[Police Department, Subchapter One Pension Fund]

NYC Admin. Code tit. 13, ch. 2, subch. 1

in effect

NYC Admin. Code § 13-201 Definitions.

§ 13-201 Definitions. As used in this subchapter the following terms shall mean and include: 1. "Member." (a) A person who was a member of the police force in the department at the time when this section shall take effect. (b) In any case where a member, while serving as a member of the police force, is appointed police commissioner or a deputy police commissioner, he or she shall, while serving as police commissioner or deputy police commissioner, continue to be a member of the pension fund. For the purposes of this subchapter, a member whose membership is continued pursuant to this paragraph (b) or whose membership is restored pursuant to paragraph one of subdivision f of section 13-206 of this subchapter, shall during the period of such continuance or restoration of membership, as the case may be, be deemed to be a member of the police force and the police department and his or her service as police commissioner or deputy police commissioner during such period shall be deemed to be service in such force and department. 2. "Board of trustees". The board of trustees provided for in section 13-202 of this subchapter.

NYC Admin. Code § 13-202 Board of trustees.

§ 13-202 Board of trustees. a. The police pension fund shall be administered by a board of trustees which shall, subject to the provisions of law and to the prior approval of the board of estimate, from time to time, 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 police commissioner who shall be chairperson of the board and who shall be entitled to cast one and one-half votes. 2. The comptroller of the city who shall be entitled to cast one and one-half votes. 3. A representative of the mayor who shall be appointed by the mayor and who shall be entitled to cast one and one-half votes. 4. The commissioner of finance of the city who shall be entitled to cast one and one-half votes. 5. The president of the patrolmen's benevolent association of the city of New York who shall be entitled to cast one vote. 6. The first vice-president of the patrolmen's benevolent association of the city of New York who shall be entitled to cast one vote. 7. The second vice-president of the patrolmen's benevolent association of the city of New York who shall be entitled to cast one vote. 8. The chairperson of the board of trustees of the patrolmen's benevolent association of the city of New York who shall be entitled to cast one vote. 9. The president of the captains' endowment association of the police department of the city of New York who shall be entitled to cast one-half vote. 10. The president of the lieutenants' benevolent association, police department, city of New York who shall be entitled to cast one-half vote. 11. The president of the sergeants' benevolent association of the city of New York who shall be entitled to cast one-half vote. 12. The president of the detectives' endowment association of the 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, or to invest the same in obligations issued by the city of New York, obligations issued by the state of New York or obligations issued by the United States of America, as such board of trustees may deem most advantageous for the object of 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 police commissioner shall assign to the board of trustees a sufficient number of clerical and other assistants to permit the board efficiently to exercise its powers and to perform its 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 through twelve, respectively, of subdivision a of this section, shall be a member 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 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 13-213.1 of this subchapter to the board of trustees of the police pension fund provided for in subchapter two of this chapter.

NYC Admin. Code § 13-203 Composition of pension fund.

§ 13-203 Composition of pension fund. The police pension fund shall consist of the following: 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 imposed by the police department, from time to time, upon or against any member or members. 3. All rewards, fees, gifts, testimonials and emoluments that may be presented, paid or given to any member on account of police services, except such as have been or shall be allowed by the police commissioner to be retained by such members. 4. All moneys received from the property clerk pursuant to sections 14-140 and 10-106 of the code, and all moneys realized, derived or received from the sale of any condemned, unfit or unserviceable property belonging to or in the possession or under the control of the police department. 5. All moneys, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any member or members on account of absence for any cause, lost time, sickness or other disability, physical or mental, to be paid semi-monthly by the comptroller to such fund. 6. All moneys received or derived from the granting or issuing of licenses to have and possess pistols or revolvers in dwellings or places of business, or to have and carry concealed a pistol or revolver in such city pursuant to subsection a of section 10-131 of the code. 7. All moneys received or derived from the granting or issuing of permits or the granting of permission to conduct masked or fancy dress balls in the city. Such balls shall be conducted only upon condition that a license fee therefor of not less than five dollars nor more than one hundred dollars shall first be paid to such department for the benefit of such fund. 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 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 within thirty days after this section shall take effect, his or her election to contribute on the basis of retirement either after twenty years of service or after twenty-five years of service. c. In the case of a member receiving extra pay, salary or compensation for additional duties assigned to him or her, the comptroller shall make such semi-monthly deductions on the basis of such extra pay, salary or compensation unless such member shall signify in writing to the board of trustees his or her election to have his or her benefits and obligations computed on the basis of the pay, salary or compensation received by him or her prior to the time when he or she first received such extra compensation. Members who heretofore or are now receiving such extra pay, salary or compensation shall so signify within thirty days after this section shall take effect. Members who hereafter receive such extra pay, salary or compensation shall so signify within thirty days after the first receipt thereof. If any member has or shall have received extra pay, salary or compensation for an aggregate of five years or more or for the period of time fixed by section 14-114 of this code, the comptroller shall continue to make such semi-monthly deductions on the basis of such extra pay, salary or compensation, notwithstanding that such member does not continue to receive it, unless such member shall signify to the board of trustees in writing his or her election to have his or her benefits and obligations computed on the basis of the pay, salary or compensation actually received by him or her. Additional deductions made pursuant to this subdivision shall entitle such member to a pension on the basis of such extra pay, salary or compensation. The provisions of this subdivision shall not diminish or impair the benefits provided in subdivision c of section 14-114 of this code. 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 police 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. Such board of trustees is authorized, empowered and entitled to take and hold any and all gifts or bequests which may be made to such fund or to any police pension fund existing prior to the first day of January, eighteen hundred ninety-eight in any of the territory now constituting the city of New York. 11. 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 13-213.1 of this subchapter.

NYC Admin. Code § 13-204 Reduction of contributions by members.

§ 13-204 Reduction of contributions by members. The mayor, by executive order adopted prior to the first day of June, nineteen hundred sixty-three, may direct that beginning with the first full payroll period following January first, nineteen hundred sixty-three and ending with the payroll period immediately prior to that, the first day of which is nearest to June thirtieth, nineteen hundred sixty-four, the deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by two and one-half per cent of such pay, salary or compensation. Such executive order may also provide for a method or procedure for the refunding or crediting to a member by the pension fund of the amount of the reduction in his or her deductions for any period prior to the adoption of such executive order. The benefits provided pursuant to this section shall apply only to members of the pension fund who are in active service in the police force on or after the date of adoption of such executive order.

NYC Admin. Code § 13-205 Reduction of contributions by members.

§ 13-205 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 deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by two and one-half per cent of such pay, salary or compensation. 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 deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by two and one-half per cent of such pay, salary or compensation. 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 deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by two and one-half per cent of such pay, salary or compensation. 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 deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by two and one-half per cent of such pay, salary or compensation. 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 to June thirtieth, nineteen hundred sixty-eight, the deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by two and one-half per cent of such pay, salary or compensation. (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 to June thirtieth, nineteen hundred seventy-one, the deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by five per cent of such pay, salary or compensation. 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 deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by five per cent of such pay, salary or compensation. 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 deductions from the semi-monthly pay, salary or compensation of each member made pursuant to the provisions of this subchapter shall be reduced by five per cent of such pay, salary or compensation.

NYC Admin. Code § 13-206 Payment of pensions; disability; retirement for service.

§ 13-206 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 pension as provided in this section. In every case such board shall determine the circumstances thereof, and such pension 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 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 salary of such member at the date of his or her retirement. 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 salary of such member 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 nine of section 13-203 of this subchapter, 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 13-221 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 police force, the member so disabled shall be relieved by the commissioner from active service and assigned to the performance of such light duties as a police surgeon 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. 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 nine of section 13-203 of this subchapter, 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 13-221 of this chapter, 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 salary of 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, but shall remain a member of the police force, subject to the rules governing such force, and be assigned to the performance of such light duties as a police surgeon 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 pension to be paid to such member shall be one-half of the annual salary of 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 salary of 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, but shall remain a member of the police force, subject to the rules governing such force, and be assigned to the performance of such light duties as a police surgeon 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 pension to be paid to such member shall be one-third of the annual salary of 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 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 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 of his or her full salary at the date of his or her retirement from 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. (1) In any case where a person who retired for service as a member of the pension fund is subsequently appointed police commissioner or a deputy police commissioner, his or her pension shall cease. During his or her service as police commissioner or deputy police commissioner he or she shall again be a member of the pension fund and shall contribute thereto at the rate of contribution applicable to him or her at the time of his or her prior retirement. (2) Subject to the provisions of paragraphs three and four of this subdivision f, upon his or her subsequent retirement as police commissioner or deputy police commissioner, as the case may be, he or she shall receive the pension, if any, which he or she was receiving or entitled to receive immediately prior to his or her appointment as police commissioner or deputy police commissioner, and in addition, a further pension of one-sixtieth of his or her average annual salary earned during his or her credited service after restoration to membership pursuant to paragraph one of this subdivision f, multiplied by the number of years of his or her credited service during such restoration. (3) Subject to the provisions of paragraph four of this subdivision f, where any such retiree who is appointed police commissioner or deputy police commissioner shall have earned at least three years of member credit for service during the period of his or her restoration to membership pursuant to paragraph one of this subdivision f, the total service credit to which he or she was entitled at the time of his or her earlier retirement may, at his or her election, again be credited to him or her and upon his or her subsequent retirement as police commissioner or deputy police commissioner, as the case may be, he or she shall be credited in addition with all service during such period of restoration to membership. (4) Such total service credit to which he or she was entitled at the time of his or her earlier retirement shall be credited as provided in paragraph three of this subdivision f only in the event that he or she returns to the pension fund with regular interest the actuarial equivalent of the amount of the amount of the pension he or she received; provided, however, that in the event that such amount is not so repaid, the actuarial equivalent thereof shall be deducted from his or her subsequent pension. g. 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 the members of such board. h. 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. 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. j. 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.

NYC Admin. Code § 13-207 [Minimum disability pension.]

§ 13-207 [Minimum disability pension.] a. Notwithstanding the provisions of section 13-206 of this subchapter, in any case where a pension was or is awarded under the provisions of such 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, such member shall be entitled to a pension of not less than three-fourths the annual salary or compensation payable to a first grade patrolman as of July first, nineteen hundred and sixty-five. In the case of any member receiving a pension less than three-fourths the annual salary or compensation of a first grade patrolman as of July first, nineteen hundred and sixty-five his or her pension shall be increased by such amount which when added to the lesser pension shall equal three-fourths the annual salary or compensation of a first grade patrolman as of July first, nineteen hundred and 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 to the pension which would otherwise be payable under section 13-206 of this subchapter. c. The pension payable under this section shall be in lieu of any pension which would otherwise be payable to the member under section 13-206 of this subchapter.

NYC Admin. Code § 13-208 Extra service pension credit.

§ 13-208 Extra service pension credit. Except as provided in subdivisions a and b of section 13-206 of this subchapter: 1. A member who shall have elected to contribute on the basis of retirement after twenty years of service, upon completing such period of service, may continue in the service. In such event and upon retirement for service, there shall be added to his or her annual service pension one-sixtieth of the salary received at the date of retirement for each completed additional year of service, during which years such deductions shall have been made. Any such member upon completing twenty-five years of service, shall have such deductions made at the rate of five per cent, in which event and upon retirement for service, such additional amounts also shall be added to his or her annual service pension for the years during which deductions shall have been made at the rate of five per cent. 2. A member who shall have elected to contribute on the basis of retirement after twenty-five years of service, upon completing such period of service, may continue in the service. In such event there shall be added to his or her annual service pension upon retirement for service one-sixtieth of the salary received at the date of retirement for each completed additional year of service, during which years such deductions shall have been made at the rate of five per cent.

NYC Admin. Code § 13-209 Payment of pensions; death.

§ 13-209 Payment of pensions; death. a. The board of trustees of the pension fund shall pay a pension out of such fund to the spouse, child or children or dependent parent or parents of any deceased member of the police force in such department, if the death of such member occur during thier service in such police force, or after such member was retired from service in such 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 pension 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 child after it shall have reached the age of eighteen years. In lieu of the aforementioned pension, when a member of the force dies while in active service, their beneficiary shall be paid the accumulated deductions of such deceased member if written application therefor be made to the board of trustees by such beneficiary. b. In case any member in the police 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 spouse of such member an annual sum 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 of such member at the date of his or her decease. If such member, dying, leaves no 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 sum as a pension out of such fund, in an amount not to exceed one-half of the salary of such member at the date of his or her decease. The amount of such pension to any spouse shall cease upon his or her death. Such annual pension shall cease upon the death or marriage of such child, or upon its reaching the age of eighteen years. If such payment to the 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 spouse surviving him or her. c. The board of trustees, subject to the separate approval of the mayor, may presume a member or former member of the pension fund to be dead, if such member has disappeared and has been absent for three years or more, unless there be affirmative evidence that he or she was alive within that time. In the case of a former member who has disappeared, has been absent for three years or more and who was last known to be alive while a member of the police force in the department, the board of trustees, subject to the separate approval of the mayor, may presume that death occurred while such former member was a member of such police force, unless there be affirmative evidence that he or she was alive after his or her separation from service in the police force. If in its judgment the evidence warrants such determination, the board of trustees, subject to the separate approval of the mayor, may make an additional and separate finding that such presumed death occurred while such member or former member was actually engaged in the performance of duty. In the event that the board of trustees, upon approval of the mayor, shall take action pursuant to a presumption of death with respect to the disappearance of a former member of the police force, the police commissioner shall have power to revoke any disciplinary action, with respect to the absence of such former member of the police force, which was taken by him or her after the date when such former member is presumed to have died. Notwithstanding any other provision of law, the board of trustees and the police commissioner shall have power to revoke or rescind any action taken by them, respectively, pursuant to this subdivision, with or without cause at any time prior to five years from the date of the disappearance of a member or former member and thereafter they may take action and exercise such power in the event that they respectively shall determine, on the basis of affirmative evidence submitted to them, that any member or former member was alive after the date he or she was presumed to be dead. Upon the expiration of a period of five years from the date of the disappearance of a member or former member, continuation of the payment of a pension pursuant to this section based upon the presumed death of such member or former member shall be conditioned upon a determination by a court of competent jurisdiction, in an action or special proceeding brought by a beneficiary receiving all or part of such pension or any other member of the family of such member or former member pursuant to the provisions of section 21.7 of the estates, powers and trusts law, that such member or former member is presumed to be dead. Such determination shall be deemed conclusive for the purposes of this section, unless such member or former member thereafter shall be found to be alive. d. (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 d, 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 first grade patrolman 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 d 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 to 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 d shall be in lieu of any pension which would otherwise be payable on or after January first, nineteen hundred and 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 title, 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. (Am. 2025 N.Y. Laws Ch. 642, 12/18/2025, eff. 12/18/2025)

NYC Admin. Code § 13-210 Return of deductions on discontinuance of membership or on death.

§ 13-210 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 five per cent. or six per cent. deductions without interest made from his or her pay, salary or compensation pursuant to subdivision nine of section 13-203 of this subchapter. b. In the event that a member shall die before retirement and a pension is not paid by the board of trustees pursuant to section 13-209 of this subchapter, the amount of the five per cent. or six per cent. deductions without interest made from the pay, salary or compensation of such member pursuant to subdivision nine of section 13-203 of this subchapter shall be paid by such board to the beneficiary or beneficiaries, as such member shall have nominated by written designation duly acknowledged 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 designation duly acknowledged.

NYC Admin. Code § 13-211 Time of payment of pensions.

§ 13-211 Time of payment of pensions. All pensions payable out of the police pension fund shall be paid in equal monthly installments, each one-twelfth, in amount, of the sum allowed as the annual pension 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 § 13-212 Exemption from tax and legal process.

§ 13-212 Exemption from tax and legal process. The right of a person to a pension, an allowance, to the return of contributions, the pension itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this subchapter and the moneys in the fund provided for by this subchapter, 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 this article specifically provided.

NYC Admin. Code § 13-213 False swearing.

§ 13-213 False swearing. Every person who knowingly or wilfully in anywise procures the making or presentation of any false or fraudulent affidavit or affirmation concerning any claim for pension or payment thereof shall in every such case forfeit a sum not exceeding two hundred fifty dollars, to be sued for and recovered by and in the name of such board of trustees, which when recovered, shall be paid to and thereupon become a part of such fund. Any person who shall wilfully swear falsely in any oath, or affirmation, in obtaining or procuring any pension or payment thereof, under the provisions of this subchapter, shall be guilty of perjury.

NYC Admin. Code § 13-213.1 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.

§ 13-213.1 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 police pension fund provided for in this subchapter. 2. "Pension fund, subchapter two". The police pension fund provided for in subchapter two of this chapter. 3. "Police 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 provisions 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 13-203 of this subchapter or any other provision of law, or from any other source whatsoever, shall instead by* paid to the general fund of the city established pursuant to section one hundred nine of the New York city charter. * Editor's note: so in original. d. 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, 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 police subchapter one beneficiaries, shall be transferred to and assumed by pension fund, subchapter two, and such benefits payable to police 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 police subchapter one beneficiaries shall be transferred to and assumed by pension fund, subchapter two, and such supplemental benefits payable to such police 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 13-228 of this chapter or the provisions of paragraph six of subdivision b of such section 13-228 of this chapter or the provisions of paragraph six of subdivision b of such section 13-228, 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/0-0-0-19558Fetched: 10/24/2026