N.Y. General Municipal Law § 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