Section 13-375. Exemption under original plan from tax and legal process  


Latest version.
  • The
      right  of  a  person  under the provisions of law governing the original
      plan to a retirement allowance or a dependent benefit, to the return  of
      contributions, the retirement allowance or dependent benefit itself, any
      optional  benefit,  any  other  right  accrued or accruing to any person
      under the provisions of this subchapter relating to such plan,  and  the
      right  to  any  benefit  under subchapter five or subchapter six of this
      chapter and any such benefit itself, and the moneys in the various funds
      provided for by this subchapter and in the funds provided  for  by  such
      subchapter  five and subchapter six, are hereby exempt from any state or
      municipal tax, and shall  not  be  subject  to  execution,  garnishment,
      attachment,  or  any other process whatsoever, and shall be unassignable
      except as in any such subchapter specifically provided.
        Notwithstanding the foregoing provisions of this  section,  a  retired
      member  shall  have  the  right,  at any time after the retired member's
      retirement, to execute and file a dues deduction authorization  card  or
      an  authorization  in  writing with the New York fire department pension
      fund authorizing the deduction  from  the  retired  member's  retirement
      allowance  of  membership  dues  or  premiums  for employee organization
      sponsored group insurance plans and the payment  thereof  to  a  retiree
      organization  of  which the retired member certifies he or she is then a
      member and which the retired member certifies is  then  affiliated  with
      either   an   employee  organization  certified  or  recognized  as  the
      collective bargaining representative of all employees in the negotiating
      unit of which the retired  member  was  a  part  prior  to  his  or  her
      retirement   or  an  employee  organization  with  which  such  employee
      organization is then affiliated. The comptroller shall thereafter deduct
      from the retirement allowance of  such  retired  member  the  amount  of
      membership  dues  required to be paid by such retired member or premiums
      for employee organization sponsored  group  insurance  plans  and  shall
      transmit  the  sum  so  deducted  to  said  retiree  organization.  Such
      authorization shall continue in effect until revoked in writing by  such
      retired  member.  The  board  shall  determine the cost of administering
      deductions  for  premiums  for  employee  organization  sponsored  group
      insurance  plans  and  the  cost  incurred  by  the pension fund and the
      comptroller in administering the same shall  be  paid  by  the  employee
      organization.