Loading...
a. Notwithstanding the provisions of section 13-347 of this subchapter, in any case where a pension was or is awarded under the provisions of such section, by reason of the death of a member occurring before July first, nineteen hundred sixty-five, such pension, subject to the provisions of subdivisions b and c of this section, shall be:
(1) For each full calendar year, on and after January first, nineteen hundred sixty-five an amount equal to one-half of the annual salary or compensation payable, on July first, nineteen hundred sixty-five, to a member of the uniformed force of rank, seniority and other salary-determining status, equal to that of the deceased member on the date of his or her death, but in no case less than one-half of the salary payable, to a first grade firefighter on July first, nineteen hundred sixty-five, and
(2) For any portion of a calendar year, on and after January first, nineteen hundred sixty-five, the appropriate pro rata portion of the amount which would be payable, under the provisions of paragraph one of this subdivision a, for the full calendar year which includes such portion of a year, if a pension were payable under this section for such full calendar year.
b. Such 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 pension which would otherwise be payable, on and after January first, nineteen hundred sixty-five, pursuant to section 13-347 of this subchapter by reason of the death of such member.
c. The pension payable pursuant to the provisions of subdivisions a and b of this section shall be in lieu of any pension which would otherwise be payable on and after January first, nineteen hundred sixty-five, pursuant to the provisions of section 13-347 of this subchapter and, except as otherwise provided in paragraph one of subdivision e of section 13-686 of this title, shall be in lieu of any supplemental retirement allowance which would otherwise be payable, on and after such date, under the provisions of subchapter six of chapter five of this title or any other law.
Any member in city-service who shall have attained the minimum age or period of service retirement elected by him or her upon his or her own written application to and filed with the board setting forth at what time, not less than thirty days subsequent to the execution and filing thereof, he or she desires to be retired, shall be retired as of the date specified in said application, 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, 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. Any person becoming a member who was not previously a member or who during his or her last previous membership in the pension fund contributed on the basis of a minimum period of retirement of twenty years of city-service, may elect, prior to the certification of his or her rate of contribution, to contribute on the basis of a minimum retirement period of twenty years of city-service, by a written election duly executed and acknowledged and filed with the board. The minimum period of retirement for such member so electing shall be twenty years of city-service.
b. Any person becoming a member who was not previously a member or who during his or her last previous membership in the pension fund contributed on the basis of a minimum period of retirement of twenty-five years of city-service, may elect, prior to certification of his or her rate of contribution, to contribute on the basis of a minimum retirement period of twenty-five years of city-service by a written election duly executed and acknowledged and filed with the board. The minimum period of retirement for such members so electing shall be twenty-five years of city-service.
a. Any member who shall have been appointed as a chief of department of the fire department shall be entitled, upon retirement for service from such position, to elect to receive, in lieu of any other service retirement benefit to which he or she may be entitled, the applicable retirement allowance provided for in the succeeding subdivisions of this section.
b. If such member was an original plan member not subject to article eleven (as defined in subdivision four-c of section 13-313 of this subchapter) at the time of such retirement, such retirement allowance shall be equal to two-thirds of his or her salary as chief of department.
c. If such member was an improved benefits plan member not subject to article eleven (as defined in subdivision four-i of such section 13-313) at the time of such retirement, such retirement allowance shall consist of an annuity which is the actuarial equivalent of his or her accumulated deductions at the time of such retirement and a pension, which, when added to such annuity, will make such retirement allowance equal to two-thirds of his or her salary as chief of department. For the purpose of computing the annuity portion of such retirement allowance, his or her accumulated deductions shall be the required amount of such deductions at the time of his or her retirement from such position, including any amount then remaining unpaid with respect to his or her contribution rate deficiency (as defined in subdivision twenty-one of such section) 13-313, if any, without any increase resulting from excess contributions and without any decrease resulting from withdrawals, loans, optional modification, payment of his or her contributions for old age and survivor's insurance coverage, or from any other transaction authorized by law. For the purposes of this subdivision c, any such unpaid amount of contribution rate deficiency, in the case of any such member who becomes an improved benefits plan member before completion of his or her minimum period for service retirement, shall be deemed to consist of such amount plus regular interest thereon from his or her date of commencement of contributions as an improved benefits plan member (as defined in subdivision nineteen of such section) 13-313 to the date of completion of his or her minimum period for service retirement.
d. If such member was an original plan member subject to article eleven (as defined in subdivision four-d of such section 13-313) at the time of such retirement, such retirement allowance shall be determined pursuant to the provisions of subdivision b of this section, except to the extent and in the manner that any such provision is modified by article eleven. e. If such member was an improved benefits plan member subject to article eleven (as defined in subdivision four-j of such section) 13-313 at the time of such retirement, such retirement allowance shall be determined pursuant to the provisions of subdivision c of this section, except to the extent and in the manner that any such provision is modified by article eleven.
Medical examination of a member in city-service for ordinary disability shall be made upon the application of the commissioner, or upon the application of such member or of a person acting in his or her behalf, stating that such member is physically or mentally incapacitated for the performance of duty and ought to be retired. If such medical examination shows that such member is physically or mentally incapacitated for the performance of duty and ought to be retired, the medical board shall so report and the board shall retire such member for ordinary disability not less than thirty nor more than ninety days after the execution and filing of application therefor with the pension fund.
Loading...