Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 13. RETIREMENT AND PENSIONS |
Chapter 5. MISCELLANEOUS PENSION AND RETIREMENT PROVISIONS |
Subchapter 3. HEALTH DEPARTMENT PENSION FUND |
Section 13-624. Pension for service
Latest version.
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a. Any member who has or shall have performed duty in the department of health, for a period of twenty years or upwards, upon his or her own written application to and filed with the board of trustees, setting forth at what time, not less than thirty days subsequent to the execution and filing thereof, he or she desires to be retired, or upon a certificate and report of a board of physicians, appointed by the board of health, certifying that such member is permanently disabled so as to be unfit for further duty in such department, or upon attaining the age of seventy years, shall be retired from active service by resolution of the board of estimate, as of the date specified in said application, or certificate, or upon attaining such seventieth year, and shall be placed upon the health department pension roll, provided that at the time so specified for his or her retirement, his or her term or tenure of office or employment shall not have terminated or have been forfeited, and provided further that upon his or her request in writing the member shall be granted a leave of absence from the date of filing said application until the date the retirement becomes effective. A member in city-service, however, who has or shall have attained the age of seventy years, upon the approval of the commissioner of health, may request the board of estimate to be continued in the public service for a period of two years and such board, where advantageous to the public service, may grant such request for such period, not exceeding two years as such board may determine. At the termination of such additional period of service, such board in like manner may permit such employee to continue in the public service for successive two year periods or any portion thereof. In no case shall public service be continued after a member shall have attained the age of eighty years. Any member placed upon the health department pension roll under the provisions of this section shall be awarded, granted and paid from such fund by the trustees thereof an annual sum during his or her lifetime equal to one-half of the annual salary received by such member at the time of retirement plus one and one-half per centum of the annual salary received by him or her each year subsequent to the completion of his or her thirtieth year of service, provided that paid-for service before October first, nineteen hundred twenty shall be credited whether in the department of health or in any other city department. b. Pensions granted under this section shall be for the life of person receiving the same, and shall not be revoked, repealed or diminished. c. When a member has been awarded and granted a pension pursuant to the provisions of this section and shall die prior to receiving payments from such pension fund equal to the compensation earned by him or her in the city service while a member during the twelve months immediately preceding his or her retirement, there shall be paid by the trustees of the pension fund to his or her estate, or to such person as he or she has nominated or shall nominate by written designation duly executed and filed with the board of trustees during his or her lifetime, a sum of money equal to the difference between the compensation earned by him or her in the city service while a member during the twelve months immediately preceding his or her retirement and the total payments received by him or her from such pension fund.