NY Gen Mun L § 207-I (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 207-I - Temporary Supplemental Retirement Allowances for Certain Police Officers.

* §  207-i.  Temporary  supplemental retirement allowances for certain police officers. Notwithstanding the provisions of any general,  special or  local  law,  charter  or  administrative  code  to  the  contrary, 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 police 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  police  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  April  first,  nineteen hundred seventy, 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 police  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 monthly 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 per centum thereof and the adjusted percentage shall be further adjusted to the lower one-tenth of one per centum. 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 police 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.      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      Year of Retirement                       Percentage     __________________                       __________      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  police  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  police  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  police  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 hundrd  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  of  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 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  police  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  police  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 theree 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 the retirement system  of a paid police 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 supplemental retirement allowance shall be rounded off  to  the nearest dollar.   d.  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.   e.  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.   f. Nothing herein contained shall be deemed to apply to members of the New York state and local police and fire retirement system.   * NB There are 2 § 207-i's