[Supplemental Retirement Allowances for Certain City Retirees, Police or Fire Retirees, Surviving Spouses or Dependents, Police or Fire Line-of-Duty Surviving Spouses or Dependents, and Street Cleaning Surviving Spouses or Dependents]

NYC Admin. Code tit. 13, ch. 5, subch. 6, art. 2

in effect

NYC Admin. Code § 13-652 Definitions.

§ 13-652 Definitions. As used in this article: a. The term "city retired employee" shall mean a male who is sixty-five years of age or older or a female person who is sixty-two years of age or older, who was retired prior to January first, nineteen hundred fifty-seven and receives, as a result of such retirement, a retirement allowance or pension system or plan of the city, other than a pension or retirement system for members of the uniformed force of the police department or the fire department. b. The term "police or fire retired employee" shall mean any person who was retired before January first, nineteen hundred fifty-five and receives, on or after the effective date of this subdivision as hereby amended, as a result of such retirement, a retirement allowance or pension from a retirement or pension system or plan of the city for members of the uniformed force of the police department or fire department. c. The term "police or fire surviving spouse or dependent" shall mean any person, other than a police or fire line-of-duty surviving spouse or dependent, who is a surviving spouse or dependent or a minor child of a deceased member or deceased retired member of a retirement or pension system or plan of the city for members of the uniformed force of the police department or fire department other than the pension fund provided in subchapter two of chapter two of this title or in subchapter two of chapter three of this title, and who is receiving a pension from such system or plan on or after the effective date of this subdivision as hereby amended as a result of being a surviving spouse, dependent or a minor child of such deceased member or deceased retired member. If more than one person are receiving pensions from such system or plan on or after such date as a result of being surviving spouses, dependents or minor children of the same deceased member or deceased retired member, they shall collectively be deemed to be one "police or fire surviving spouse or dependent" within the meaning of this article and any supplemental retirement allowance granted to a "police or fire surviving spouse or dependent" under this article 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. d. The term "police or fire line-of-duty surviving spouse or dependent" shall mean any person who (1) is a surviving spouse, a dependent, or a minor child of a member of a retirement system or plan of the city for members of the uniformed force of the police or fire department who died prior to January first, nineteen hundred fifty-five, and (2) on or after the effective date of this subdivision as hereby amended, is receiving a pension from such system or plan pursuant to the provisions of section 13-209, 13-244, 13-309 or 13-347 of this title. If more than one such person are or shall be receiving pensions from such system or plan on or after such date pursuant to any such section as a result of being a surviving spouse or dependents or minor children 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 retirement allowance granted to a police or fire line-of-duty surviving spouse or dependent under this article 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. e. The term "street cleaning surviving spouse or dependent" shall mean any person (1) who is a surviving spouse, a minor child or a dependent parent of a deceased member or deceased retired member of the relief and pension fund of the department of street cleaning of the city of New York, and (2) who is receiving a pension on or after January first, nineteen hundred sixty-six from such relief and pension fund as a result of being a surviving spouse, a minor child or a dependent parent of such deceased member or deceased retired member. If more than one person are receiving pensions from such fund on or after such date as a result of being surviving spouses, minor children or dependent parents of the same deceased member or deceased retired member they shall collectively be deemed to be one "street cleaning surviving spouse or dependent" within the meaning of this article and a supplemental retirement allowance granted to such a "street cleaning surviving spouse or dependent" under this article 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.

NYC Admin. Code § 13-653 Supplemental retirement allowances.

§ 13-653 Supplemental retirement allowances. a. City retired employees. Notwithstanding any other provision of law, any city retired employee, who unless retired for disability had at least five years of credited service at the time of his or her retirement, shall be entitled to a supplemental pension payment to be known as a supplemental retirement allowance payable annually in monthly installments in accordance with the following provisions of this section: 1. The supplemental retirement allowance provided herein for city retired employees shall be sixteen dollars and sixty-six cents per month plus a percentage of the retirement allowance computed without optional modification, based on the year of retirement, in accordance with the schedule hereinafter set forth, provided, however, that no supplemental retirement allowance shall: (a) Exceed sixty-six dollars and sixty-six cents per month, or (b) together with the retirement allowance received from IRT and BMT pension and together with any retirement allowance received from IRT and BMT pension plans, exceed one hundred eighty-three dollars and thirtythree cents per month. 2. The supplemental retirement allowance for city retired employees shall be computed in accordance with the following schedule: Year of retirement per centum 1957 or thereafter None 1956 two 1955 three 1954 three 1953 four 1952 five 1951 seven 1950 fifteen 1949 fifteen 1948 fifteen 1947 twenty-five 1946 forty-five 1945 fifty-five 1944 sixty 1943 sixty-five 1942 seventy-five 1941 ninety 1940 one hundred prior to 1940 one hundred b. Police or fire retired employees. Notwithstanding any other provision of law, any police or fire retired employee shall be entitled to a supplemental pension payment to be known as a supplemental retirement allowance payable annually, in monthly installments in an amount which, together with pension or retirement allowance (exclusive of extra service increments granted pursuant to section 13-208 or 13-307 of this title or any other similar provision of law), computed without optional modification, if any, received by such police or fire retired employee, shall equal but not exceed two hundred twenty-five dollars per month; provided, however, that the amount of such supplemental retirement allowance shall not exceed eighty-three dollars and thirty-three cents per month; and further provided however, that no such supplemental retirement allowance shall be increased, to conform with the provisions of this subdivision, by more than sixteen dollars and sixty-six cents per month above the amount of such allowance as of December thirty-first, nineteen hundred sixty-five. c. Police or fire surviving spouse or dependent. Notwithstanding any other provision of law, a police or fire surviving spouse or dependent, shall be entitled to a supplemental pension payment to be known as a supplemental retirement allowance payable annually in monthly installments in an amount which, together with the pension received by such police or fire surviving spouse or dependent shall equal but not exceed one hundred six dollars and sixty-six cents per month, provided, however that the amount of such supplemental retirement allowance shall not exceed fifty-six dollars and sixty-six cents per month. d. Police or fire line-of-duty surviving spouse or dependent. Notwithstanding any other provision of law, a police or fire line-of-duty surviving spouse or dependent shall be entitled to receive on and after October first, nineteen hundred sixty-three a supplemental pension payment, to be known as a supplementary retirement allowance, payable annually in monthly installments in an amount which, together with pension received by such police or fire line-of-duty surviving spouse or dependent pursuant to section 13-209, 13-244, 13-309, or 13-347 of this title, shall equal but not exceed two hundred eight dollars and thirty-three cents per month, provided however that the amount of such supplemental retirement allowance shall not exceed sixty-six dollars and sixty-six cents per month; and further provided however, that no such supplemental retirement allowance shall be increased by more than sixteen dollars and sixty-six cents per month pursuant to the provisions of this subdivision, as hereby amended. e. Notwithstanding any other provision of law, a street cleaning surviving spouse or dependent shall be entitled to receive on and after January first, nineteen hundred sixty-six, a supplemental pension payment, to be known as a supplemental retirement allowance, payable annually in monthly installments in an amount which together with the pension received by such street cleaning surviving spouse or dependent pursuant to section 13-610 of this title, shall equal but not exceed ninety-eight dollars and thirty-three cents per month, provided, however, that the amount of such supplemental retirement allowance shall not at any time exceed forty-eight dollars and thirty-three cents per month. f. The supplemental retirement allowances provided for in this article shall not be paid to any city retired employee or police or fire retired employee or any police or fire surviving spouse or dependent or police or fire line-of-duty surviving spouse or dependent or any street cleaning surviving spouse or dependent for any period during which the pension or retirement allowance of such city retired employee police or fire retired employee, or police or fire surviving spouse or dependent, or police or fire line-of-duty surviving spouse or dependent, or street cleaning surviving spouse or dependent, or any part thereof is forfeited or suspended pursuant to laws. g. Any such city retired employee or police or fire retired employee already receiving a supplemental pension under article one of this subchapter shall continue to receive such supplemental pension or shall receive the supplemental retirement allowance provided under this article, whichever shall be greater.

NYC Admin. Code § 13-654 Payment of supplemental retirement allowances.

§ 13-654 Payment of supplemental retirement allowances. On or before the last day of each month, there shall be paid to each city retired employee, police or fire retired employee, police or fire surviving spouse or dependent, police or fire line-of-duty surviving spouse or dependent and street cleaning surviving spouse or dependent, from the supplemental pension fund, the monthly supplemental retirement allowance payment to which he or she may be entitled under the provisions of this article provided, however, that any supplemental retirement allowance of less than fifty cents monthly shall be paid in a lump sum at the end of the fiscal year.

NYC Admin. Code § 13-655 Rules and regulations.

§ 13-655 Rules and regulations. The board of estimate on recommendation of the comptroller shall prescribe such rules and regulations as may be required for the effective administration of the provisions of this article relating to supplemental retirement allowance payments to city retired employees or police or fire retired employees or police or fire surviving spouses or dependents or police or fire line-of-duty surviving spouses or dependents or street cleaning surviving spouses or dependents.

NYC Admin. Code § 13-656 Information to be furnished to comptroller.

§ 13-656 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 may need to carry out the provisions of this article.

NYC Admin. Code § 13-657 Supplemental pension fund.

§ 13-657 Supplemental pension fund. As used in this article, the supplemental pension fund is the special fund as provided by section 13-650 of this chapter.

NYC Admin. Code § 13-658 Reimbursement by participating employers for payments for certain city retired employees.

§ 13-658 Reimbursement by participating employers for payments for certain city retired employees. a. The granting of supplemental retirement allowances to city retired employees who retired from service in the New York city housing authority, the New York city transit authority or the triborough bridge and tunnel authority or any of the public authorities consolidated with the triborough bridge and tunnel authority, is conditioned upon the contribution by such employing authority, or if the employing authority was a public authority consolidated with the triborough bridge and tunnel authority, by the triborough bridge and tunnel authority, to the cost of providing supplemental retirement allowances to such city retired employees in the manner provided in this section. b. As soon as practicable after the close of each fiscal year of the city, the comptroller shall determine the pro-rata cost of providing such supplemental retirement allowance payments during such fiscal year to be contributed by each such authority. Such pro-rata cost shall be determined on the basis of a formula approved by the board of estimate. c. The comptroller shall thereupon submit to the fiscal officer of each such authority a statement of the amount to be contributed by it pursuant to this article. Payment of the amount specified in the comptroller's statement shall be made by such authority within sixty days after the receipt thereof. If payment of the full amount of such obligation is not made within sixty days after the receipt of such statement, interest at the rate of four percentum per annum shall commence to run against the unpaid balance thereof on the first day after such sixtieth day. d. All amounts received by the comptroller from such authorities pursuant to this article shall be deposited in and credited to the supplemental pension fund.

NYC Admin. Code § 13-659 Reimbursement of supplemental pension fund by the city.

§ 13-659 Reimbursement of supplemental pension fund by the city. The comptroller shall include with his or her budget estimate for each fiscal year amounts estimated by him or her to be sufficient to reimburse the supplemental pension fund for the cost of providing supplemental retirement allowance payments during the current fiscal year to all city retired employees (less the amount contributed by public authorities with respect to those city retired employees who retired from service with such public authorities as provided in section 13-658), to police or fire retired employees, police or fire surviving spouses or dependents, police or fire line-of-duty surviving spouses or dependents and street cleaning surviving spouses or dependents. If the city shall fail to provide such funds all supplemental retirement allowances authorized by this article shall be discontinued. If any public authority specified in section 13-658 shall fail to provide the contribution therein required only the supplementary retirement allowance paid pursuant to this article to city retired employees retired from the service of such authority and from the service of any public authority consolidated with such authority shall be discontinued.

NYC Admin. Code § 13-660 Restriction on use of retirement or pension funds.

§ 13-660 Restriction on use of retirement or pension funds. No moneys belonging to any publicly administered and operated retirement or pension system or plan shall be appropriated or used for any purpose or for any payment authorized or required by this article.

NYC Admin. Code § 13-661 Limitations on obligations.

§ 13-661 Limitations on obligations. The supplemental retirement allowances provided pursuant to this article shall not constitute membership in a pension or retirement system nor shall the granting of such allowances create a contractual relationship between the city or a public authority and any city retired employee or between the city and any police or fire retired employee or between the city and any police or fire surviving spouse or dependent or between the city and any police or fire line-of-duty surviving spouse or dependent or between the city and any street cleaning surviving spouse or dependent.

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/0-0-0-24442Fetched: 10/24/2026