Section 13-617. Composition of fund

a. The health department pension fund
  shall consist of the following:
    1.  The  capital,  interest,  income,   dividends,   cash,   deposits,
  securities and credits in such fund on the day this section, as amended,
  shall take effect.
    2.  Except  as  provided  in subdivision c of this section, all moneys
  collected from fines and penalties for violations of the health code  or
  health laws in the city, including fines for violations of orders issued
  pursuant  to  sections 17-104, 17-107, 17-108 and 17-165 of the code and
  all moneys received from the issuance or  granting  of  permits  by  the
  board  of  health  of the department of health and mental hygiene and by
  the commissioner of health and mental hygiene  pursuant  to  the  health
  code.
    3.  A  sum  of  money equal to but not greater than one percent of the
  monthly pay, salary or compensation of each member of such  fund,  which
  sum  shall  be  deducted  semi-monthly  by the comptroller from the pay,
  salary or compensation of each member, and such  comptroller  is  hereby
  authorized,  empowered  and  directed  to  deduct such sum of money, and
  forthwith to pay the same  to  the  board  of  trustees  of  the  health
  department pension fund.
    4. If the assets in the sources enumerated in paragraphs one and three
  of  this  subdivision  shall  be  insufficient, during an ensuing fiscal
  year, to pay all pensions,  allowances,  benefits,  grants,  awards  and
  payments  pursuant  to this subchapter during such fiscal year, it shall
  be the duty of the board of trustees  at  the  time  of  submitting  its
  estimate  to  the director of the budget for such year, to submit a full
  and detailed statement of  the  assets  of  such  fund  and  the  amount
  required, during such year, to pay all such sums in full. There shall be
  included  in  the  budget  for such year a sum sufficient to provide for
  such deficiency. The comptroller shall pay the money so provided to  the
  board of trustees.
    b.  All  such  moneys  collected  by the department, officers, clerks,
  judges  of  the  criminal  courts  and  courts  shall  be  paid  to  the
  commissioner of finance within thirty days after such payment. Except as
  provided  in  subdivision  c  of this section, such moneys shall be paid
  over to the board of trustees of the health department pension fund.
    c. In  the  event  that  the  assets  in  the  sources  enumerated  in
  paragraphs  one  and  three  of  subdivision  a of this section shall be
  sufficient,  during  an  ensuing  fiscal  year,  to  pay  all  pensions,
  allowances,  benefits,  grants,  awards,  and  payments pursuant to this
  subchapter  during  such  fiscal  year  or  when  the  city  shall  make
  appropriation  for such year pursuant to paragraph four of subdivision a
  of this section, the moneys  collected  during  such  year  pursuant  to
  paragraph  two  of subdivision a and subdivision b of this section shall
  be paid into the general fund of the city.
    d. In the event that the assets in the fund at the end of  the  fiscal
  year  terminating  June  thirtieth,  nineteen  hundred  forty-one, shall
  exceed the amount required to pay all  pensions,  allowances,  benefits,
  grants,  awards and payments pursuant to this subchapter during the next
  fiscal year, the surplus therein shall be paid into the general fund.