Relief and Pension Fund of the Department of Street Cleaning

NYC Admin. Code tit. 13, ch. 5, subch. 1

in effect

NYC Admin. Code § 13-601 Organization and membership.

§ 13-601 Organization and membership. The relief and pension fund of the department of street cleaning as now constituted shall be continued only for the benefit of members of such fund on December first, nineteen hundred twenty-nine, and the widows, orphans and dependent parents of such members, as hereinafter provided.

NYC Admin. Code § 13-602 Continuance of status in fund.

§ 13-602 Continuance of status in fund. A member of the relief and pension fund of the department of street cleaning appointed to a position in the exempt class in the department of sanitation shall continue to have the same rights, privileges, obligations and status with respect to such fund.

NYC Admin. Code § 13-603 Composition of fund.

§ 13-603 Composition of fund. The relief and pension fund of the department of street cleaning 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 thirty-eight. 2. A sum of money equal to, but no greater than, three per cent of the weekly or monthly pay, salary or compensation of each member, which sum shall be deducted, weekly or monthly, as the case may be, by the comptroller from the pay, salary or compensation, of each and every member, and such comptroller is hereby authorized, empowered and directed to deduct such sum of money, and to pay the same monthly to the treasurer and trustee of the relief and pension fund of the department of street cleaning. 3. All money, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any member on account of fines, suspensions or absence for any cause, loss of time, sickness or other disability, physical or mental, to be paid monthly by the comptroller to the treasurer and trustee of such fund, except in the case of a sweeper, driver, or other employee who may have been sick or absent for any cause, and whose position has been filled by an extra sweeper, driver, or other temporary employee, to whom compensation has been paid. 4. All moneys received for the privilege of scow trimming or assorting of refuse at the various dumps in the city, or at any other place where refuse may be disposed of. 5. All moneys received from the sale of steam or house ashes, garbage and refuse, collected by the department of sanitation, and any moneys that may be received for the disposal of such steam or house ashes, garbage or refuse. 6. So much of the proceeds of sales of unharnessed trucks, carts, wagons and vehicles of any description, and of all boxes, barrels, bales or other merchandise, or other movable property, found in any public street or place and removed therefrom by the commissioner of sanitation under any provision of law authorizing such commissioner to remove and to sell such incumbrances, as exceeds the necessary expense of the sales of such condemned property or unredeemed incumbrances and which is not, under such provision of the law, paid to the lawful owner or owners of such incumbrances sold, and all moneys collected for the release of merchandise, unharnessed vehicles or movable property so removed. 7. All gifts or bequests which may be made to such fund or the commissioner of sanitation as treasurer and trustee of such fund. Such commissioner is hereby authorized and empowered to take and hold such gifts or bequests for the use of such fund. 8. In case the amount derived from the different sources included in this section shall not be sufficient at any time to enable the trustee of the fund to pay in full the pensions which have been or which may hereafter be granted, it shall be the duty of the commissioner of sanitation each year at the time of making up the departmental estimate, to prepare a full and detailed statement of the assets of such fund and the amount which is required to pay in full all such pensions, and to present the same to the director of the budget, together with a statement of the amount of money required to enable such treasurer and trustee to pay such pensions in full. There shall be included annually in the budget a sum sufficient to provide for such deficiency. The comptroller shall pay over the money so provided to the trustee of the relief and pension fund.

NYC Admin. Code § 13-604 Relief from contributions.

§ 13-604 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 shall be reduced to one-half of one per centum instead of three per centum or that no such deduction at all 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-two.

NYC Admin. Code § 13-605 Relief from contributions.

§ 13-605 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 shall be reduced to one-half of one per centum instead of three per centum or that no such deduction at all 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-three.

NYC Admin. Code § 13-606 Relief from contributions.

§ 13-606 Relief from contributions. a. 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-four. b. 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-five. c. 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-six. d. 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-seven. e. 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 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 § 13-607 Trustee of fund.

§ 13-607 Trustee of fund. The commissioner of sanitation shall be the treasurer and trustee of such relief and pension fund. Before entering upon his or her duties as such treasurer and trustee, he or she shall deliver to the comptroller a bond in the penal sum of seventy-five thousand dollars, to be approved by the comptroller, conditioned for the faithful discharge and performance of his or her duties as such treasurer and trustee. Compensation shall be made to him or her for the expense of procuring sureties for such bond to be paid out of such fund.

NYC Admin. Code § 13-608 Duties of trustee.

§ 13-608 Duties of trustee. a. Such treasurer and trustee shall have charge of and administer such fund. He or she shall receive all moneys applicable to such fund, and, from time to time, shall invest such moneys, or any part thereof, in any manner allowed by law for investments by savings banks, as he or she shall deem beneficial to such fund. He or she is empowered to make all necessary contracts and to conduct necessary and proper actions and proceedings in the premises, and to pay from such fund the relief or pensions granted in pursuance of this subchapter. He or she is authorized and empowered from time to time, to establish such rules and regulations for the disposition and investment, preservation and administration of such fund as he or she may deem best. No payment whatever shall be allowed or made by such treasurer and trustee from such fund as reward, gratuity or compensation to any person for salary or service rendered to or for such treasurer and trustee, except payment of necessary legal expenses and compensation as aforesaid for the expense of procuring sureties on his or her bond. b. The commissioner of sanitation, as such treasurer and trustee may employ the members of the clerical force in such clerical work as may be necessary for the care and administration of such fund as a part of their regular duties and without extra compensation. c. Such commissioner is authorized and empowered to make and enforce all such rules, orders and regulations as may be necessary to carry out the provisions of this subchapter relative to pensions, and may employ members of the department for such purpose so far as may be required.

NYC Admin. Code § 13-609 Reports and audits.

§ 13-609 Reports and audits. a. On or before the first day of February of each year, such treasurer and trustee shall make a verified report to the mayor containing a statement of the account of such fund under his or her control and of all receipts, investments and disbursements, on account of such fund, together with the name and residence of each beneficiary. b. There shall be an auditing committee, consisting of three members, to be appointed by the mayor. Such committee, annually on or before March first, shall examine the condition of such fund, audit the accounts of such treasurer and trustee and make report thereon to the mayor within thirty days thereafter.

NYC Admin. Code § 13-610 Payment of pensions; disability; death.

§ 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.

NYC Admin. Code § 13-611 Retirement for service.

§ 13-611 Retirement for service. Any member who has performed duty for a period of ten years or upwards shall be relieved and dismissed from such force upon his or her own application, or by order of the commissioner, upon an examination by the medical examiners of such department, to be made at any time when so applied for or when so ordered, if a majority of such medical examiners certify that such member is permanently disabled, physically or mentally, so as to be unfit for duty. Such member so relieved and dismissed from such force shall be paid from such fund in monthly installments during his or her lifetime a sum not less than one-half of the annual salary or compensation of such member when so retired. A member who has performed duty on such force for a period of twenty-five years or upwards, whether continuous or rendered during different periods, upon the application of such member in writing, 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 relieved and dismissed from such force and service and shall be paid from such fund in monthly installments during his or her lifetime a sum not less than one-half of the annual salary or compensation of such member when so retired, 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 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. No member shall be retired or granted a pension while there are charges of official misconduct pending against him or her. Pensions granted under this section shall be for the life of the pensioner, and shall not be revoked, repealed or diminished.

NYC Admin. Code § 13-612 Pension after service as commissioner or deputy commissioner.

§ 13-612 Pension after service as commissioner or deputy commissioner. Any member who has performed duty in the uniformed force of the department of street cleaning or sanitation for a period of twenty years and upwards and as commissioner or deputy commissioner of street cleaning or sanitation for a period of eighteen months or upwards, six months of which period must have been served after May twenty-second, nineteen hundred twenty-three, upon payment by him or her to the relief and pension fund of the department of street cleaning of three per cent of his or her salary as such commissioner or deputy commissioner, as the case may be, from the date of his or her appointment as such to the date of his or her retirement, may be retired by the mayor and placed upon the pension roll of the relief and pension fund of the department of street cleaning and granted an annual pension equal in amount to one-half the salary of commissioner or deputy commissioner as the case may be, at the time of such retirement. In the event that any such commissioner or deputy commissioner is a member of any other retirement system in the city, it is hereby directed that his or her membership be transferred from such other system to the relief and pension fund of the department of street cleaning, and that all deductions theretofore made from his or her compensation as commissioner or deputy commissioner as the case may be, to the fund of such other retirement system, be refunded to him or her.

NYC Admin. Code § 13-613 Exemption from execution and process.

§ 13-613 Exemption from execution and process. The moneys or other property of the relief and pension fund of the department of street cleaning and all pensions or relief moneys granted and payable from such fund shall be, and the same are, exempt from levy and sale under execution, and from all processes or proceedings to enjoin payment, or to recover such moneys or property, by or on behalf of any creditor or other person having or asserting any claim against, or debt or liability of any person entitled to such pension or relief.

NYC Admin. Code § 13-614 Termination of membership; transfer to New York city employees' retirement system.

§ 13-614 Termination of membership; transfer to New York city employees' retirement system. a. Notwithstanding any other provision of law, any officer or employee of the department of sanitation who is a member of or entitled to membership in the relief and pension fund, and who, prior to the eighteenth day of May, nineteen hundred fifty, executed and filed an application for membership in the New York city employees' retirement system and made contributions to such retirement system in the same manner as a member thereof, may, prior to the first day of January, nineteen hundred fifty-two, elect to become a member of the New York city employees' retirement system by complying with the following conditions: 1. He or she shall file with the secretary of such retirement system a duly executed and acknowledged instrument of election renouncing all rights in the relief and pension fund, and 2. If the accumulated deductions of such officer or employee in such retirement system have been withdrawn or refunded, he or she shall pay into such retirement system the amount thereof, together with further interest thereon at an unchanged rate from the time of withdrawal or refund, and 3. If such officer or employee cease making contributions to such retirement system by reason of being entered on the rolls of the relief and pension fund as a member thereof, he or she shall pay into the New York city employees' retirement system the amount of accumulated deductions, computed to the time of payment, which would have been produced during such period of non-contribution by the contributions which would have been payable during such period if such officer or employee had been then a member of such retirement system. b. Upon compliance by any such officer or employee with the conditions specified in subdivision a of this section, all rights in the relief and pension fund of such officer or employee shall terminate, and he or she shall become a member of the New York city employees' retirement system. The membership of such officer or employee in such system shall be deemed to have originally begun on the date when it would have begun (as determined by the commencement of the period with respect to which such officer or employee made contributions to such retirement system) if such officer or employee had been eligible for membership in such retirement system at the time of his or her original appointment to the department of street cleaning; provided that any such officer or employee shall be credited as a member of such retirement system with all periods of service which would have been credited to such officer or employee (including service credit purchased) if his or her membership in such retirement system had actually begun on the date when it is deemed to have begun as above provided. For the purpose of this section, the term "service" shall mean service (1) for which such officer or employee was paid and (2) with respect to which equivalent accumulated deductions (i) are on deposit in such retirement system to the credit of such officer or employee at the time of the enactment of this section, or (ii) are paid into such retirement system by such officer or employee pursuant to the provisions of paragraphs two and three of subdivision a of this section. c. Any sum in the relief and pension fund representing contributions thereto by any such officer or employee making such election, together with interest thereon, if such interest was theretofore paid into such fund by or for the account of any such officer or employee, shall be transferred to the New York city employees' retirement system and shall be credited toward any payments required to be made by him or her under the provisions of paragraphs two and three of subdivision a of this section. d. No such officer or employee making such election shall acquire any greater rights in such retirement system than he or she would possess if he or she had actually become a member thereof at the time when his or her membership is deemed to have commenced under the provisions of subdivision b of this section. e. The privilege of electing to become a member of the New York city employees' retirement system conferred by this section shall apply only to living persons who qualify for the exercise of such privilege under this section.

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/0-0-0-23484Fetched: 10/24/2026