There is a newer version of the New York Consolidated Laws
2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
207-I*2 - Supplemental retirement allowances of retired firemen of cities.
NY Gen Mun L § 207-I*2 (2012) What's This?
* § 207-i. Supplemental retirement allowances of retired firemen of
cities. Nothing in any general, special or local law, administrative
code, ordinance, rule or regulation or pension contract to the contrary
notwithstanding 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 fire 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 fire 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 October first, nineteen hundred
sixty-nine 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 fire 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 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 percentum thereof and the adjusted percentage
shall be further adjusted to the lower one-tenth of one percentum. 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 fire 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:
Year or 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
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 fire 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 fire 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 fire 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 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 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 fire 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 fire 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 retirement system of a
paid fire 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 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.
d. 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.
e. The supplemental retirement allowance shall be rounded off to the
nearest dollar.
* NB There are 2 § 207-i's
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