Section 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.