2019 New York Laws
GMU - General Municipal
Article 10 - Firefighters and Police Officers
207-I*2 - Supplemental Retirement Allowances of Retired Firefighters of Cities.

* § 207-i.  Supplemental retirement allowances of retired firefighters
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