Section 350. Loans  


Latest version.
  • a. The following may borrow from the policemen's and
      firemen's retirement system:
        1. Any member in government service or on leave  of  absence  who  has
      credit for at least one year of member service, provided the comptroller
      shall  approve  such  loan. The total of any such loans shall not exceed
      seventy-five per centum of his accumulated contributions.
        2. Any member absent on military  duty,  as  defined  in  section  two
      hundred  forty-three  of  the military law. The amount of any such loan,
      however, shall not exceed the total of  his  accumulated  contributions,
      less  one  dollar.  Such  nominal sum of one dollar shall be left in the
      annuity savings fund  to  his  credit  as  a  token  of  his  continuing
      membership. Any member who:
        (a)  While  absent  on  such military duty and prior to October first,
      nineteen hundred forty-six, withdrew his accumulated contributions, and
        (b) Re-entered into government  service  within  one  year  after  the
      termination  of  such  military  duty,  may  redeposit  and  repay  such
      withdrawn amount, with interest thereon at the rate of  six  per  centum
      per  annum  to October first, nineteen hundred forty-six, and thereafter
      at the general rate or rates fixed by the comptroller pursuant  to  this
      section. In such event such member shall be entitled to the same status,
      rights and privileges as if he had left the nominal sum of one dollar in
      the annuity savings fund as a token of his continuing membership.
        b. Repayment of loans.
        1.  An  amount  so  borrowed,  together  with  interest  on any unpaid
      balances thereof, shall be repaid in equal installments which  shall  be
      deducted  from  the member's compensation. Such additional contributions
      shall be in such amount as the comptroller shall  approve.  They  shall,
      however,  be  at  least equal to the member's normal contribution to the
      policemen's and firemen's retirement system, or ten dollars  per  month,
      whichever is lower.
        2.  In  the  case of repayment by a member on leave of absence without
      pay, however, any such loan shall be  repaid  in  such  installments  of
      principal and interest as the comptroller shall determine.
        c.  The  comptroller,  at  any  time, while the borrowing member is in
      government service or on leave of absence therefrom, may accept payments
      on account of any  loan  in  addition  to  the  installments  fixed  for
      repayment thereof.
        d.  The  rate  of  interest payable upon loans made under this section
      shall be fixed by the comptroller. He shall have  power,  from  time  to
      time  and  at  any  time, to decrease such rate to not less than regular
      interest or to increase the same to not  more  than  six  percentum  per
      annum.  Any  such  decrease  or increase shall apply, from the effective
      date thereof, to unpaid balances or loans outstanding on such  date  and
      to  new  loans made thereafter. The comptroller shall adjust any prepaid
      and unearned interest  on  balances  of  loans  outstanding  as  of  the
      effective date of a change in the interest rate.
        e. The borrowing member's annuity savings account shall not be reduced
      by  the  loan  obtained  but  a  subsidiary  record  shall be maintained
      reflecting the  outstanding  balance  on  such  loan,  as  well  as  the
      allocation of the payroll deductions to principal and interest. Upon the
      member's  withdrawal of his accumulated contributions or retirement, the
      balance due on his loan shall be deducted from the amount to his  credit
      at  such  time in the annuity savings fund. Upon the death of the member
      prior to the loan being fully insured, that  portion  thereof  which  is
      uninsured,  shall similarly be deducted from the amount to his credit at
      the time of his death in the annuity savings fund.
        f. In the case of any benefit wherein the amount of  pension  will  be
      determined,  in  part,  by  the amount of annuity, such annuity shall be
    
      computed upon the basis of accumulated contributions as if there were no
      loan or no additional contributions. The resulting retirement  allowance
      shall  then  be reduced by the actuarial equivalent of the present value
      of any outstanding loan.
        g.  Insurance  of loans. Each loan made pursuant to this section shall
      be insured against the death of the  member.  Such  insurance  shall  be
      provided  by  the  comptroller  through  the  policemen's  and firemen's
      retirement system upon the following basis:
        1. Amount of insurance. Each loan made pursuant to this section  shall
      be  insurable in its entirety and shall be insured thirty days after the
      making thereof.
        2. Premiums. In March of each year, premiums at the  rate  established
      by  the  directive of the comptroller, in effect during such year, shall
      be charged to  the  member's  annuity  savings  account.  In  pro-rating
      premiums,  the  major  part  of  a  month shall be considered as a whole
      month. If the member during this  period  withdraws  his  contributions,
      dies  or  retires,  the  premium  to  be  charged  at  the  time of such
      withdrawal, death or retirement shall be based on the number  of  months
      which had elapsed since the beginning of the fiscal year.
        3.  Loans heretofore made. Each loan made pursuant to law prior to the
      effective date of this section shall be insured from that date upon  the
      terms  and  conditions  set  forth  in  this section, as hereby amended.
      Premiums after such date  shall  be  deducted  in  accordance  with  the
      provisions of this section.
        4. Funds. The comptroller is authorized to establish such funds as may
      be necessary to carry out the provisions of this subdivision g.
        5.  Power  of comptroller.   The comptroller, in his discretion and at
      the end of any fiscal year, may increase or reduce the  premium;  modify
      the  terms  and  conditions  of coverage or discontinue the insurance of
      loans.
        6. Continuity of insurance not obligatory.  This subdivision  g  shall
      not  impose any obligation whatsoever upon the policemen's and firemen's
      retirement system or any employer to continue to insure loans of members
      upon the terms and conditions herein provided or upon  any  other  terms
      and conditions.
        h.  Loans  made  to  certain policemen and firemen.  Each loan made to
      policemen and firemen while such  persons  were  members  of  the  state
      employees' retirement system shall be repaid according to the provisions
      of subdivision b of this section.