Supplemental Retirement Allowances for Certain Police or Fire Line-of-Duty Widows or Dependents, Based on the Cost-of-Living Index

NYC Admin. Code tit. 13, ch. 5, subch. 6, art. 6

in effect

NYC Admin. Code § 13-685 Definitions.

§ 13-685 Definitions. As used in this article, the following terms shall mean and include: a. (1) "Police or fire line-of-duty surviving spouse or dependent". Any person (i) who is a surviving spouse, a dependent parent or a child (under the age of eighteen years) of a member of a retirement system or plan of the city for the uniformed force of the police or fire department who died prior to January first, nineteen hundred seventy and (ii) to whom a pension was or is awarded pursuant to the applicable provisions of subdivision b of section 13-209 of this title, section 13-244 of this title, subdivision b of section 13-309 of this title or section 13-347 of this title or any predecessor provision and (iii) on or after July first, nineteen hundred seventy-three is receiving such a pension or an annual increased allowance (as defined in subdivision e of this section) from such retirement system or plan. (2) If two or more persons are or shall be receiving such a pension or such an increased annual allowance from such system or plan on or after July first, nineteen hundred seventy-three as a result of being dependent parents or children (under the age of eighteen years) of the same deceased member, they shall collectively be deemed to be one police or fire line-of-duty surviving spouse or dependent within the meaning of this article and any supplemental pension granted pursuant to the provisions of this article in any case where two or more such persons collectively constitute one police or fire line-of-duty widow or dependent shall be divided among such persons in the same proportions as apply with respect to distribution of such pension or increased annual allowance among such persons. b. "Supplemental pension fund". The supplemental pension fund provided for by section 13-650 of this chapter. c. "Comptroller". The comptroller of the city. d. "Basic annual pension". The annual pension awarded to a police or fire line-of-duty surviving spouse or dependent pursuant to the applicable provisions of subdivision b of section 13-209 of this title, section 13-244 of this title, subdivision b of section 13-309 of this title or section 13-347 of this title or any predecessor provision. e. "Annual increased allowance". In the case of a police or fire line-of-duty surviving spouse or dependent who is entitled, under the applicable provisions of subdivision d of section 13-209 of this title or section 13-245 of this title or subdivision c of section 13-309 of this title or section 13-348 of this title, to receive a supplement to his or her basic annual pension, the term "annual increased allowance" shall mean the aggregate annual amount payable to such police or fire line-of-duty widow or dependent, consisting of his or her basic annual pension, together with the supplement payable pursuant to the applicable provisions of such subdivision d of section 13-209, section 13-245, subdivision c of section 13-309 or section 13-348.

NYC Admin. Code § 13-686 Supplemental pension.

§ 13-686 Supplemental pension. a. A supplemental pension shall be paid to police or fire line-of-duty surviving spouses or dependents. Such supplemental pension shall be payable on the basis provided for herein, commencing with a payment for the month of July, nineteen hundred seventy-three and continuing through the month of September, nineteen hundred seventy-four. In the case of a police or fire line-of-duty surviving spouse or dependent who is entitled to receive an annual increased allowance (as defined in subdivision e of section 13-685 of this chapter) said supplemental pension shall be a percentage of such annual increased allowance and in the case of a police or fire line-of-duty surviving spouse or dependent who is not entitled to receive an annual increased allowance, such supplemental pension shall be a percentage of the basic annual pension (as defined in subdivision d of such section 13-685), and in either case such percentage 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 provided in this section. Said supplemental pension shall be computed on the basis of the first eight thousand dollars of the annual increased allowance, in the case of a police or fire line-of-duty surviving spouse or dependent entitled to receive such an allowance and on the basis of the first eight thousand dollars of the basic annual pension, in the case of a police or fire line-of-duty surviving spouse or dependent who is not entitled to receive an annual increased allowance. b. The percentage referred to in this section shall be determined as the ratio of two indexes, in the following manner. The ratio of the indexes shall be 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 (i) of the calendar year nineteen hundred sixty-five, in any case where the death of such member occurred before July first, nineteen hundred sixty-five or (ii) of the calender year in which the death of such member occurred, in any case where the death of such member occurred on or after July first, nineteen hundred sixty-five. Said ratio, minus one, shall be expressed as a percentage and shall be adjusted to the lower one-tenth of one percentum. Such applicable adjusted percentage shall be the percentage of the applicable portion of the annual increased allowance or basic annual pension, as the case may be, which is payable as a supplement. However, no such supplement shall be paid where such percentage is less than three percentum. Such percentage shall be computed by the actuary and certified to the comptroller who shall, by directive, promulgate a schedule of percentages by applicable calendar year to be used for this purpose. c. The supplemental pension shall be rounded off to the nearest dollar. d. Such supplemental 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 basic pension awarded to the police or fire line-of-duty surviving spouse or dependent. e. (1) In any case where a police or fire line-of-duty spouse or dependent is entitled to receive an annual increased allowance, such police or fire line-of-duty surviving spouse or dependent, if entitled to receive a supplemental pension under the provisions of this article six, shall be entitled to receive such supplemental pension under this article in addition to such annual increased allowance. (2) Except as otherwise provided in paragraph one of this subdivision e, the supplemental pension provided for by this article for any police or fire line-of-duty surviving spouse or dependent shall be in lieu of any supplemental pension or supplemental retirement allowance for such police or fire line-of-duty surviving spouse or dependent provided by any other law heretofore or hereafter enacted, unless such other supplemental pension or supplemental retirement allowance is in excess of that provided for by this article, in which latter case such other supplemental pension or supplemental retirement allowance shall be paid and no supplemental pension shall be paid under this article; provided however, that nothing contained in this subdivision e shall be construed as entitling any police or fire line-of-duty surviving spouse or dependent to a supplemental retirement allowance under article two of subchapter six of chapter five of this title in any case where, if this article six had not been enacted, such police or fire line-of-duty surviving spouse or dependent would not be entitled to a supplemental retirement allowance under such article two.

NYC Admin. Code § 13-687 Supplemental pension for a surviving spouse, dependent or child of a deceased member of the uniformed force of the police or fire department.

§ 13-687 Supplemental pension for a surviving spouse, dependent or child of a deceased member of the uniformed force of the police or fire department. a. (1) In addition to any other payment authorized or required by any other provisions of law, excepting a police or fire line-of-duty surviving spouse or dependent entitled thereto under section 13-686 of this chapter, there shall be paid a monthly amount, as hereinafter provided for in this subdivision a, to a surviving spouse, dependent or minor child of a deceased member of the police pension fund, subchapter one, and the fire department pension fund, subchapter one, where, by reason of the death of such member, such spouse, dependent or minor child was or shall be receiving a pension from such system or plan pursuant to the provisions of this code. (2) (i) In any case where such death occurred prior to June first, nineteen hundred eighty-one, payment of such additional amount shall be made as provided for in subparagraph (ii) of this paragraph two. (ii) Such payment shall commence with a payment for the later of the month of September, nineteen hundred eighty or the month next following the month in which such death occurred. The additional amount payable for each payment month shall be twenty-five dollars to and including the month of June, nineteen hundred eighty-one. An amount of fifty dollars shall be paid for the month of July, nineteen hundred eighty-one and for each month thereafter to and including the month of June, nineteen hundred eighty-five. An amount of one hundred dollars shall be paid for the month of July, nineteen hundred eighty-five and for each month thereafter. (3) In any case where such death occurred or shall occur on or after June first, nineteen hundred eighty-one, an amount of fifty dollars per month shall be paid, commencing with a payment for the later of the month of July, nineteen hundred eighty-one or the month next following the month in which such death occurred or shall occur and continuing with a payment of fifty dollars for each month thereafter to and including the month of June, nineteen hundred eighty-five. An amount of one hundred dollars shall be paid for the month of July, nineteen hundred eighty-five and for each month thereafter. (4) Notwithstanding any other provision of law to the contrary, for payments made for the month of July, nineteen hundred ninety-four and for each month thereafter pursuant to and in accordance with the requirements of paragraph two or three of this subdivision to a surviving spouse of a member of the police pension fund, subchapter one, such paragraph two or three shall be deemed to provide for the following amounts of such payments: (i) for each such monthly payment made to such person for the month of July, nineteen hundred ninety-four and for each month thereafter to and including the month of June, nineteen hundred ninety-five, the words "one hundred fifty dollars" shall be substituted for the words "one hundred dollars" in such paragraph two or three; (ii) for each such monthly payment made to such person for the month of July, nineteen hundred ninety-five and for each month thereafter, the words "one hundred sixty dollars" shall be substituted for the words "one hundred dollars" in such paragraph two or three; and (iii) for each such monthly payment made to such person for the month of July, two thousand and for each month thereafter, the words "two hundred dollars" shall be substituted for the words "one hundred dollars" in such paragraph two or three. Commencing September first, two thousand one, the monthly benefit payable pursuant to this section shall be increased in an amount determined pursuant to subdivision d of section 13-696 of this title. (5) Notwithstanding any other provision of law to the contrary, for payments made for the month of July, nineteen hundred ninety-four and for each month thereafter pursuant to and in accordance with the requirements of paragraph two or three of this subdivision to a surviving spouse of a member of the fire department pension fund, subchapter one, such paragraph two or three shall be deemed to provide for the following amounts of such payments: (i) for each such monthly payment made to such person for the month of July, nineteen hundred ninety-four and for each month thereafter to and including the month of June, nineteen hundred ninety-five, the words "one hundred fifty dollars" shall be substituted for the words "one hundred dollars" in such paragraph two or three; (ii) for each such monthly payment made to such person for the month of July, nineteen hundred ninety-five and for each month thereafter, the words "one hundred sixty dollars" shall be substituted for the words "one hundred dollars" in such paragraph two or three; and (iii) for each such monthly payment made to such person for the month of July, two thousand and for each month thereafter, the words "two hundred dollars" shall be substituted for the words "one hundred dollars" in such paragraph two or three. Commencing September first, two thousand one, the monthly benefit payable pursuant to this section shall be increased in an amount determined pursuant to subdivision d of section 13-696 of this title. b. If more than one such person are or shall be receiving from such system or plan pursuant to any such section as a result of being a surviving spouse, dependent or minor child of the same deceased member, they shall collectively be deemed to be one such person and any supplemental pension granted to a surviving spouse, dependent or child shall be divided among such persons in the same proportions as the pensions received by them.

NYC Admin. Code § 13-688 Payment of supplemental pensions.

§ 13-688 Payment of supplemental pensions. a. Subject to the provisions of subdivision b of this section, on or before the last day of each month during the payment period mentioned in subdivision a of section 13-686 of this chapter, there shall be paid from the supplemental pension fund to each police or fire line-of-duty surviving spouse or dependent entitled thereto under section 13-686 of this chapter, the applicable supplemental pension prescribed by such section 13-686; and there shall be paid on or before the last day of each month from the supplemental pension fund to each qualified widow, dependent or minor child the applicable supplemental pension prescribed by section 13-687 of this chapter. b.* Notwithstanding any other provision of law to the contrary, on and after July first, nineteen hundred ninety-five, where supplemental pension payments are required to be made pursuant to subdivision a of this section to fire subchapter one beneficiaries (as defined in paragraph three of subdivision a of section 13-312.1 of this title) who are otherwise eligible pursuant to section 13-686 or 13-687 of this chapter to receive such payments under laws in effect immediately prior to such July first, such payments shall be made on and after such July first to such persons by the fire department pension fund provided for in subchapter two of this title, as required by the provisions of subdivision e of section 13-312.1 of this title, rather than from the supplemental pension fund. * Editor's note: the version of division b set forth above is as amended by 1995 N.Y. Laws ch. 500. b.* Notwithstanding any other provision of law to the contrary, on and after July first, nineteen hundred ninety-five, where supplemental pension payments are required to be made pursuant to subdivision a of this section to police subchapter one beneficiaries (as defined in paragraph three of subdivision a of section 13-213.1 of this title) who are otherwise eligible pursuant to section 13-686 or 13-687 of this chapter to receive such payments under laws in effect immediately prior to such July first, such payments shall be made on and after such July first to such person by the police pension fund provided for in subchapter two of this title, as required by the provisions of subdivision c of section 13-213.1 of this title, rather than from the supplemental pension fund. * Editor's note: the version of division b set forth above is as amended by 1995 N.Y. Laws ch. 503.

NYC Admin. Code § 13-689 Information to be furnished to comptroller.

§ 13-689 Information to be furnished to comptroller. The comptroller shall have authority to require any department or agency of the city to furnish him or her with such records, information and data as he or she may need to carry out the provisions of this article.

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/0-0-0-24615Fetched: 10/24/2026