Health Department Pension Fund

NYC Admin. Code tit. 13, ch. 5, subch. 3

in effect

NYC Admin. Code § 13-616 Organization and membership.

§ 13-616 Organization and membership. The health department pension fund as now constituted shall be continued only for the benefit of members of such fund on October first, nineteen hundred twenty.

NYC Admin. Code § 13-617 Composition of fund.

§ 13-617 Composition of fund. a. The health department pension fund shall consist of the following: 1. The capital, interest, income, dividends, cash, deposits, securities and credits in such fund on the day this section, as amended, shall take effect. 2. Except as provided in subdivision c of this section, all moneys collected from fines and penalties for violations of the health code or health laws in the city, including fines for violations of orders issued pursuant to sections 17-104, 17-107, 17-108 and 17-165 of the code and all moneys received from the issuance or granting of permits by the board of health of the department of health and mental hygiene and by the commissioner of health and mental hygiene pursuant to the health code. 3. A sum of money equal to but not greater than one percent of the monthly pay, salary or compensation of each member of such fund, which sum shall be deducted semi-monthly by the comptroller from the pay, salary or compensation of each member, and such comptroller is hereby authorized, empowered and directed to deduct such sum of money, and forthwith to pay the same to the board of trustees of the health department pension fund. 4. If the assets in the sources enumerated in paragraphs one and three of this subdivision shall be insufficient, during an ensuing fiscal year, to pay all pensions, allowances, benefits, grants, awards and payments pursuant to this subchapter during such fiscal year, it shall be the duty of the board of trustees at the time of submitting its estimate to the director of the budget for such year, to submit a full and detailed statement of the assets of such fund and the amount required, during such year, to pay all such sums in full. There shall be included in the budget for such year a sum sufficient to provide for such deficiency. The comptroller shall pay the money so provided to the board of trustees. b. All such moneys collected by the department, officers, clerks, judges of the criminal courts and courts shall be paid to the commissioner of finance within thirty days after such payment. Except as provided in subdivision c of this section, such moneys shall be paid over to the board of trustees of the health department pension fund. c. In the event that the assets in the sources enumerated in paragraphs one and three of subdivision a of this section shall be sufficient, during an ensuing fiscal year, to pay all pensions, allowances, benefits, grants, awards, and payments pursuant to this subchapter during such fiscal year or when the city shall make appropriation for such year pursuant to paragraph four of subdivision a of this section, the moneys collected during such year pursuant to paragraph two of subdivision a and subdivision b of this section shall be paid into the general fund of the city. d. In the event that the assets in the fund at the end of the fiscal year terminating June thirtieth, nineteen hundred forty-one, shall exceed the amount required to pay all pensions, allowances, benefits, grants, awards and payments pursuant to this subchapter during the next fiscal year, the surplus therein shall be paid into the general fund.

NYC Admin. Code § 13-618 Relief from contributions.

§ 13-618 Relief from contributions. The board of estimate is authorized to adopt a resolution providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one year period commencing with July first, nineteen hundred sixty-two.

NYC Admin. Code § 13-619 Relief from contributions.

§ 13-619 Relief from contributions. The mayor is authorized to adopt an executive order providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one year period commencing with July first, nineteen hundred sixty-three.

NYC Admin. Code § 13-620 Relief from contributions.

§ 13-620 Relief from contributions. a. The mayor is authorized to adopt an executive order providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one year period commencing with July first, nineteen hundred sixty-four. b. The mayor is authorized to adopt an executive order providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing with July first, nineteen hundred sixty-five. c. The mayor is authorized to adopt an executive order providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing with July first, nineteen hundred sixty-six. d. The mayor is authorized to adopt an executive order providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing with July first, nineteen hundred sixty-seven. e. The mayor is authorized to adopt an executive order providing that the deduction from the pay, salary or compensation of a member made pursuant to this subchapter need not be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing with July first, nineteen hundred sixty-eight. f. The mayor is authorized to adopt an executive order providing that no deduction from the pay, salary or compensation of a member pursuant to this subchapter need be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing July first, nineteen hundred sixty-nine. g. The mayor is authorized to adopt an executive order providing that no deduction from the pay, salary or compensation of a member pursuant to this subchapter need be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing July first, nineteen hundred seventy. h. The mayor is authorized to adopt an executive order providing that no deduction from the pay, salary or compensation of a member pursuant to this subchapter need be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing July first, nineteen hundred seventy-one. i. The mayor is authorized to adopt an executive order providing that no deduction from the pay, salary or compensation of a member pursuant to this subchapter need be made and that no contribution in lieu thereof need be made by such a member during the one-year period commencing July first, nineteen hundred seventy-two.

NYC Admin. Code § 13-621 Trustees of fund.

§ 13-621 Trustees of fund. The board of estimate shall be the board of trustees of the health department pension fund.

NYC Admin. Code § 13-622 Duties of trustees.

§ 13-622 Duties of trustees. Such board of trustees shall have charge of and administer such fund. From time to time such board shall invest the same, or any part thereof, as they shall deem most beneficial to such fund and shall liquidate the assets of such fund to provide moneys to make payments pursuant to the provisions of this subchapter. Such board is empowered to make all necessary contracts, take all necessary and proper actions and proceedings in the premises; and make payments from such fund of pensions, allowances, benefits, grants, awards and payments granted in pursuance of this subchapter. Such trustees from time to time shall establish such rules and regulations for the administration of such fund as they may deem best. No payments whatever shall be allowed to, or made by, such trustees as reward, gratuity or compensation to any person for salary or services rendered to, or for, such board of trustees.

NYC Admin. Code § 13-623 Reports.

§ 13-623 Reports. Such board of trustees shall report in detail to the mayor annually in the month of January, the condition of such fund and the items of their receipts and disbursements on account of the same.

NYC Admin. Code § 13-624 Pension for service.

§ 13-624 Pension for service. a. Any member who has or shall have performed duty in the department of health, for a period of twenty years or upwards, upon his or her own written application to and filed with the board of trustees, setting forth at what time, not less than thirty days subsequent to the execution and filing thereof, he or she desires to be retired, or upon a certificate and report of a board of physicians, appointed by the board of health, certifying that such member is permanently disabled so as to be unfit for further duty in such department, or upon attaining the age of seventy years, shall be retired from active service by resolution of the board of estimate, as of the date specified in said application, or certificate, or upon attaining such seventieth year, and shall be placed upon the health department pension roll, provided 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, and 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. A member in city-service, however, who has or shall have attained the age of seventy years, upon the approval of the commissioner of health, may request the board of estimate to be continued in the public service for a period of two years and such board, where advantageous to the public service, may grant such request for such period, not exceeding two years as such board may determine. At the termination of such additional period of service, such board in like manner may permit such employee to continue in the public service for successive two year periods or any portion thereof. In no case shall public service be continued after a member shall have attained the age of eighty years. Any member placed upon the health department pension roll under the provisions of this section shall be awarded, granted and paid from such fund by the trustees thereof an annual sum during his or her lifetime equal to one-half of the annual salary received by such member at the time of retirement plus one and one-half per centum of the annual salary received by him or her each year subsequent to the completion of his or her thirtieth year of service, provided that paid-for service before October first, nineteen hundred twenty shall be credited whether in the department of health or in any other city department. b. Pensions granted under this section shall be for the life of person receiving the same, and shall not be revoked, repealed or diminished. c. When a member has been awarded and granted a pension pursuant to the provisions of this section and shall die prior to receiving payments from such pension fund equal to the compensation earned by him or her in the city service while a member during the twelve months immediately preceding his or her retirement, there shall be paid by the trustees of the pension fund to his or her estate, or to such person as he or she has nominated or shall nominate by written designation duly executed and filed with the board of trustees during his or her lifetime, a sum of money equal to the difference between the compensation earned by him or her in the city service while a member during the twelve months immediately preceding his or her retirement and the total payments received by him or her from such pension fund.

NYC Admin. Code § 13-625 Ordinary death benefits.

§ 13-625 Ordinary death benefits. Upon the death of a member in city service, there shall be paid to his or her estate, or to such person as he or she has nominated or shall nominate by written designation duly executed and filed with the board of trustees during the lifetime of the member, a sum of money equal to the compensation earnable by him or her in the city service, while a member during the twelve months immediately preceding his or her death.

NYC Admin. Code § 13-626 Order of discontinuance of pension in certain cases.

§ 13-626 Order of discontinuance of pension in certain cases. The board of trustees, in its discretion, may order any pension granted or any part thereof to cease, except as provided in section 13-624 of this chapter, but in all such cases such board shall make a written statement of the causes determining such action. Such statement shall be entered in the minutes of the board of trustees. Nothing in this subchapter or in any other act, shall render the granting or payment of such pension obligatory upon the trustees, or chargeable as a matter of right upon such fund, except as provided in section 13-624 of this chapter.

NYC Admin. Code § 13-627 Exemption from tax and legal process.

§ 13-627 Exemption from tax and legal process. The right of a person to a pension, allowance, benefit, grant, award or payment heretofore or hereafter granted or any other right accrued or accruing to any person under the provisions of this subchapter and the money in the funds provided for by this subchapter, are hereby exempt from any state or municipal tax, shall be unassignable hereafter, and shall not be subject to execution, garnishment, attachment or any other process whatsoever.

NYC Admin. Code § 13-628 Guaranty of funds.

§ 13-628 Guaranty of funds. All pensions, allowances, benefits, grants, awards or payments and any other benefits heretofore or hereafter granted under the provisions of the health department pension fund or of this subchapter, are hereby made obligations of the city.

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/0-0-0-23547Fetched: 10/24/2026