2023 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