Section 13-610. Payment of pensions; disability; death  


Latest version.
  • a. The commissioner
      of sanitation shall have power in his or her discretion, as  hereinafter
      provided,  to  retire  and dismiss any member from service in his or her
      department. The commissioner shall grant relief or  a  pension  to  such
      member  so  retired  and  dismissed,  and  to the spouses and orphans of
      members who may be entitled to receive such relief  or  pension,  to  be
      paid from such fund, in monthly installments, as follows:
        1.  To  any  such  member  who,  at  any  time,  while  in  the actual
      performance of duty, and without fault or misconduct on the part of such
      member, has become permanently disabled, physically or mentally,  so  as
      to be unfit to perform the duties required of such member, provided that
      such  unfitness  for  duty  has  been  certified to by a majority of the
      medical examiners of such department,  the  sum  of  fifty  dollars  per
      month.
        2. To the spouse of any member who has been killed while in the actual
      performance  of  his  or  her  duty, or has died from the effects of any
      injury received while in the actual performance of such duty, the sum of
      six hundred dollars per annum; and to the spouse of any member  who  has
      died  and who has been ten years in the service in such department or in
      the former department of street cleaning, or both such  departments,  at
      the  time  of  his  or her death, or who, after having been retired on a
      pension, as hereinafter provided, if there shall be no child or children
      of such member under eighteen years of  age,  the  sum  of  six  hundred
      dollars  per  annum, in the discretion of such treasurer and trustee. If
      there be such child or children of such member under the age  aforesaid,
      then  such  sum may be divided between such spouse, child or children in
      such proportion and in such manner as such  treasurer  and  trustee  may
      direct.  The  right  of  such  spouse  to  such  pension shall cease and
      terminate at his or her death or remarriage; or if he or she shall  have
      been  guilty  of  conduct  which  in  the  opinion of such treasurer and
      trustee renders payment inexpedient.
        3. To any child or children under eighteen years of age of such member
      so killed or dying, or dying after retirement leaving no spouse, or if a
      spouse, then after her death or remarriage or loss  of  pension  due  to
      conduct  aforesaid,  the sum of six hundred dollars per annum to be paid
      as such treasurer and trustee shall direct until such child or  children
      shall have attained the age of eighteen years or shall have married.
        4.  To the dependent parent or parents of any such member who has died
      and dying leaves no spouse surviving him or her or child under  the  age
      of  eighteen  years  the sum of six hundred dollars per annum, for their
      support, divided between them to or either one  as  such  treasurer  and
      trustee  may  direct, to cease as to the one dying upon his or her death
      or after the death of one to be continued to the other in  such  sum  as
      the  treasurer  and  trustee  may  direct,  to  cease  as to either upon
      remarriage.
        b. Notwithstanding  the  provisions  of  this  section  or  any  other
      provision  of  law,  a  person who is a spouse, minor child or dependent
      parent of any member who shall die or retire after the effective date of
      this subdivision as hereby enacted, and who, as a result of the death of
      such member or retired member, receives a pension pursuant to  paragraph
      two,  three  or  four of subdivision a of this section, shall receive in
      addition to such pension, a supplemental pension payment to be known  as
      a  supplemental  pension, payable annually in monthly installments in an
      amount which, together with the pension received by such  spouse,  minor
      child  or  dependent  parent pursuant to paragraph two, three or four of
      subdivision a of this section, shall equal but not  exceed  ninety-eight
      dollars  and  thirty-three  cents per month, provided, however, that the
      amount of such supplemental pension shall not exceed forty-eight dollars
    
      and thirty-three cents per month.  Such  supplemental  pension  payment,
      however, shall not extend beyond December thirty-first, nineteen hundred
      sixty-five. If more than one such person shall receive pensions pursuant
      to  paragraph  two, three or four of subdivision a of this section on or
      after the date of death of such member or retired member as a result  of
      being  a  spouse,  minor  child or dependent parent of the same deceased
      member or deceased retired member, they shall collectively be deemed  to
      be  one  person  receiving  one  pension  within  the  meaning  of  this
      subdivision  and  a  supplemental  pension  granted  to   such   persons
      collectively  under this subdivision shall be divided among such persons
      in the same proportion as the pensions received by  them  and  shall  be
      subject  to termination upon the same terms and conditions as govern the
      termination of such pensions.