2006 New York Code - Definitions.

 
    §  13-694  Definitions.  As  used in this article, the following terms
  shall mean and include:
    a. "Fire section two hundred seven-i." Section two hundred seven-i  of
  the general municipal law, as added by chapter five hundred forty-six of
  the laws of nineteen hundred sixty-seven.
    b.  "Obligor  responsible for supplementation." (1) In relation to any
  retiree, such term shall mean the public  employer  which  employed  any
  retiree  immediately  prior  to  the  effective  date  of such retiree's
  retirement, or, where such public employer no longer  exists  or  is  no
  longer  performing  the  functions in relation to which such retiree was
  then  employed,  such  term  shall  mean  its  successor  performing  or
  substantially  performing  the  same  or  similar  functions;  provided,
  however, that in any case where a retiree was employed by the  board  of
  education  of  the  city  or the former board of higher education of the
  city immediately prior to his or her retirement, such  term  shall  mean
  the city.
    (2)  In relation to any surviving spouse who is a designated annuitant
  (as defined in paragraph ten of subdivision a of section 13-680  of  the
  code)  entitled  to  receive  a  supplemental retirement allowance under
  subdivision l of such section 13-680, such term shall  mean  the  public
  employer which would be the obligor responsible for supplementation with
  respect  to  the  retiree  from  whom  such  spouse's  entitlement  to a
  supplemental retirement allowance  is  derived,  if  such  retiree  were
  living.
    2-a.  In  relation  to any surviving spouse under a continuing benefit
  option (as defined in subdivision h of this section),  such  term  shall
  mean  the  public  employer  which  would be the obligor responsible for
  supplementation with respect to the  retiree  from  whom  such  spouse's
  entitlement  to  a supplemental retirement allowance is derived, if such
  retiree were living.
    (3) Notwithstanding  any  other  provision  of  this  article  to  the
  contrary,  in any case where the obligor responsible for supplementation
  is other than the city, such obligor and the mayor  may  agree  upon  an
  allocation  formula  which  shall  be used to determine the amount to be
  paid by such obligor with respect to any fiscal year as  such  obligor's
  share of any contribution to the contingent reserve fund of a retirement
  system required to be made in such fiscal year by the provisions of this
  article  for  the purpose of funding supplemental retirement allowances.
  Payment of such share with respect to such fiscal year pursuant to  such
  formula  shall be in full satisfaction of the obligation of such obligor
  to make contributions for such fiscal year under the provisions of  this
  article.
    c.  "Original  supplemental  retirement  allowance."  The portion of a
  supplemental retirement allowance, which portion is payable pursuant  to
  the  applicable  provisions of subdivisions b, c and d of section 13-680
  of this chapter and section 13-682 thereof (other than that part of  any
  such  portion,  which  part  is  attributable to forty per centum of the
  adjusted one hundred per centum increase required by paragraph three  of
  such  subdivision  d  to  be  made  in the adjusted percentage otherwise
  applicable to the computation of supplements under such subdivisions  b,
  c  and  d  for  eligible  persons  who  retired  prior to October first,
  nineteen hundred fifty-seven) or subdivisions a  and  b  of  the  police
  section  two  hundred  seven-i  (other  than  (1)  that part of any such
  portion, which part is attributable to forty per centum of the  adjusted
  one  hundred  per  centum  increase  required  by  subdivision b of such
  section two hundred seven-i  to  be  made  in  the  adjusted  percentage
  otherwise   applicable   to   the   computation   of  supplements  under
  subdivisions a and b of such section two hundred seven-i for  pensioners


  who  retired  prior to April first, nineteen hundred fifty-eight and (2)
  the portion of any such allowance payable pursuant to subdivisions a and
  b of such section two hundred seven-i to a police  other-than-disability
  retiree who shall have attained age sixty-two on or after October first,
  nineteen  hundred  seventy-two)  or  subdivisions  a  and  b of the fire
  section two hundred seven-i (other  than  (1)  that  part  of  any  such
  portion,  which part is attributable to forty per centum of the adjusted
  one hundred per centum  increase  required  by  subdivision  b  of  such
  section  two  hundred  seven-i  to  be  made  in the adjusted percentage
  otherwise  applicable  to   the   computation   of   supplements   under
  subdivisions  a and b of such section two hundred seven-i for pensioners
  who retired prior to April first, nineteen hundred fifty-eight  and  (2)
  the portion of any such allowance payable pursuant to subdivisions a and
  b  of  such  section two hundred seven-i to a fire other-than-disability
  retiree who shall have attained age sixty-two on or after October first,
  nineteen hundred seventy-two).
    d. "Police section two hundred seven-i." Section two  hundred  seven-i
  of the general municipal law, as added by chapter five hundred sixty-one
  of the laws of nineteen hundred sixty-seven.
    e.  "Retiree." A person who retired as a member of a retirement system
  and who is entitled to receive, as a result of such  retirement,  (1)  a
  supplemental  retirement  allowance  under  the applicable provisions of
  sections 13-680 and 13-682 of this chapter or  the  police  section  two
  hundred  seven-i  or  the  fire  section  two  hundred seven-i or (2) an
  additional supplemental retirement allowance  under  the  provisions  of
  section  thirty  of  chapter  six  hundred  fifty-eight  of  the laws of
  nineteen hundred eighty-four or section thirty-one of such chapter.
    f. "Retirement system." Any  of  the  following:  the  New  York  city
  employees'  retirement  system;  the  retirement system of the teachers'
  retirement association provided for by title B of chapter twenty of  the
  code;  the police pension fund provided for by subchapter two of chapter
  two of this title; the fire department  pension  fund  provided  for  by
  subchapter  two  of  chapter  three  of  this  title;  and  the board of
  education retirement system of the city.
    g. "Supplement commencing in nineteen hundred  eighty-one  or  later."
  Such  term  shall  mean  any  of  the  following supplemental retirement
  allowances or portions  thereof:  (1)  The  portion  of  a  supplemental
  retirement   allowance,   which  portion  is  payable  pursuant  to  the
  provisions of subparagraph (b) of paragraph  one  of  subdivision  e  of
  section  13-680  of  this  chapter  and section 13-682 thereof, or (2) a
  supplemental retirement allowance payable pursuant to the provisions  of
  paragraph  three  or paragraph five or paragraph six of such subdivision
  e, or (3) the portion of  a  supplemental  retirement  allowance,  which
  portion  is payable pursuant to the provisions of subdivision b-1 of the
  police section two hundred seven-i, to retirees who retired prior to the
  calendar  year  nineteen  hundred  seventy,  or  (4)  the   supplemental
  retirement   allowance  payable  pursuant  to  the  provisions  of  such
  subdivision b-1 to retirees who retired during the period  beginning  on
  January   first,   nineteen   hundred   seventy   and  ending  on  March
  thirty-first,  nineteen  hundred  seventy,  or  (5)  the  portion  of  a
  supplemental  retirement allowance, which portion is payable pursuant to
  paragraph three of subdivision b-1  of  the  fire  section  two  hundred
  seven-i  to  retirees  who  retired  prior to the calendar year nineteen
  hundred seventy, or (6) the supplemental  retirement  allowance  payable
  pursuant  to  the  provisions of subdivision b-1 of the fire section two
  hundred seven-i to retirees who retired during the period  beginning  on
  January   first,   nineteen   hundred   seventy   and  ending  on  March
  thirty-first,  nineteen  hundred  seventy,  or  (7)   any   supplemental


  retirement  allowance  payable  pursuant  to  any  of  the provisions of
  subdivisions f, g, h, i, j, l and k of section 13-680 of  this  chapter,
  or  subdivisions  b-2,  b-3, b-4, b-5, b-6 and b-7 of the police section
  two  hundred  seven-i  of the general municipal law or subdivisions b-2,
  b-3, b-4, b-5, b-6 and b-7 of the fire section two  hundred  seven-i  of
  the  general  municipal  law,  or  (8)  any  portion  of  a supplemental
  retirement allowance, which portion is payable pursuant to  subdivisions
  a   and   b  of  the  police  section  two  hundred  seven-i  to  police
  other-than-disability retirees who shall have attained age sixty-two  on
  or after October first, nineteen hundred seventy-two or any portion of a
  supplemental  retirement allowance, which portion is payable pursuant to
  subdivisions a and b of the fire section two  hundred  seven-i  to  fire
  other-than-disability  retirees who shall have attained age sixty-two on
  or after October first, nineteen hundred seventy-two, or (9)  that  part
  of  the  portion of a supplemental retirement allowance payable pursuant
  to the applicable provisions of subdivisions  b,  c  and  d  of  section
  13-680  of  this  chapter  and  section  13-682  thereof,  which part is
  attributable to forty per centum of the adjusted one hundred per  centum
  increase required by paragraph three of such subdivision d to be made in
  the  adjusted  percentage  otherwise  applicable  to  the computation of
  supplements under such subdivisions b, c and d for persons  who  retired
  prior  to October first, nineteen hundred fifty-seven, or (10) that part
  of the portion of a supplemental retirement allowance  payable  pursuant
  to  the  applicable provisions of subdivisions a and b of police section
  two hundred seven-i, which part is attributable to forty per  centum  of
  the  adjusted  one hundred per centum increase required by subdivision b
  of such  section  two  hundred  seven-i  to  be  made  in  the  adjusted
  percentage  otherwise applicable to the computation of supplements under
  subdivisions a and b of such section two hundred seven-i for  pensioners
  who  retired prior to April first, nineteen hundred fifty-eight, or (11)
  that part of the portion of a supplemental retirement allowance  payable
  pursuant  to  subdivisions  a and b of fire section two hundred seven-i,
  which part is attributable to forty  per  centum  of  the  adjusted  one
  hundred  per  centum  increase required by subdivision b of such section
  two hundred seven-i to be made  in  the  adjusted  percentage  otherwise
  applicable  to the computation of supplements under subdivisions a and b
  of such section two hundred seven-i for pensioners who retired prior  to
  April  first,  nineteen hundred fifty-eight, or (12) the increase in any
  supplemental retirement allowance, which increase both (i) was  made  by
  any  of  sections  fourteen,  and  sixteen to twenty-nine, inclusive, of
  chapter  six  hundred  fifty-eight  of  the  laws  of  nineteen  hundred
  eighty-four  and  (ii) is required to be paid by a retirement system (as
  defined in subdivision f  of  this  section),  or  (13)  any  additional
  supplemental   retirement  allowance  payable  by  a  retirement  system
  pursuant to the provisions of section thirty or  section  thirty-one  of
  such chapter.
    h.  "Surviving  spouse  under a continuing benefit option." A deceased
  retiree's spouse who is or may become eligible to receive a supplemental
  retirement allowance under subdivision k of section 13-680 of  the  code
  or  subdivision b-7 of police section two hundred seven-i of the general
  municipal law or subdivision b-7 of fire section two hundred seven-i  of
  the  general  municipal law, whether or not such supplemental retirement
  allowance has become payable to such spouse.