Section 13-259. Accidental disability benefits in the case of retirements prior to July first, nineteen hundred sixty-five  


Latest version.
  • a. Notwithstanding the  provisions of section 13-258 of this subchapter, in  any  case  where  a
      retirement  allowance  was  or  is  awarded under the provisions of such
      section, by reason of the retirement  for  accidental  disability  of  a
      member  occurring  before  July first, nineteen hundred sixty-five, such
      retirement allowance shall not be less  than  three-fourths  the  annual
      salary or compensation payable to a first grade patrolman on July first,
      nineteen  hundred sixty-five. In the case of a member receiving a lesser
      retirement  allowance  than   three-fourths   the   annual   salary   or
      compensation  of  a  first  grade  patrolman  as of July first, nineteen
      hundred and sixty-five, there shall be added to the pension  portion  of
      his or her retirement allowance an amount which when added to his or her
      retirement   allowance   provided  for  under  section  13-258  of  this
      subchapter, shall equal three-fourths the annual salary or  compensation
      payable  to  a  first grade patrolman as of July first, nineteen hundred
      and sixty-five. For the purpose of computing the annuity portion of such
      retirement allowance, his or her accumulated  deductions  shall  be  the
      required  amount of such deductions at the time of his or her retirement
      from the police  force,  without  any  increase  resulting  from  excess
      contributions   and   without   any   decrease   resulting  from  excess
      contributions and  without  any  decrease  resulting  from  withdrawals,
      loans,  optional  modification,  payment of his or her contributions for
      old age and survivors insurance coverage, or from any other  transaction
      authorized by law.
        b.  Such retirement allowance shall be payable to the same persons and
      shall be subject to the same terms and conditions, including  provisions
      as to terminations, as the retirement allowance which would otherwise be
      payable  to  the  member  under section 13-258 of this subchapter or any
      other law.
        c. The retirement allowance payable  pursuant  to  the  provisions  of
      subdivisions  a and b of this section shall be in lieu of any retirement
      allowance which would otherwise be payable on and  after  the  effective
      date  of  this  section  pursuant to the provisions of section 13-258 of
      this subchapter.