New York Fire Department Pension Fund

NYC Admin. Code tit. 13, ch. 3, subch. 1

in effect

NYC Admin. Code § 13-301 Definitions.

§ 13-301 Definitions. As used in this subchapter the following terms shall mean and include: 1. "Member." A person who was an officer, member or probationary member of the uniformed force of the department at the time when this section shall take effect. 2. "Board of trustees." The board of trustees provided for in section 13-302 of this subchapter.

NYC Admin. Code § 13-302 Board of trustees.

§ 13-302 Board of trustees. a. A board of trustees shall be the head of the New York fire department pension fund and, subject to the provisions of law and to the prior approval of the board of estimate, from time to time shall establish rules and regulations for the administration and transaction of the business of such fund and for the control and disposition thereof. Such board shall consist of: 1. The fire commissioner who shall be chairperson of the board and who shall be entitled to cast three votes. 2. The comptroller of the city who shall be entitled to cast three votes. 3. A representative of the mayor who shall be appointed by the mayor and who shall be entitled to cast three votes. 4. The commissioner of finance of the city who shall be entitled to cast three votes. 5. The president of the uniformed firefighters' association of greater New York who shall be entitled to cast two votes. 6. The vice-president of the uniformed firefighters' association of greater New York who shall be entitled to cast two votes. 7. The treasurer of the uniformed firefighters' association of greater New York who shall be entitled to cast two votes. 8. The chairperson of the board of trustees of the uniformed firefighters' association of greater New York who shall be entitled to cast two votes. 9. Three elected members of the executive board of the uniformed fire officers' association of the fire department, city of New York, of whom one shall be an officer of the said department with rank above that of captain and shall be entitled to cast one vote; another shall be a captain of the said department and shall be entitled to cast one vote; another shall be a lieutenant of the said department and shall be entitled to cast one and one-half votes. 10. The president of the uniformed pilots and marine engineers association, fire department, city of New York, who shall be entitled to cast one-half vote. b. Every act of the board of trustees shall be by resolution which shall be adopted only by a vote of at least seven-twelfths of the whole number of votes authorized to be cast by all of the members of such board. c. The board of trustees shall receive all moneys applicable to such fund and deposit the same to the credit of such fund, in banks or trust companies to be selected by it, and continue to receive and deposit the funds applicable to the same, as received, to the credit of such fund, and shall have full power to invest the same, subject to the terms, conditions, limitations and restrictions imposed by law upon savings banks in the making and disposing of investments by savings banks, and, subject to like terms, conditions, limitations and restrictions, such board of trustees shall have full power to hold, purchase, sell, assign, transfer or dispose of any of the securities or investments in which any of the funds provided for by this subchapter shall have been invested as well as of the proceeds of such investments and of any moneys belonging to such fund, and such board of trustees shall have the power to make all necessary contracts and to take all necessary remedies in the premises. d. The fire commissioner shall assign to the board of trustees a sufficient number of clerical and other assistants to permit the board efficiently to exercise their powers and to perform their duties. e. On or before the first day of September of each year, the board of trustees shall make a detailed verified report to the mayor. f. Any member of the board referred to in paragraphs five, six, seven, eight and ten, respectively, of subdivision a of this section, shall be members of the uniformed force and may authorize in writing at any time any other officer of the respective associations to represent him or her on such board in the event of his or her absence or disability, provided, however, that the by-laws or constitution of such respective associations provide for the designation of a representative in such event. g. Notwithstanding any other provision of law to the contrary, on July first, nineteen hundred ninety-five, the duties and responsibilities of the board of trustees of administering the provisions of this subchapter shall be transferred in accordance with the provisions of subdivision f of section 13-312.1 of this subchapter to the board of trustees of the fire department pension fund provided for in subchapter two of this chapter. (Am. 2018 N.Y. Laws Ch. 476, 12/28/2018, eff. 12/28/2018)

NYC Admin. Code § 13-303 Composition.

§ 13-303 Composition. The New York fire department pension fund shall consist of: 1. The capital, interest, income, dividends,cash deposits, securities and credits in such fund on the first day of January, nineteen hundred forty. 2. All forfeitures and fines imposed by the fire commissioner, from time to time, upon any member or members by way of discipline. 3. All rewards, in money, fees, gifts, testimonials and emoluments that may be paid or given for extraordinary services by any members, except such as have been or shall be allowed by such commissioner, to be retained by such member or members, and such as have been or shall be given to endow a medal or other permanent or competitive reward. 4. All fines and proceeds of suit for penalties under title fifteen and chapter four of title twenty-seven and all license fees payable thereunder which may be paid in from or collected in the boroughs of Manhattan, Brooklyn, Bronx, Queens and Staten Island except as is otherwise provided in section 13-381 of this chapter. 5. All moneys, pay, compensation or salary or any part thereof forfeited, deducted or withheld from any member or members, for or on account of absence from duty, to be paid semi-monthly to the board of trustees of such fund by the comptroller. 6. All gifts, grants, devises or bequests to such fund of any money, real or personal property, right of property or other valuable thing. 7. All moneys received pursuant to section 11-909 of the code. 8. a. A sum of money equal to but not greater than: (1) Five per cent of the semi-monthly pay, salary or compensation of each member of the force who shall elect to contribute on the basis of retirement after twenty-five years of service in such force, or (2) Six per cent of the semi-monthly pay, salary or compensation of each member of the force who shall elect to contribute on the basis of retirement after twenty years of service in such force which sum shall be deducted semi-monthly by the comptroller from the pay, salary, or compensation of each such member and forthwith paid to the board of trustees of such fund. Every member shall be deemed to consent and agree to such deductions and shall receipt in full for his or her pay, salary or compensation, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such member during the period covered by such payment, except his or her claim to the benefits to which he or she may be entitled under the provisions of this subchapter. b. Each member shall signify in writing to the board of trustees on or before the fifteenth day of May, nineteen hundred forty-one, his or her election to contribute on the basis of retirement either after twenty years of service or after twenty-five years of service. 9. If the amount derived from the above-mentioned sources included in this section shall be insufficient to pay the pensions, allowances, benefits and returns of salary deductions which have been or which may hereafter be granted, it shall be the duty of the commissioner each year at the time of submitting the departmental estimate to the director of the budget, to submit a full and detailed statement of the assets of such fund and the amount required to pay all such sums in full. There shall annually be included in the budget a sum sufficient to provide for such deficiency. The comptroller shall pay the money so provided to the board of trustees. 10. Notwithstanding any other provision of law to the contrary, on and after July first, nineteen hundred ninety-five, the composition of this pension fund shall be as modified by the provisions of section 13-312.1 of this subchapter.

NYC Admin. Code § 13-304 Payment of pensions; disability; retirement for service.

§ 13-304 Payment of pensions; disability; retirement for service. a. The board of trustees shall retire any member who, upon an examination, as provided in subdivision d of this section, may be found to be disqualified, physically or mentally, for the performance of his or her duties. Such member so retired shall receive from such pension fund an annual allowance or pension as provided in this section. In every case such board shall determine the circumstances thereof, and such pension or allowance so allowed is to be in lieu of any salary received by such member at the time of his or her being so retired. The department shall not be liable for the payment of any claim or demand for services thereafter rendered, and the amount of such pension or allowance shall be determined upon the following conditions: 1. In case of total permanent disability at any time caused in or induced by the actual performance of the duties of his or her position, the amount of annual pension to be allowed shall be not less than three-fourths of the annual compensation allowed such member as salary at the date of his or her retirement and in the case of a member acting in a higher rank, an amount not to exceed three-quarters of the compensation of such rank on the day such injury was suffered. 1-a. In any case where a member is allowed, pursuant to paragraph one of this subdivision a, a pension equal to but not exceeding three-fourths of the annual compensation allowed such member as salary at the date of his or her retirement, such member shall receive, in addition, the amount of the deductions, without interest, made from his or her pay, salary or compensation pursuant to subdivision eight of section 13-303 of this chapter, such amount to be paid either in a lump sum or in the form of an annuity which is the actuarial equivalent of such amount of deductions, as the member may elect. Such annuity, if so elected, shall be computed on the basis of the mortality tables adopted pursuant to section 13-321 of this chapter, as in effect on the date of retirement of such member, and on the basis of regular interest. 2. In case of partial permanent disability at any time caused in or induced by the actual performance of the duties of his or her position, which disqualifies him or her only from performing active duty in the uniformed force, the member so disabled shall be relieved by the commissioner from active service at fires and assigned to the performance of such light duties as a medical officer of such department may certify him or her to be qualified to perform, or he or she shall be retired on his or her own application at not less than three-fourths of his or her salary at the date of his or her retirement from the service, on an examination, as provided by subdivision d of this section, showing that his or her disability is permanent. 2-a. Notwithstanding any other provisions of this code to the contrary, any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death to a member of the uniformed force, who successfully passed a physical examination on entry into the service of such department, which examination failed to reveal any evidence of such condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence. 2-b. In any case where a member is allowed, pursuant to paragraph two of this subdivision a, a pension equal to but not exceeding three-fourths of his or her salary at the date of his or her retirement from the service, such member shall receive, in addition, the amount of the deductions, without interest, made from his or her pay, salary or compensation pursuant to subdivision eight of section 13-303 of this chapter, such amount to be paid either in a lump sum or in the form of an annuity which is the actuarial equivalent of such amount of deductions, as the member may elect. Such annuity, if so elected, shall be computed on the basis of the mortality tables adopted pursuant to section 13-321 of this title, as in effect on the date of retirement of such member, and on the basis of regular interest. 3. In case of total permanent disability not caused in or induced by the actual performance of the duties of his or her position, which shall occur after the expiration of ten years' service in such department, but before he or she has performed service in the force for a period greater than the minimum period for service retirement elected by him or her, the amount of annual pension to be allowed shall be one-half of the annual compensation allowed such member at the date of his or her retirement from the service. 4. In case of partial permanent disability not caused in or induced by the actual performance of the duties of his or her position, which may occur after ten years' service in such department, the member so disabled may be relieved by the commissioner from active service at fires, but shall remain a member of the uniformed force, subject to the rules governing such force, and be assigned to the performance of such light duties as a medical officer of such department may certify him or her to be qualified to perform, or, if such member be retired after the expiration of ten years' service, but before he or she has performed service in the force for a period greater than the minimum period for service retirement elected by him or her, the annual allowance to be paid to such member shall be one-half of the annual compensation allowed such member at the date of his or her retirement from the service. 5. In case of total permanent disability not caused in or induced by the actual performance of the duties of his or her position, which may occur before the expiration of ten years' service in such department, the amount of annual pension to be allowed shall be one-third of the annual compensation allowed such member at the date of his or her retirement from the service. 6. In case of partial permanent disability not caused in or induced by the actual performance of the duties of his or her position, which may occur before ten years' service in such department, the member so disabled shall be relieved by the commissioner from active service at fires, but shall remain a member of the uniformed force, subject to the rules governing such force, and be assigned to the performance of such light duties as a medical officer of such department may certify him or her to be qualified to perform, or, if such member be retired before the expiration of ten years' service, the annual allowance to be paid to such member, shall be one-third of the annual compensation allowed such member at the date of his or her retirement from the service. b. Any member of such department, who has or shall have performed duty therein for a period of twenty years or upwards, upon a medical examination, as provided in subdivision d of this section, showing that such member is permanently disabled, physically or mentally, so as to be unfit for duty, shall be retired from such force and service, and placed on the roll of the pension fund, and awarded and granted, to be paid from such fund: 1. an annual pension during his or her lifetime, of a sum not less than one-half his or her full salary or compensation at the date of his or her retirement from the service; and 2. if such member is awarded and granted, pursuant to paragraph one of this subdivision b, an annual pension equal to but not exceeding one-half of his or her full salary or compensation at the date of his or her retirement from the service, and if such member, at the time of such retirement, has performed service in the force for a number of years greater than the minimum period for service retirement elected by him or her, an annual pension, in addition to the pension provided for by paragraph one of this subdivision b, which shall be equal to: (i) one-fortieth of his or her full salary or compensation on the date of his or her retirement from the service, multiplied by the number of years of service in the force performed by him or her after completion of such minimum period of service elected by him or her, if such member elected a minimum period of twenty years; or (ii) one-fiftieth of his or her full salary or compensation on the date of his or her retirement from the service, multiplied by the number of years of service in the force performed by him or her after completion of such minimum period of service elected by him or her, if such member elected a minimum period of twenty-five years. c. Any member who: 1. Shall have elected to contribute on the basis of retirement after twenty years of service and who has or shall have performed service in the force for at least twenty years, or 2. Shall have elected to contribute on the basis of retirement after twenty-five years of service and who has or shall have performed service in the force for at least twenty-five years, upon his or her own application in writing to and filed with the board setting forth at what time, not less than thirty days subsequent to the execution and filing thereof, he or she desires to be retired, shall be retired as of the date specified in said application from such force and service, and placed on the roll of the pension fund, and awarded and granted, to be paid from such fund, an annual pension during his or her lifetime, not less than one-half his or her full salary or compensation at the date of his or her retirement from the service, and provided further that at the time so specified for his or her retirement his or her term or tenure of office or employment shall not have terminated or have been forfeited, provided further that upon his or her request in writing the member shall be granted a leave of absence from the date of filing said application until the date the retirement becomes effective. d. All medical examinations required by or made pursuant to the provisions of this subchapter shall be conducted by a medical board appointed by the commissioner, provided, however, that any member, within thirty days after receipt of the decision of such medical board, in writing may request that the decision of such board be reviewed by a special medical board which shall consist of one doctor of the medical board and a doctor selected and compensated by such member. The decision of such special board shall supersede the decision of the medical board. In the event that the two doctors of the special board shall disagree, a recognized specialist on the condition, disease or injury for which such member has been examined or for which disability is claimed shall be selected by such doctors to be a third member of the special board. The decision of a majority of the three members of such special board shall supersede the decision of the medical board. The specialist selected by the two doctors of the special board shall be compensated by the city. Such compensation shall be fixed by the comptroller and shall be subject to his or her audit. e. The board of trustees shall have the power to grant, award or pay a pension on account of physical or mental disability or disease, only upon a certificate of a medical board or a special medical board after examination as provided in subdivision d of this section. Such certificate shall set forth the cause, nature and extent of the disability, disease or injury of such member. f. The granting of a pension on severance from service for fault or delinquency shall not be a matter of right, but such a pension may be granted in consideration of special circumstances by the board of trustees and a vote of at least two-thirds of the whole number of votes authorized to be cast by all of the members of such board. g. The terms "total permanent disability" and "partial permanent disability" as used in this section may be defined in the rules and regulations of the board of trustees. h. Notwithstanding any other provision of this code, and in lieu of any lesser amount otherwise provided, any member of the department who has or shall have performed duty therein for a period of at least thirty-five years may elect to be retired and placed on the roll of the pension fund, and awarded and granted, to be paid from such fund, an annual pension during his or her lifetime, of a sum equal to his or her full salary at the date of his or her retirement from service. i. Except as otherwise provided, the pensions granted under this section shall be for the life of the pensioner, and shall not be revoked, repealed or diminished.

NYC Admin. Code § 13-305 Service-incurred disability benefits in the case of retirements prior to July first, nineteen hundred sixty-five.

§ 13-305 Service-incurred disability benefits in the case of retirements prior to July first, nineteen hundred sixty-five. a. Notwithstanding the provisions of section 13-304 of this chapter, in any case where a pension was awarded under the provisions of such section, or any predecessor section, by reason of the retirement of a member for disability caused or induced by the actual performance of the duties of his or her position, prior to July first, nineteen hundred sixty-five, such member shall be entitled to a pension of not less than three-fourths the annual salary or compensation payable to a first grade firefighter as of July first, nineteen hundred sixty-five. In the case of any member receiving a pension less than three-fourths the annual salary or compensation of a first grade firefighter as of July first, nineteen hundred sixty-five, his or her pension will be increased to an amount which will equal three-fourths the annual salary or compensation of a first grade firefighter as of July first, nineteen hundred sixty-five. b. Such pension shall be payable to the same persons and shall be subject to the same terms and conditions, including provisions as to termination as the pension which would otherwise be payable under section 13-304 of this chapter or any other law. c. The pension payable under this section shall be in lieu of any pension which would otherwise be payable to the member under section 13-304 of this chapter. d. Nothing in this chapter shall be construed as creating any rights on behalf of any person who dies prior to October twenty-seventh, nineteen hundred sixty-six, and benefits due thereunder shall be calculated and paid only from such date. (Am. 2018 N.Y. Laws Ch. 476, 12/28/2018, eff. 12/28/2018)

NYC Admin. Code § 13-306 Reduction of contributions by members.

§ 13-306 Reduction of contributions by members. a. The mayor, by executive order, adopted prior to the first day of June, nineteen hundred sixty-four, may direct that beginning with the first full payroll period following July first, nineteen hundred sixty-four, and ending with the payroll period immediately prior to that the first day of which is nearest to June thirtieth, nineteen hundred sixty-five, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by two and one-half per centum of such pay, salary or compensation of such member. b. The mayor, by executive order, adopted prior to June nineteenth, nineteen hundred sixty-five, may direct that beginning with the first full payroll period following July first, nineteen hundred sixty-five and ending with the payroll period immediately prior to that the first day of which is nearest to June thirtieth, nineteen hundred sixty-six, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by two and one-half per centum of such pay, salary or compensation of such member. c. The mayor, by executive order adopted prior to June nineteenth, nineteen hundred sixty-six, may direct that beginning with the first full payroll period following July first, nineteen hundred sixty-six and ending with the payroll period immediately prior to that the first day of which is nearest to June thirtieth, nineteen hundred sixty-seven, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by two and one-half per centum of such pay, salary or compensation of such member. d. The mayor, by executive order adopted prior to June seventeenth, nineteen hundred sixty-seven, may direct that beginning with the payroll period, the first day of which is nearest to July first, nineteen hundred sixty-seven, and ending with the payroll period immediately prior to that the first day of which is nearest to June thirtieth, nineteen hundred sixty-eight, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by two and one-half per centum of such pay, salary or compensation of such member. e. (1) Subject to the provisions of paragraph two of this subdivision, beginning with the first full payroll period following January first, nineteen hundred sixty-seven, and ending with the payroll period immediately prior to that, the first day of which is nearest June thirtieth, nineteen hundred sixty-eight, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by two and one-half per centum of such pay, salary or compensation of such member. (2) The reduction provided for by paragraph one of this subdivision shall be in addition to any reduction made during the period mentioned in such paragraph one pursuant to subdivision c or d of this section. The amount of the reduction made pursuant to paragraph one of this subdivision in the deductions of any such member for such portion of the period mentioned in such paragraph one as precedes the effective date of this subdivision shall be refunded without interest. (3) Beginning with the payroll period the first day of which is nearest to June thirtieth, nineteen hundred sixty-eight, and ending with the payroll period immediately prior to that the first day of which is nearest June thirtieth, nineteen hundred seventy-one, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by five percentum of such pay, salary or compensation of such member. f. The mayor, by executive order adopted prior to the date forty-five days after the adjournment of the regular session of the legislature in nineteen hundred seventy-one, may direct that beginning with the payroll period, the first day of which is nearest to June thirtieth, nineteen hundred seventy-one, and ending with the payroll period immediately prior to that the first day of which is nearest to June thirtieth, nineteen hundred seventy-two, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by five per centum of such pay, salary or compensation of such member. g. The mayor, by executive order adopted prior to the date forty-five days after the adjournment of the regular session of the legislature in nineteen hundred seventy-two or June seventeenth of such year, whichever is later, may direct that beginning with the payroll period, the first day of which is nearest to June thirtieth, nineteen hundred seventy-two, and ending with the payroll period immediately prior to that the first day of which is nearest to June thirtieth, nineteen hundred seventy-three, the deduction from the pay, salary or compensation of a member pursuant to the provisions of this subchapter shall be reduced by five per centum of such pay, salary or compensation of such member.

NYC Admin. Code § 13-307 Extra service pension credits.

§ 13-307 Extra service pension credits. Except as provided in subdivisions a and b of section 13-304 of this chapter, a member who has served the minimum period of time elected by him or her for retirement may continue in the service. In such event and upon his or her retirement for any cause whatsoever, there shall be added to his or her annual pension to which he or she shall upon his or her retirement be entitled an additional amount computed at the rate of one-sixtieth of his or her final salary for each year of such additional service. Any such member who has elected to contribute on the basis of retirement after twenty years of service and who thereafter continues in the service shall have his or her deductions made at the rate of five per cent per annum after completing twenty-five years of service.

NYC Admin. Code § 13-308 Credit for certain prior city service.

§ 13-308 Credit for certain prior city service. Any person who was a member of the New York city employees' retirement system, and whose membership therein was terminated by his or her attaining membership in the fire department pension fund, subchapter one, and who had withdrawn his or her contributions to the New York city employees' retirement system, shall receive credit in the said fire department pension fund for prior creditable city service by paying into the said fire department pension fund the amount of the employee contributions required to have been paid into the New York city employees' retirement system for such prior creditable city service, within two years after this act shall take effect, provided, however, that no member of the said fire department pension fund shall be eligible for retirement for service until he or she has served in the fire department for a minimum period of twenty or twenty-five years, according to the minimum period of retirement elected by such member prior to the certification of his or her rate of contribution.

NYC Admin. Code § 13-309 Payment of pensions; death.

§ 13-309 Payment of pensions; death. a. The board of trustees of the pension fund shall pay a pension out of such fund to the surviving spouse, child or children or dependent parent or parents of any deceased member of the uniformed force of such department, if the death of such member occur during his or her service in such uniformed force, or after he or she was retired from service in such uniformed force. The amount of any such pension to be paid by the board of trustees to each of the several representatives of such member, in case there shall be more than one, from time to time, may be determined by such board according to the circumstances of each case. The annual allowance to the representative or representatives of such member, however, shall be six hundred dollars, and no part of such sum shall be paid to any such surviving spouse who shall remarry, after such remarriage, or to any child after it shall have reached the age of eighteen years. b. In case any member of the uniformed force of such department is killed while actually engaged in the performance of duty, or if death ensues, or results from a disease, as the immediate effect of injuries received, the board of trustees of such fund, upon evidence submitted to it, shall have power to decide whether death so occurred and upon such decision shall award to the surviving spouse of such member an annual allowance as a pension, to be paid out of such fund in an amount not to exceed, except as herein provided, one-half of the salary or compensation of such member at the date of his or her decease and in the case of a member acting in a higher rank an amount not to exceed one-half the salary or the compensation of such rank. If such member, dying, leaves no surviving spouse surviving him or her, but leaves a child or children, under the age of eighteen years, or dependent parent or parents, such board shall award to the legal guardian of such child or children, or dependent parent or parents, for its or their support and maintenance, an annual allowance out of such fund, in an amount not to exceed one-half of the salary or allowance of such member at the date of his or her decease. The amount of such allowance to any surviving spouse shall cease upon his or her death. Such annual allowance shall cease upon the death or marriage of such child, or upon his or her reaching the age of eighteen years. If such payment to the surviving spouse of any such member shall cease by reason of his or her death, such board shall make payments to the child or children, or dependent parent or parents of such member, if any, as though he or she had died without leaving a surviving spouse. c. (1) Notwithstanding the provisions of subdivision b of this section, in any case where a pension was or is awarded under the provisions of such subdivision, or any predecessor provision by reason of the death of any such member, occurring before July first, nineteen hundred and sixty-five, such pension, subject to the provisions of paragraphs two and three of this subdivision c, shall consist: (a) For each full calendar year, on and after January first, nineteen hundred and sixty-five, of a sum as a pension to be paid out of such fund and in an amount not to exceed, except as herein provided, one-half of the annual salary or compensation payable, on July first, nineteen hundred and sixty-five, to a member of the uniformed force of rank, seniority, and other salary-determining status, equal to that of the deceased member on the date of his or her decease, but in no case less than one-half of the salary payable to a firefighter first grade on July first, nineteen hundred and sixty-five, and (b) For any portion of a calendar year, on and after January first, nineteen hundred and sixty-five, the appropriate pro rata portion of the amount which would be payable, under the provisions of subparagraph (a) of this paragraph one, for the full calendar year which includes such portion of a year, if a pension were payable under this subdivision c for such full calendar year. (2) Such pension shall be payable to the same persons and shall be subject to the same terms and conditions, including provisions as to termination, as the pension which would otherwise be payable, on and after January first, nineteen hundred and sixty-five, pursuant to subdivision b of this section or any applicable predecessor provision, by reason of the death of such member. (3) The pension payable pursuant to the provisions of paragraphs one and two of this subdivision c shall be in lieu of any pension which would otherwise be payable on or after January first, nineteen hundred sixty-five, pursuant to the provisions of such subdivision b, or predecessor provision, and, except as otherwise provided in paragraph one of subdivision e of section 13-686 of this chapter, shall be in lieu of any supplemental retirement allowance which would otherwise be payable, on and after such date, under the provisions of subchapter six of chapter five of this title or any other law.

NYC Admin. Code § 13-310 Return of deductions on discontinuance of membership or on death.

§ 13-310 Return of deductions on discontinuance of membership or on death. a. Should a member discontinue service in the force, except by death or retirement, he or she shall be paid the amount of the deductions without interest made from his or her pay, salary or compensation pursuant to subdivision eight of section 13-303 of this subchapter. b. In the event that a member shall die before retirement and a pension or allowance is not paid by the board of trustees pursuant to section 13-309 of this subchapter, the amount of the deductions without interest made from the pay, salary or compensation of such member pursuant to subdivision eight of section 13-303 of this subchapter shall be paid by such board to the beneficiary or beneficiaries, as such member shall have nominated by signed designation and filed with such board. Such designation shall be made within thirty days after this section shall take effect, and may be changed from time to time, by such member upon filing with the board a new signed designation.

NYC Admin. Code § 13-311 Time of payment of pensions.

§ 13-311 Time of payment of pensions. All pensions and allowances payable out of the fire department pension fund pursuant to the provisions of this subchapter shall be paid in equal monthly installments, each one-twelfth, in amount, of the sum allowed as the annual pension or allowance or in ratably smaller amounts when the benefit begins after the first day of the month or ends before the last day of the month.

NYC Admin. Code § 13-312 Exemption from tax and legal process.

§ 13-312 Exemption from tax and legal process. The right of a person to a pension, an allowance, to the return of contributions, the pension or allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this subchapter and the right to any benefit under subchapter five or subchapter six of this chapter and any such benefit itself, and the moneys in the fund provided for by this subchapter and in the funds provided for by such subchapter five and subchapter six, are hereby exempt from any state or municipal tax, and shall not be subject to execution, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as in any such subchapter specifically provided.

NYC Admin. Code § 13-312.1 Transfer of assets, liabilities and administration of pension fund, subchapter one to pension fund, subchapter two; payment of certain benefits by pension fund, subchapter two.

§ 13-312.1 Transfer of assets, liabilities and administration of pension fund, subchapter one to pension fund, subchapter two; payment of certain benefits by pension fund, subchapter two. a. The following terms, as used in this section, shall have the following meanings unless a different meaning is plainly required by the context: 1. "Pension fund, subchapter one". The fire department pension fund provided for in this subchapter. 2. "Pension fund, subchapter two". The fire department pension fund provided for in subchapter two of this chapter. 3. "Fire subchapter one beneficiary". Any person who is entitled under the laws in effect immediately prior to July first, nineteen hundred ninety-five to receive benefits from pension fund, subchapter one. b. Subject to the provision of subdivision g of this section, and notwithstanding any other provision of law to the contrary, on July first, nineteen hundred ninety-five, all assets held by pension fund, subchapter one shall be transferred to pension fund, subchapter two, and shall be credited to the contingent reserve fund of pension fund, subchapter two. c. Subject to the provisions of subdivision g of this section, and notwithstanding any other provision of law to the contrary, on and after July first, nineteen hundred ninety-five, all moneys which otherwise would be paid to pension fund, subchapter one pursuant to the provisions of section 13-303 of this subchapter or any other provision of law, or from any other source whatsoever, shall instead be paid to the general fund of the city established pursuant to section one hundred nine of the charter. d. Subject to the provision of subdivision g of this section, and notwithstanding any other provision of law to the contrary, on July first, nineteen hundred ninety-five, all liabilities of pension fund, subchapter one as of such date, including, but not limited to, liability for the payment of all benefits required under laws in effect immediately prior to such date to be paid on and after such date by pension fund, subchapter one to fire subchapter one beneficiaries, shall be transferred to and assumed by pension fund, subchapter two, and such benefits payable to fire subchapter one beneficiaries on and after such date shall be paid to such beneficiaries by pension fund, subchapter two. e. Subject to the provisions of subdivision g of this section, and notwithstanding any other provision of law to the contrary, on July first, nineteen hundred ninety-five, the liability of the city supplemental pension fund established under section 13-650 of this title for the payment of all supplemental benefits required under laws in effect immediately prior to such date to be paid on and after such date by such supplemental pension fund to fire subchapter one beneficiaries shall be transferred to and assumed by pension fund, subchapter two, and such supplemental benefits payable to such fire subchapter one beneficiaries on and after such date shall be paid to such beneficiaries by pension fund, subchapter two. f. Notwithstanding any other provision of law to the contrary, on July first, nineteen hundred ninety-five, the duties and responsibilities of administering the provisions of this subchapter conferred upon the board of trustees of pension fund, subchapter one by the provisions of this subchapter in effect immediately prior to such date shall be transferred to and assumed by the board of trustees of pension fund, subchapter two. g. Notwithstanding any other provision of law to the contrary, for all funding or accounting purposes, including but not limited to, the funding or accounting purposes associated with the implementation of the provisions of this section, the provisions of subparagraph (d) of paragraph two of subdivision b of section 13-331 of this chapter or the provisions of paragraph six of subdivision b of such section 13-331, the transfer of certain assets or liabilities to pension fund, subchapter two as required by subdivision b, d or e of this section to be made on July first, nineteen hundred ninety-five shall be deemed to have been made on July first, nineteen hundred ninety-four, and the payment of certain moneys to the general fund of the city as required by subdivision c of this section to be made on and after July first, nineteen hundred ninety-five shall be deemed to have been made on and after July first, nineteen hundred ninety-four.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-20637Fetched: 10/24/2026