Payment of pensions; disability; death.
NYC Admin. Code § 13-610
in effect§ 13-610 Payment of pensions; disability; death.
a. The commissioner of sanitation shall have power in his or her discretion, as hereinafter provided, to retire and dismiss any member from service in his or her department. The commissioner shall grant relief or a pension to such member so retired and dismissed, and to the spouses and orphans of members who may be entitled to receive such relief or pension, to be paid from such fund, in monthly installments, as follows:
1. To any such member who, at any time, while in the actual performance of duty, and without fault or misconduct on the part of such member, has become permanently disabled, physically or mentally, so as to be unfit to perform the duties required of such member, provided that such unfitness for duty has been certified to by a majority of the medical examiners of such department, the sum of fifty dollars per month.
2. To the spouse of any member who has been killed while in the actual performance of his or her duty, or has died from the effects of any injury received while in the actual performance of such duty, the sum of six hundred dollars per annum; and to the spouse of any member who has died and who has been ten years in the service in such department or in the former department of street cleaning, or both such departments, at the time of his or her death, or who, after having been retired on a pension, as hereinafter provided, if there shall be no child or children of such member under eighteen years of age, the sum of six hundred dollars per annum, in the discretion of such treasurer and trustee. If there be such child or children of such member under the age aforesaid, then such sum may be divided between such spouse, child or children in such proportion and in such manner as such treasurer and trustee may direct. The right of such spouse to such pension shall cease and terminate at his or her death or remarriage; or if he or she shall have been guilty of conduct which in the opinion of such treasurer and trustee renders payment inexpedient.
3. To any child or children under eighteen years of age of such member so killed or dying, or dying after retirement leaving no spouse, or if a spouse, then after her death or remarriage or loss of pension due to conduct aforesaid, the sum of six hundred dollars per annum to be paid as such treasurer and trustee shall direct until such child or children shall have attained the age of eighteen years or shall have married.
4. To the dependent parent or parents of any such member who has died and dying leaves no spouse surviving him or her or child under the age of eighteen years the sum of six hundred dollars per annum, for their support, divided between them to or either one as such treasurer and trustee may direct, to cease as to the one dying upon his or her death or after the death of one to be continued to the other in such sum as the treasurer and trustee may direct, to cease as to either upon remarriage.
b. Notwithstanding the provisions of this section or any other provision of law, a person who is a spouse, minor child or dependent parent of any member who shall die or retire after the effective date of this subdivision as hereby enacted, and who, as a result of the death of such member or retired member, receives a pension pursuant to paragraph two, three or four of subdivision a of this section, shall receive in addition to such pension, a supplemental pension payment to be known as a supplemental pension, payable annually in monthly installments in an amount which, together with the pension received by such spouse, minor child or dependent parent pursuant to paragraph two, three or four of subdivision a of this section, shall equal but not exceed ninety-eight dollars and thirty-three cents per month, provided, however, that the amount of such supplemental pension shall not exceed forty-eight dollars and thirty-three cents per month. Such supplemental pension payment, however, shall not extend beyond December thirty-first, nineteen hundred sixty-five. If more than one such person shall receive pensions pursuant to paragraph two, three or four of subdivision a of this section on or after the date of death of such member or retired member as a result of being a spouse, minor child or dependent parent of the same deceased member or deceased retired member, they shall collectively be deemed to be one person receiving one pension within the meaning of this subdivision and a supplemental pension granted to such persons collectively under this subdivision shall be divided among such persons in the same proportion as the pensions received by them and shall be subject to termination upon the same terms and conditions as govern the termination of such pensions.
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/0-0-0-23522Fetched: 10/24/2026