Section 13-686. Supplemental pension  


Latest version.
  • a. A supplemental pension shall be paid
      to  police  or  fire  line-of-duty surviving spouses or dependents. Such
      supplemental pension shall be payable on the basis provided for  herein,
      commencing  with  a  payment  for  the  month  of July, nineteen hundred
      seventy-three and continuing through the month  of  September,  nineteen
      hundred  seventy-four.  In  the  case  of  a police or fire line-of-duty
      surviving spouse or dependent who  is  entitled  to  receive  an  annual
      increased  allowance  (as  defined in subdivision e of section 13-685 of
      this chapter) said supplemental pension shall be a  percentage  of  such
      annual  increased  allowance  and  in  the  case  of  a  police  or fire
      line-of-duty surviving spouse  or  dependent  who  is  not  entitled  to
      receive  an  annual increased allowance, such supplemental pension shall
      be a percentage of the basic annual pension (as defined in subdivision d
      of such section 13-685), and in either case  such  percentage  shall  be
      determined  on  the basis of the consumer price index (all items--United
      States city average), published by the United  States  Bureau  of  Labor
      Statistics.  Said  percentage shall be determined in the manner provided
      in this section. Said supplemental pension  shall  be  computed  on  the
      basis  of  the  first  eight  thousand  dollars  of the annual increased
      allowance, in the case of a police or fire line-of-duty surviving spouse
      or dependent entitled to receive such an allowance and on the  basis  of
      the  first  eight  thousand  dollars of the basic annual pension, in the
      case of a police or fire line-of-duty surviving spouse or dependent  who
      is not entitled to receive an annual increased allowance.
        b.  The  percentage referred to in this section shall be determined as
      the ratio of two indexes, in the following  manner.  The  ratio  of  the
      indexes  shall  be  the  average  of  the  twelve monthly consumer price
      indexes of the calendar year nineteen hundred sixty-nine divided by  the
      average of the twelve monthly consumer price indexes (i) of the calendar
      year  nineteen  hundred  sixty-five, in any case where the death of such
      member occurred before July first, nineteen hundred sixty-five  or  (ii)
      of  the calender year in which the death of such member occurred, in any
      case where the death of such member occurred on  or  after  July  first,
      nineteen  hundred  sixty-five. Said ratio, minus one, shall be expressed
      as a percentage and shall be adjusted to  the  lower  one-tenth  of  one
      percentum.  Such  applicable adjusted percentage shall be the percentage
      of the applicable portion of the annual  increased  allowance  or  basic
      annual  pension,  as  the case may be, which is payable as a supplement.
      However, no such supplement shall be paid where such percentage is  less
      than  three  percentum. Such percentage shall be computed by the actuary
      and certified to the comptroller who shall, by directive,  promulgate  a
      schedule  of percentages by applicable calendar year to be used for this
      purpose.
        c. The supplemental pension  shall  be  rounded  off  to  the  nearest
      dollar.
        d.  Such supplemental pension shall be payable to the same persons and
      shall be subject to the same terms and conditions, including  provisions
      as  to  termination,  as the basic pension awarded to the police or fire
      line-of-duty surviving spouse or dependent.
        e. (1) In any case where a  police  or  fire  line-of-duty  spouse  or
      dependent  is  entitled  to  receive an annual increased allowance, such
      police or fire line-of-duty surviving spouse or dependent,  if  entitled
      to  receive  a supplemental pension under the provisions of this article
      six, shall be entitled to receive such supplemental pension  under  this
      article in addition to such annual increased allowance.
        (2)  Except as otherwise provided in paragraph one of this subdivision
      e, the supplemental pension provided for by this article for any  police
      or  fire  line-of-duty surviving spouse or dependent shall be in lieu of
    
      any supplemental pension or supplemental retirement allowance  for  such
      police  or  fire  line-of-duty surviving spouse or dependent provided by
      any other  law  heretofore  or  hereafter  enacted,  unless  such  other
      supplemental  pension  or supplemental retirement allowance is in excess
      of that provided for by this article, in which latter  case  such  other
      supplemental  pension or supplemental retirement allowance shall be paid
      and no supplemental pension shall be paid under this  article;  provided
      however, that nothing contained in this subdivision e shall be construed
      as  entitling  any  police  or  fire  line-of-duty  surviving  spouse or
      dependent to a supplemental retirement allowance under  article  two  of
      subchapter  six of chapter five of this title in any case where, if this
      article six had not been  enacted,  such  police  or  fire  line-of-duty
      surviving  spouse  or  dependent would not be entitled to a supplemental
      retirement allowance under such article two.