NY Gen Mun L § 207-I-2 (2021)
2021 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