Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 13. RETIREMENT AND PENSIONS |
Chapter 3. FIRE DEPARTMENT PENSION FUND AND RELATED FUNDS |
Subchapter 2. |
Section 13-342. Rules regulating loans to members
Latest version.
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Any member who shall have been a member continuously at least three years, may borrow from the pension fund, subject to such rules and regulations as may be approved by such board, an amount not exceeding seventy-five per cent of the amount of his or her accumulated contributions (as defined in subdivision seven of section 13-313 of this subchapter), in the case of an original plan member, or an amount not exceeding seventy-five per cent of the amount of his or her accumulated deductions (as defined in subdivision seven-a of such section 13-313), in the case of an improved benefits plan member, provided that the amount so borrowed by any such original plan member or improved benefits plan member, together with interest thereon, can be repaid before attainment of age sixty-five years by additional deductions of ten per cent from his or her compensation made at the same time compensation is paid to the member. Upon retirement, an original plan member may borrow up to ninety percent of his or her accumulated contributions. An improved benefits plan member may borrow up to ninety percent of his or her accumulated deductions. The amount so borrowed together with regular interest applicable to the member (if he or she is an original plan member) or creditable to his or her account (if he or she is an improved benefits plan member) on any unpaid balance thereof shall be repaid to the pension fund in equal installments by deduction from the compensation of the member at the time the compensation is paid, but such installments shall be at least five per cent of the member's earnable compensation and at least sufficient to repay before attainment of age sixty-five years, the amount borrowed with interest thereon. Notwithstanding anything to the contrary in this subchapter, the additional deductions required to repay the loan shall be made, and the interest paid on the loan shall be credited to the proper funds of the pension fund. In lieu of loan, any improved benefits plan member whose rate or contribution is cancelled, may withdraw from his or her account and may restore thereto in any year as he or she may elect any sum in excess of the maximum in his or her annuity savings account and due thereto at the end of the calendar year in which he or she became entitled to cancel his or her rate. The actuarial equivalent of any unpaid balance of a loan at the time any benefit may become payable shall be deducted from the benefit otherwise payable, except that each loan made pursuant to this section shall be insured by the pension fund, without cost to the member, against the death of such member in an amount up to but not exceeding twenty-five thousand dollars, as follows: 1. Until thirty days have elapsed after the making thereof, no part of the loan shall be insured. 2. From the thirtieth through the fifty-ninth day after the making thereof, twenty-five per centum of the present value of the outstanding loan shall be insured. 3. From the sixtieth through the eighty-ninth day after the making thereof, fifty per centum of the present value of the outstanding loan shall be insured. 4. On and after the ninetieth day after the making thereof, all of the present value of the outstanding loan shall be insured. Upon the death of a member, the amount of insurance so payable shall be credited to his or her accumulated contributions in the case of an original plan member, or to his or her accumulated deductions, in the case of an improved benefits plan member.