Section 13-203. Composition of pension fund  


Latest version.
  • 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.