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a. In the case of the retirement of an improved benefits plan member not subject to article eleven (as defined in subdivision four-i of section 13-313 of this subchapter), who, pursuant to certification from an eligible list and permanent appointment to the position of battalion chief, shall have served in such rank for a period of not less than five years, such member shall be entitled to receive a retirement allowance which shall be the larger of:
(1) the retirement allowance which would be computed for such member if this section had not been enacted; or
(2) a retirement allowance computed pursuant to the provisions of subdivision b of this section.
b. (1) A retirement allowance shall be computed for such member in all respects pursuant to the applicable provisions of this subchapter as if this section had not been enacted, except as provided in paragraphs two and three of this subdivision b.
(2) Solely for the purpose of calculating the annual earnable compensation on the date of retirement in computing a retirement allowance under the applicable provisions referred to in paragraph one of this subdivision b, the component thereof consisting of the base salary on the date of retirement shall not be such member's base salary in the position held by him or her on such date, but shall instead be deemed to be an amount equal to the base salary which would have been payable on the date of such member's retirement, if he or she had been promoted to the position of deputy chief of the department on that date. The said deputy chief's base salary shall not be used for the purpose of calculating any other component of such member's retirement allowance under this subdivision.
(3) For the purpose of computing a retirement allowance pursuant to this subdivision b, any additional compensation of such member for acting in a higher rank shall be excluded.
c. Where an improved benefits plan member subject to article eleven (as defined in subdivision four-j of section 13-313 of this subchapter) shall have served in the rank of battalion chief for a period of not less than five years as described in subdivision a of this section, he or she shall, upon retirement, be entitled to a retirement allowance determined pursuant to the applicable provisions of subdivisions a and b of this section, except to the extent and in the manner that any such provision is modified by article eleven.
a. If a lump sum which has been paid or which is payable under the provisions of the workers' compensation law equals or exceeds the present value of all amounts otherwise payable out of moneys provided or to be provided by the pension fund under the provisions of this subchapter on account of the same disability of the same person, no payment shall be made to such person under the provisions of this subchapter. If such lump sum be a percentage less than one hundred per cent of the present value of all such amounts, there shall be paid as it becomes due under the provisions of this subchapter, in lieu of each amount otherwise payable, an amount equal to the percentage thereof which is the difference between such lesser per cent and one hundred per cent.
b. If an amount which is payable throughout a period under the provisions of the workers' compensation law equals or exceeds the amounts otherwise payable during the same period out of the moneys provided or to be provided by the pension fund under the provisions of this subchapter on account of the same disability of the same person, no payment shall be made to such person under the provisions of this subchapter during such period nor thereafter, until the total amount of such omitted payments, together with the regular interest which they would have accumulated, equals the amount paid under the workers' compensation law, together with the regular interest which it would have accumulated. If an amount which is payable throughout a period under the provisions of the workers' compensation law be a percentage less than one hundred per cent of the amounts otherwise payable during the same period out of moneys provided or to be provided by the pension fund under the provisions of this subchapter on account of the same disability of the same person, there shall be paid during such period as it becomes due under the provisions of this subchapter, in lieu of each amount otherwise payable, the percentage thereof which is the difference between such lesser per cent and one hundred per cent.
c. No decision of the state industrial board shall be binding on the medical board or on the board in the determination of eligibility of a claimant for an accident disability or an accidental death benefit.
d. Notwithstanding any of the foregoing provisions of this section or any other law to the contrary, pending the final determination of a claim for workers' compensation benefits, the board may authorize payment of all or any part of the benefits which are payable under this subchapter and to which any of the foregoing provisions of this section apply, and in that event the pension fund shall be entitled to reimbursement out of the unpaid installment or installments of compensation due under the workers' compensation law provided that claim therefor is filed with the workers' compensation board, together with proof of the fact and amount of payment.
a. Subject to the provisions of subdivision b of this section, until the first payment on account of any benefit is made, except pursuant to the provisions of subdivision c of this section, any beneficiary who was an original plan member at the time of his or her retirement, or, if such beneficiary is an incompetent, then the spouse of such beneficiary, or, if there be no spouse, a committee of the estate, may elect to receive such benefit in a retirement allowance payable throughout life, or any such beneficiary or the spouse or committee so electing may then elect to receive the actuarial equivalent at the time of his or her retirement allowance in a lesser retirement allowance, payable throughout life with the provision that: Option 1. If he or she die before he or she has received in payments the present value of his or her retirement allowance, as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board. Option 2. Upon his or her death, his or her retirement allowance shall be continued throughout the life of and paid to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board at the time of his or her retirement. Option 3. Upon his or her death, one-half of his or her retirement allowance shall be continued throughout the life of and paid to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board at the time of his or her retirement. Option 4. Upon his or her death, some other benefit or benefits shall be paid to such other person or persons as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate, provided such other benefit or benefits, together with such lesser retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and shall be approved by such board.
b. In the case of an original plan member subject to article eleven (as defined in subdivision four-d of section 13-313 of this subchapter) or any beneficiary who was an original plan member subject to article eleven at the time of such member's retirement, the provisions of subdivision a of this section shall apply except to the extent and in the manner that any such provision is modified by article eleven.
c. If a member who is otherwise eligible for retirement pursuant to section 13-352 or 13-353 of this subchapter dies within thirty days after the filing with the pension board of the application for retirement pursuant to section 13-352 or 13-353 of this subchapter and it is established that the physical or mental impairment or incapacitation of the applicant specified in such application was directly related to the cause of the applicant's death, such applicant shall be approved by the pension board effective one day before the date of the applicant's death, provided however that:
(1) if a member is entitled to an ordinary disability retirement allowance under the provisions of this subchapter, the benefits provided pursuant to section 13-352 of this subchapter shall be payable unless the member would otherwise be entitled to a greater benefit pursuant to section 13-346 of this subchapter, in which event the greater benefit shall be payable; or
(2) if a member is entitled to an accidental disability retirement allowance under the provisions of this subchapter, the benefits provided pursuant to section 13-353 of this subchapter shall be payable unless the member would otherwise be entitled to a greater benefit pursuant to section 13-348 of this subchapter, in which event the greater benefit shall be payable.
d. Notwithstanding any law to the contrary, for the purpose of electing an option pursuant to this section, the pension board shall notify the surviving spouse of any applicant described in subdivision c of this section, or, if no such spouse exists, the personal representative of the estate of such applicant of the right of election pursuant to this section and such surviving spouse or personal representative of such estate may elect any such option within thirty days after receipt of such notice.
Notwithstanding any other provision of law to the contrary, no beneficiary shall be permitted to change any optional selection after it has become effective, provided, however, that if:
(a) a retired member nominates the spouse of such member as the survivor beneficiary under option two or three of section 13-369 of the code, or if a retired member nominates the spouse of such member under option four of such section to receive payment of an annual benefit as a survivor; and
(b) such person so nominated ceases by causes other than death to be his or her spouse or is divorced from or separated pursuant to a judicial decree from such spouse, then the board of trustees shall have the authority to permit the change of the optional benefit to the maximum benefit that is the actuarial equivalent by and with the consent of all parties.
a. Subject to the provisions of subdivision c of this section, until the first payment on account of any benefit is made, except pursuant to the provisions of subdivision d of this section any beneficiary who was an improved benefits plan member at the time of his or her retirement, or, if such beneficiary is an incompetent, then the spouse or such beneficiary, or, if there be no spouse, a committee of the estate, may elect to receive such benefit in a retirement allowance payable throughout life, or any such beneficiary or the spouse or committee so electing may then elect to receive the actuarial equivalent at the time of his or her annuity, his or her pension, or his or her retirement allowance in a lesser annuity or a lesser pension or a lesser retirement allowance, payable throughout life with the provision that: Option 1. If he or she die before he or she has received in payments the present value of his or her annuity, his or her pension, or his or her retirement allowance, as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board. Option 2. Upon his or her death, his or her annuity, his or her pension, or his or her retirement allowance, shall be continued throughout the life of and paid to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board at the time of his or her retirement. Option 3. Upon his or her death, one-half of his or her annuity, his or her pension, or his or her retirement allowance, shall be continued throughout the life of and paid to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board at the time of his or her retirement. Option 4. Upon his or her death, some other benefit or benefits shall be paid to such other person or persons as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate, provided such other benefit or benefits, together with such lesser annuity, or lesser pension or lesser retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her annuity, his or her pension or his or her retirement allowance, and shall be approved by such board.
b. For purposes of this section, the terms "pension" and "retirement allowance" shall be deemed to include the pension-providing-for-increased-take-home-pay, if any.
c. In the case of an improved benefits plan member subject to article eleven (as defined in subdivision four-j of section 13-313 of this subchapter) or any beneficiary who was an improved benefits plan member subject to article eleven at the time of such member's retirement, the provisions of subdivisions a and b of this section shall apply except to the extent and in the manner that any such provision is modified by article eleven.
d. If a member who is otherwise eligible for retirement pursuant to this section dies within thirty days after the filing with the pension board of the application for retirement pursuant to this section and it is established that the physical or mental impairment or incapacitation of the applicant specified in such application was directly related to the cause of the applicant's death, such application shall be approved by the pension board effective one day before the date of the applicant's death, provided however that:
(1) if a member is entitled to an ordinary disability retirement allowance under the provisions of this subchapter, the benefits provided pursuant to section 13-352 of this subchapter shall be payable unless the member would otherwise be entitled to a greater benefit pursuant to section 13-346 of this subchapter, in which event the greater benefit shall be payable; or
(2) if a member is entitled to an accidental disability retirement allowance under the provisions of this subchapter, the benefits provided pursuant to section 13-353 of this subchapter shall be payable unless the member would otherwise be entitled to a greater benefit pursuant to section 13-348 of this subchapter, in which event the greater benefit shall be payable.
e. Notwithstanding any law to the contrary, for the purpose of electing an option pursuant to this section, the pension board shall notify the surviving spouse of any applicant described in subdivision d of this section, or, if no such spouse exists, the personal representative of the estate of such applicant of the right of election pursuant to this section and such surviving spouse or personal representative of such estate may elect any such option within thirty days after receipt of such notice.
Notwithstanding any other provision of law to the contrary, no beneficiary shall be permitted to change any optional selection after it has become effective, provided, however, that if:
(a) a retired member nominates the spouse of such member as the survivor beneficiary under option two or three of section 13-370 of the code, or if a retired member nominates the spouse of such member under option four of such section to receive payment of an annual benefit as a survivor; and
(b) such person so nominated ceases by causes other than death to be his or her spouse or is divorced from or separated pursuant to a judicial decree from such spouse, then the board of trustees shall have the authority to permit the change of the optional benefit to the maximum benefit that is the actuarial equivalent by and with the consent of all parties.
a. (1) Should a beneficiary receiving or entitled to receive a retirement allowance under the provisions of section 13-349, or 3-350 of this subchapter, who was an original plan member at the time of his or her last retirement, re-enter city-service, his or her retirement allowance shall cease. In the case of any such beneficiary who re-enters city-service (other than as fire commissioner or deputy fire commissioner), he or she shall again become a member of the fund as an original plan member, and in the case of any such beneficiary who re-enters city-service by reason of being appointed fire commissioner or deputy fire commissioner, he or she shall again become a member of the fund as an original plan member and, subject to the provisions of paragraph two of this subdivision shall remain such a member while serving as fire commissioner or deputy fire commissioner, and an amount equal to the retirement allowance reserve of any such member shall be transferred to the contingent reserve fund.
(2) Where any beneficiary who again becomes a member as provided for in paragraph one of this subdivision a elects to become an improved benefits plan member pursuant to the applicable provisions of section 13-315 of this subchapter:
(i) he or she shall, if he or she became an original plan member not subject to article eleven (as defined in subdivision four-c of section 13-313 of this subchapter) upon such restoration of membership, be from the effective date of such election an improved benefits plan member not subject to article eleven (as defined in subdivision four-i of such section 13-313); and
(ii) he or she shall, if he or she became an original plan member subject to article eleven (as defined in subdivision four-d of such section 13-313) upon such restoration of membership, be from the effective date of such election an improved benefits plan member subject to article eleven (as defined in subdivision four-j of such section 13-313).
(3) On and after the effective date of such election, his or her rights, privileges, benefits and obligations, as such restored improved benefits plan member, shall be governed by the provisions of section 13-372 of this subchapter.
b. (1) Subject to the applicable provisions of paragraphs five and six of this subdivision b, in any case where any such beneficiary who is appointed fire commissioner or deputy fire commissioner, subsequently retires while fire commissioner or deputy fire commissioner and without having elected to become an improved benefits plan member pursuant to the applicable provisions of section 13-315 of this subchapter, he or she shall receive the retirement allowance, if any, which he or she was receiving or entitled to receive immediately prior to his or her appointment as fire commissioner or deputy fire commissioner and in addition, a further retirement allowance as provided for by the applicable provisions of paragraph two or paragraph three of this subdivision b.
(2) If such appointee is an original plan member not subject to article eleven at the time of such retirement as fire commissioner or deputy fire commissioner, he or she shall receive a further retirement allowance of one-sixtieth of his or her average annual salary earned during his or her credited service as fire commissioner or deputy fire commissioner, multiplied by the number of years of his or her credited service as fire commissioner or deputy fire commissioner.
(3) If such appointee is an original plan member subject to article eleven at the time of such retirement as fire commissioner or deputy fire commissioner, he or she shall receive a further retirement allowance determined pursuant to the provisions of paragraph two of this subdivision b, except to the extent and in the manner that any such provision is modified by article eleven.
(4) The further retirement allowance payable to such appointee as prescribed by the applicable provisions of paragraph two or paragraph three of this subdivision shall be payable in such form as he or she shall select under section 13-369 of this subchapter.
(5) Subject to the provisions of paragraph six of this subdivision, where any beneficiary who is appointed fire commissioner or deputy fire commissioner shall have earned at least three years of member credit for service as fire commissioner or deputy fire commissioner, the total service credit to which he or she was entitled at the time of his or her earlier retirement may, at his or her election, again be credited to him or her and upon his or her subsequent retirement as fire commissioner or deputy fire commissioner, he or she shall be credited in addition with all service as fire commissioner or deputy fire commissioner.
(6) Such total service credit to which such fire commissioner or deputy fire commissioner was entitled at the time of his or her earlier retirement shall be credited as provided in paragraph five of this subdivision b only in the event that he or she returns to the pension fund with regular interest the actuarial equivalent of the amount of the retirement allowance he or she received; provided, however, that in the event that such amount is not so repaid, the actuarial equivalent thereof shall be deducted from his or her subsequent retirement allowance.
c. During restoration to service for the city, other than city-service as defined in this subchapter, in lieu of suspension of any benefits payable in the event of his or her death by reason of any optional selection in respect to his or her retirement allowance, a beneficiary who was an original plan member at the time of his or her last retirement prior to his or her last restoration to city-service may pay to the fund from which his or her ordinary retirement allowance was payable, the amount by which his or her ordinary retirement allowance exceeded the optional retirement allowance theretofore granted to him or her, in which event such optional benefit shall continue and be payable in the event of his or her death as though no payment were suspended.
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