Section 207-I. Temporary supplemental retirement allowances for certain policemen  


Latest version.
  • Notwithstanding the provisions of  any  general,  special  or  local   law,   charter   or  administrative  code  to  the  contrary,  a
      supplemental  retirement  allowance  shall  be  paid  pursuant  to   the
      provisions  of  subdivisions  a and b of this section to pensioners of a
      pension or retirement system of a paid police department of a  city  who
      have  retired  prior to the calendar year nineteen hundred seventy. Such
      supplemental retirement allowance under such subdivisions a and b  shall
      be  payable  on the basis provided for herein, commencing with a payment
      for the month of October, nineteen hundred sixty-seven,  and  continuing
      through  the  month of September, nineteen hundred seventy-three, except
      that in the case of pensioners of a pension or retirement  system  of  a
      paid  police  department of a city having a population of one million or
      more, such payments shall continue monthly thereafter.
        a.  The  supplemental  retirement  allowance  provided  for  in   this
      subdivision  and  in subdivision b of this section shall be a percentage
      of the retirement allowance computed without optional  modification  and
      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  set
      forth  in  this section. Said supplemental retirement allowance shall be
      computed on the basis of the first ten thousand five hundred dollars  of
      such annual retirement allowance and shall be payable commencing October
      first,  nineteen  hundred sixty-seven, to all disability pensioners, and
      to other pensioners  who  have  attained  age  sixty-two  on  or  before
      September  thirtieth,  nineteen  hundred  sixty-seven  and commencing on
      April first, nineteen hundred sixty-eight, to such other pensioners  who
      shall  have  attained  age sixty-two on or after October first, nineteen
      hundred sixty-seven and  on  or  before  September  thirtieth,  nineteen
      hundred  sixty-eight,  and commencing on October first, nineteen hundred
      sixty-eight, to such  other  pensioners  who  shall  have  attained  age
      sixty-two  on  or after April first, nineteen hundred sixty-eight and on
      or  before  September  thirtieth,  nineteen  hundred  sixty-eight,   and
      commencing  on October first, nineteen hundred sixty-nine, to such other
      pensioners who shall have attained age sixty-two  on  or  after  October
      first,   nineteen   hundred  sixty-eight  and  on  or  before  September
      thirtieth, nineteen hundred sixty-nine, and commencing on October first,
      nineteen hundred seventy,  to  such  other  pensioners  who  shall  have
      attained  age  sixty-two  on  or  after  April  first,  nineteen hundred
      seventy, and on or before September thirtieth, nineteen hundred seventy,
      and commencing on October first, nineteen hundred seventy-two,  to  such
      other  pensioners  who  shall  have  attained  age sixty-two on or after
      October first, nineteen hundred  seventy  and  on  or  before  September
      thirtieth,   nineteen  hundred  seventy-two,  and  to  each  such  other
      pensioner of a pension or retirement system of a paid police  department
      of  a  city  having  a  population of one million or more who shall have
      attained age sixty-two on  or  after  October  first,  nineteen  hundred
      seventy-two,  commencing  with  a  payment for the later of the month of
      July, nineteen hundred eighty-one or the month of  July  next  following
      the  twelve-month  period  ending  June  thirtieth  in  which such other
      pensioner who shall have attained age  sixty-two  on  or  after  October
      first,  nineteen  hundred  seventy-two shall have attained such age, and
      continuing monthly thereafter.
        b. The percentage  referred  to  in  subdivision  a  hereof  shall  be
      determined  from  the ratio of two indexes, in the following manner. The
      average of the twelve monthly consumer price  indexes  of  the  calendar
      year  nineteen  hundred  sixty-six  or,  for  a  supplemental retirement
      allowance payable pursuant to this section on or  after  October  first,
    
      nineteen hundred sixty-eight, the average of the twelve monthly consumer
      price indexes of the calendar year nineteen hundred sixty-seven, or, for
      a  supplemental retirement allowance payable pursuant to this section on
      or  after October first, nineteen hundred sixty-nine, the average of the
      twelve monthly consumer price indexes  of  the  calendar  year  nineteen
      hundred sixty-eight, or, for a supplemental retirement allowance payable
      pursuant  to  this  section  on or after October first, nineteen hundred
      seventy, 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 of the calendar year of retirement
      shall be the ratio of the indexes.  Said  ratio,  minus  one,  shall  be
      expressed  as  a percentage and shall be adjusted to the lower one-tenth
      of one per centum. Such adjusted percentage shall be the  percentage  of
      the  applicable  portion  of  the retirement allowance, computed without
      optional  modification  which  shall  be  payable  as   a   supplemental
      retirement  allowance under subdivision a of this section and under this
      subdivision. However, no  such  supplement  shall  be  paid  where  such
      percentage is less than three per centum. Such percentage for pensioners
      who retired prior to April first, nineteen hundred fifty-eight, shall be
      increased  by one hundred per centum thereof and the adjusted percentage
      shall be further adjusted to the lower one-tenth of one per centum. Such
      percentage shall be computed by the actuary each year and  certified  to
      the  comptroller  who  shall,  by  directive,  promulgate  a schedule of
      percentages to be used for this purpose.
        b-1. (1) In addition to any supplemental retirement allowance  payable
      in  accordance  with  the  provisions  of  subdivisions  a and b of this
      section, commencing with a payment  for  the  month  of  July,  nineteen
      hundred  eighty-one  and  continuing  monthly thereafter, there shall be
      paid to each disability pensioner of a pension or retirement system of a
      paid police department of a city having a population of one  million  or
      more  who  retired  prior  to  April first, nineteen hundred seventy, an
      amount of supplemental retirement allowance determined pursuant  to  the
      provisions of paragraph three of this subdivision.
        (2)  In  the  case  of  each pensioner of such a pension or retirement
      system of such a city who retired prior to April first, nineteen hundred
      seventy, other than for disability, commencing with a  payment  for  the
      later  of the month of July, nineteen hundred eighty-one or the month of
      July next following the twelve-month period  ending  June  thirtieth  in
      which  such  pensioner  shall have attained age sixty-two and continuing
      monthly thereafter, there shall be paid to such pensioner,  in  addition
      to  any supplemental retirement allowance payable in accordance with the
      provisions of subdivisions a  and  b  of  this  section,  an  amount  of
      supplemental  retirement allowance determined pursuant to the provisions
      of paragraph three of this subdivision.
        (3) The amount of such additional  supplemental  retirement  allowance
      referred  to in paragraphs one and two of this subdivision shall equal a
      percentage of the first ten thousand five hundred dollars of the  annual
      retirement   allowance  computed  without  optional  modification.  Such
      percentage shall be determined by the date  or  year  of  retirement  in
      accordance with the table set forth below.
     
          Date of Retirement                       Percentage
          __________________                       __________
     
          April 1, 1969 to
          and including March 31, 1970             twenty-one
     
          January 1, 1968 to
    
          and including March 31, 1969             twenty-two
     
          Year of Retirement                       Percentage
          __________________                       __________
     
          1967                                     twenty-three
          1966                                     twenty-four
          1965                                     twenty-four
          1964                                     twenty-five
          1963                                     twenty-five
          1962                                     twenty-six
          1961                                     twenty-six
          1960                                     twenty-seven
          1959                                     twenty-seven
          1958                                     twenty-seven
          1957                                     twenty-seven
          1956                                     twenty-eight
          1955                                     twenty-eight
          1954                                     twenty-eight
          1953                                     twenty-eight
          1952                                     twenty-eight
          1951 and earlier                         twenty-nine
     
        b-2.  (1)  Commencing  with  a payment for the month of July, nineteen
      hundred eighty-one and continuing monthly  thereafter,  there  shall  be
      paid to each disability pensioner of a pension or retirement system of a
      paid  police  department of a city having a population of one million or
      more who retired on or after April first, nineteen hundred  seventy  and
      before  January  first,  nineteen  hundred seventy-three, a supplemental
      retirement allowance determined pursuant to the provisions of  paragraph
      three of this subdivision.
        (2)  In  the  case  of  each pensioner of such a pension or retirement
      system of such a city who retired on  or  after  April  first,  nineteen
      hundred   seventy   and   before   January   first,   nineteen   hundred
      seventy-three, other than for disability, commencing with a payment  for
      the later of the month of July, nineteen hundred eighty-one or the month
      of  July next following the twelve-month period ending June thirtieth in
      which such pensioner shall have attained age  sixty-two  and  continuing
      monthly thereafter, there shall be paid to such pensioner a supplemental
      retirement  allowance determined pursuant to the provisions of paragraph
      three of this subdivision.
        (3) The amount of such supplemental retirement allowance  referred  to
      in  paragraphs  one and two of this subdivision shall equal a percentage
      of the first ten thousand five hundred dollars of the annual  retirement
      allowance  computed without optional modification. Such percentage shall
      be determined by the date or year of retirement in accordance  with  the
      table set forth below:
     
          Date of Retirement                       Percentage
          __________________                       ___________
     
          April 1, 1970 to
          and including December 31, 1971          eight
          1972 calendar year                       seven
     
        b-3.  (1)  Commencing  with  a payment for the month of July, nineteen
      hundred eighty-two and continuing monthly  thereafter,  there  shall  be
      paid to each disability pensioner of a pension or retirement system of a
    
      paid  police  department of a city having a population of one million or
      more  who  retired   during   the   calendar   year   nineteen   hundred
      seventy-three,  a  supplemental retirement allowance determined pursuant
      to the provisions of paragraph three of this subdivision.
        (2)  In  the  case  of  each pensioner of such a pension or retirement
      system of such a city who retired  during  the  calendar  year  nineteen
      hundred  seventy-three,  other  than  for  disability, commencing with a
      payment for the later of the month of July, nineteen hundred  eighty-two
      or  the month of July next following the twelve-month period ending June
      thirtieth in which such pensioner shall have attained age sixty-two  and
      continuing  monthly  thereafter, there shall be paid to such pensioner a
      supplemental retirement allowance determined pursuant to the  provisions
      of paragraph three of this subdivision.
        (3)  The  amount of such supplemental retirement allowance referred to
      in paragraphs one and two of this subdivision shall equal six per centum
      of the first ten thousand five hundred dollars of the annual  retirement
      allowance computed without optional modification.
        b-4.  (1)  Commencing  with  a payment for the month of July, nineteen
      hundred eighty-three and continuing monthly thereafter, there  shall  be
      paid to each disability pensioner of a pension or retirement system of a
      paid  police  department of a city having a population of one million or
      more  who  retired  on  or  after  January   first,   nineteen   hundred
      seventy-four and before January first, nineteen hundred seventy-seven, a
      supplemental  retirement allowance determined pursuant to the provisions
      of paragraph three of this subdivision.
        (2) In the case of each pensioner of  such  a  pension  or  retirement
      system  of  such  a city who retired on or after January first, nineteen
      hundred  seventy-four  and  before  January  first,   nineteen   hundred
      seventy-seven,  other than for disability, commencing with a payment for
      the later of the month of July, nineteen  hundred  eighty-three  of  the
      month  of  July  next  following  the  twelve-month  period  ending June
      thirtieth in which such pensioner shall have attained age sixty-two  and
      continuing  monthly  thereafter, there shall be paid to such pensioner a
      supplemental retirement allowance determined pursuant to the  provisions
      of paragraph three of this subdivision.
        (3)  The  amount of such supplemental retirement allowance referred to
      in paragraphs one and two of this subdivision shall equal  a  percentage
      of  the first ten thousand five hundred dollars of the annual retirement
      allowance computed without optional modification. Such percentage  shall
      be determined by the year of retirement in accordance with the table set
      forth below.
     
          Year of Retirement                       Percentage
          __________________                       __________
     
          1974 calendar year                       five
          1975 calendar year                       four
          1976 calendar year                       three
     
        b-5.  (1)  Commencing  with  a payment for the month of July, nineteen
      hundred eighty-four and continuing monthly thereafter,  there  shall  be
      paid to each disability pensioner of a pension or retirement system of a
      paid  police  department of a city having a population of one million or
      more  who  retired  on  or  after  January   first,   nineteen   hundred
      seventy-seven and before January first, nineteen hundred seventy-nine, a
      supplemental  retirement allowance determined pursuant to the provisions
      of paragraph three of this subdivision.
    
        (2) In the case of each pensioner of  such  a  pension  or  retirement
      system  of  such  a city who retired on or after January first, nineteen
      hundred  seventy-seven  and  before  January  first,  nineteen   hundred
      seventy-nine,  other  than for disability, commencing with a payment for
      the  later  of  the  month  of July, nineteen hundred eighty-four or the
      month of  July  next  following  the  twelve-month  period  ending  June
      thirtieth  in which such pensioner shall have attained age sixty-two and
      continuing monthly thereafter, there shall be paid to such  pensioner  a
      supplemental  retirement allowance determined pursuant to the provisions
      of paragraph three of this subdivision.
        (3) The amount of such supplemental retirement allowance  referred  to
      in  paragraphs  one  and  two  of this subdivision shall equal three per
      centum of the first ten thousand five  hundred  dollars  of  the  annual
      retirement allowance computed without optional modification.
        b-6.  (1)  Commencing  with  a payment for the month of July, nineteen
      hundred eighty-five and continuing monthly thereafter,  there  shall  be
      paid to each disability pensioner of a pension or retirement system of a
      paid  police  department of a city having a population of one million or
      more who retired during the calendar year nineteen hundred seventy-nine,
      a  supplemental  retirement  allowance  determined   pursuant   to   the
      provisions of paragraph three of this subdivision.
        (2)  In  the  case  of  each pensioner of such a pension or retirement
      system of such a city who retired  during  the  calendar  year  nineteen
      hundred  seventy-nine,  other  than  for  disability,  commencing with a
      payment for the later of the month of July, nineteen hundred eighty-five
      or the month of July next following the twelve month period ending  June
      thirtieth  in which such pensioner shall have attained age sixty-two and
      continuing monthly thereafter, there shall be paid to such  pensioner  a
      supplemental  retirement allowance determined pursuant to the provisions
      of paragraph three of this subdivision.
        (3) The amount of such supplemental retirement allowance  referred  to
      in  paragraphs  one  and  two  of this subdivision shall equal three per
      centum of the first ten thousand five  hundred  dollars  of  the  annual
      retirement allowance computed without optional modification.
        b-7.  Notwithstanding  any other provision of law to the contrary, the
      spouse of a deceased pensioner of a pension or the retirement system  of
      a paid police department of a city having a population of one million or
      more,  where  such  pensioner  had  elected one of the options under the
      administrative code of such city which provides that benefits are to  be
      continued  for the life of such spouse after the death of the pensioner,
      and where the death of such  pensioner  occurred  or  occurs  more  than
      thirty  days  after  the  effective  date  of  the  retirement  of  such
      pensioner,  shall  be  entitled  to  receive  a   monthly   supplemental
      retirement   allowance   pursuant  to  this  subdivision.  Such  monthly
      supplemental retirement allowance shall be equal in amount  to  one-half
      of  the  monthly  supplemental  retirement allowance which the pensioner
      would be receiving if living, and shall commence with a payment for  the
      later  of  (1)  the month of July, nineteen hundred eighty-three, or (2)
      the month following the month  in  which  the  death  of  the  pensioner
      occurred  or  occurs or (3) the first month for which such pensioner, if
      living, would be entitled to receive a monthly  supplemental  retirement
      allowance,  and  such spouse's monthly supplemental retirement allowance
      shall continue thereafter during the lifetime of such spouse.
        c. The supplemental retirement allowance shall be rounded off  to  the
      nearest dollar.
        d.  The  benefits  hereinabove  provided  for  shall be in lieu of the
      benefits presently provided by any other general, special or  local  law
      unless such benefits are in excess of those provided by this section, in
    
      which  latter  case such benefits shall be paid by the retirement system
      pursuant to this section.
        e.  Contributions  shall be made to such pension accumulation fund by,
      or on account of, the municipality at a rate fixed by the actuary or  if
      there  be  no  actuary  then  by the fiscal officer of the municipality,
      which shall be  computed  to  be  sufficient  to  provide  the  benefits
      established  by this section which are payable during the period of time
      that this section shall be in effect.
        f. Nothing herein contained shall be deemed to apply to members of the
      New York state policemen's and firemen's retirement system.
        * NB There are 2 § 207-i's