Section 13-325. Contributions by original plan members  


Latest version.
  • a. (1) The retirement
      allowance  accumulation  fund,  as established by the provisions of this
      subdivision as in effect prior to the  starting  date  of  the  improved
      benefits  plan  (as  such date is defined in subdivision twenty-seven of
      section 13-313 of  this  subchapter),  shall  cease  to  exist  on  such
      starting date.
        (2)   There  shall  be  transferred  from  such  retirement  allowance
      accumulation fund to the contingent reserve fund established by sections
      13-324 and 13-331 of  this  subchapter  all  assets  of  the  retirement
      allowance  accumulation  fund  as  of  such starting date, including the
      obligation represented by all unpaid amounts which are due  and  payable
      to  the  retirement allowance accumulation fund up to and including such
      date pursuant to the rates of member  deduction  and  city  contribution
      certified  under  section  13-321 of this subchapter prior to such date.
      Any such unpaid  amounts  which  constitute  assets  of  the  retirement
      allowance  accumulation  fund as of such starting date and which are due
      from and payable by the city shall be appropriated and paid by the  city
      pursuant  to  the  provisions of this section and section 13-334 of this
      subchapter as in effect immediately prior to such date.
        (3) Of  such  transferred  amount,  the  prior  original  plan  member
      accumulated  contributions  (as  defined in subdivision six-b of section
      13-313 of this subchapter), as of such starting date, of  each  original
      plan  member  shall be transferred to his or her credit in an individual
      account in the contingent reserve fund.
        b. (1) Subject to the provisions of paragraph two of subdivision c  of
      this section, on and after such starting date, each original plan member
      shall contribute to the pension fund, through deductions from his or her
      compensation  as  provided for by paragraph one of such subdivision c, a
      proportion of his or her earnable compensation (before reduction of such
      proportion on account of  any  program  for  increased-take-home-pay  in
      effect)  equal  to  the  proportion  of his or her earnable compensation
      (before reduction on account of any program for  increased-take-home-pay
      in  effect)  which  he  or she was required to contribute to the pension
      fund as of the date next preceding such starting date.
        (2) The normal rate of contribution as an  original  plan  member  (as
      defined  in  subdivision seventeen of section 13-313 of this subchapter)
      of any original plan member shall continue unchanged while he or she  is
      an original plan member.
        (3)  The cash benefits payable under the provisions of this subchapter
      to, or upon the death of, an original  plan  member  in  active  service
      shall  be  paid from the contingent reserve fund. Upon the retirement of
      an original plan member, or upon his or her death in the performance  of
      duty,  an  amount  equal  to  the  retirement  allowance reserve for the
      retirement allowance payable on account of his or her city-service as  a
      member,  shall  be  transferred  from the contingent reserve fund to the
      retirement allowance reserve fund.
        c. (1) Such board shall certify to the commissioner who  shall  deduct
      from  the  compensation  of  each original plan member on each and every
      payroll of such member for each and every payroll period, the proportion
      of his or her earnable compensation which  he  or  she  is  required  to
      contribute  to the pension fund as provided for by subdivision b of this
      section, provided that such proportion shall be reduced  on  account  of
      any program for increased-take-home-pay to the extent and for the period
      prescribed by any laws providing for such a reduction for members of the
      pension  fund,  as  applicable to such member. In determining the amount
      earnable by a member in a payroll period, such board  may  consider  the
      rate  of  compensation  payable  to  such member on the first day of the
      payroll period as continuing throughout such  payroll  period  and  such
    
      board  may  omit deductions from compensation for any period less than a
      full payroll period if an employee was not a member on the first day  of
      the  payroll  period. To facilitate the making of deductions, such board
      may  modify the contribution required of any member by such an amount as
      shall not exceed one-tenth of one per cent of the compensation upon  the
      basis  of which such contribution is to be made. The deductions provided
      herein shall be  made  notwithstanding  that  the  minimum  compensation
      provided  by  law  for any member shall be reduced thereby. Every member
      shall be deemed to consent and agree to the reductions made and provided
      for herein  and  shall  receipt  in  full  for  his  or  her  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 person 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.   The
      commissioner  shall certify to the comptroller on each and every payroll
      the amounts to be deducted. Each of such amounts shall be  deducted  and
      when  deducted shall be paid into the contingent reserve fund, and shall
      be  credited  to  an  individual  account  of  the  member  from   whose
      compensation such deduction was made.
        (2) Notwithstanding any other provision of law to the contrary, in the
      case of any original plan member whose years of fire service credited to
      him  or  her  equal  or exceed the minimum period for service retirement
      elected by him or her, that part of any earnable  compensation  of  such
      member  earned  after  completion of such minimum period and on or after
      July first, nineteen hundred  sixty-nine,  which  part  is  obtained  by
      multiplying  such  compensation  by  the  excess,  if any, of his or her
      normal rate of contribution as an original plan member  (as  defined  in
      subdivision  seventeen  of  section 13-313 of this subchapter) rate over
      five per cent, shall not be deducted under subdivision b of this section
      and paragraph one of this  subdivision  c.  Nothing  contained  in  this
      paragraph  two shall affect or impair any rights conferred upon any such
      member by section 13-326 of this subchapter.
        d. In addition to the  contributions  from  compensation  hereinbefore
      provided,  any  original  plan  member  may  redeposit in the contingent
      reserve fund by a single payment an amount equal  to  the  total  amount
      which  he  or  she  withdrew  previously  therefrom  as provided in this
      subchapter. Such additional amount so deposited shall become a  part  of
      his  or  her accumulated contributions. The accumulated contributions of
      an original plan member withdrawn as provided in this  subchapter  shall
      be paid out of the contingent reserve fund.