Section 13-351. Method of computing retirement allowance of chief of department  


Latest version.
  • a. Any member who shall have been appointed as  a  chief  of  department of the fire department shall be entitled, upon retirement for
      service  from  such  position, to elect to receive, in lieu of any other
      service retirement benefit to which he  or  she  may  be  entitled,  the
      applicable   retirement   allowance   provided  for  in  the  succeeding
      subdivisions of this section.
        b. If such member was an original plan member not subject  to  article
      eleven  (as  defined  in  subdivision  four-c  of section 13-313 of this
      subchapter) at the time of such retirement,  such  retirement  allowance
      shall  be  equal  to  two-thirds  of  his  or  her  salary  as  chief of
      department.
        c. If such member was an improved benefits plan member not subject  to
      article eleven (as defined in subdivision four-i of such section 13-313)
      at  the time of such retirement, such retirement allowance shall consist
      of  an  annuity  which  is  the  actuarial  equivalent  of  his  or  her
      accumulated  deductions  at  the  time of such retirement and a pension,
      which, when added to such annuity, will make such  retirement  allowance
      equal to two-thirds of his or her salary as chief of department. 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 such position,
      including any amount then remaining unpaid with respect to  his  or  her
      contribution  rate  deficiency  (as defined in subdivision twenty-one of
      such section) 13-313, if any, without any increase resulting from excess
      contributions and  without  any  decrease  resulting  from  withdrawals,
      loans,  optional  modification,  payment of his or her contributions for
      old age and survivor's insurance coverage, or from any other transaction
      authorized by law. For the purposes of  this  subdivision  c,  any  such
      unpaid  amount  of contribution rate deficiency, in the case of any such
      member who becomes an improved benefits plan member before completion of
      his or her minimum period for service retirement,  shall  be  deemed  to
      consist  of  such  amount  plus regular interest thereon from his or her
      date of commencement of  contributions  as  an  improved  benefits  plan
      member  (as  defined  in subdivision nineteen of such section) 13-313 to
      the date of  completion  of  his  or  her  minimum  period  for  service
      retirement.
        d.  If  such  member  was  an  original plan member subject to article
      eleven (as defined in subdivision four-d of such section 13-313) at  the
      time  of  such retirement, such retirement allowance shall be determined
      pursuant to the provisions of subdivision b of this section,  except  to
      the  extent  and  in  the  manner that any such provision is modified by
      article eleven.
        e. If such member was an improved  benefits  plan  member  subject  to
      article eleven (as defined in subdivision four-j of such section) 13-313
      at  the  time  of  such  retirement,  such retirement allowance shall be
      determined pursuant to the provisions of subdivision c of this  section,
      except  to  the  extent  and  in  the  manner that any such provision is
      modified by article eleven.