or dependent parent of the same deceased
  member or deceased retired member, they shall collectively be deemed  to
  be  one  person  receiving  one  pension  within  the  meaning  of  this
  subdivision  and  a  supplemental  pension  granted  to   such   persons
  collectively  under this subdivision shall be divided among such persons
  in the same proportion as the pensions received by  them  and  shall  be
  subject  to termination upon the same terms and conditions as govern the
  termination of such pensions.