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New York City Overview
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NEW YORK CITY ADMINISTRATIVE CODE
Title 1: General Provisions
Title 2: City of New York
Title 3: Elected officials
Title 4: Property of the City
Title 5: Budget; Capital Projects
Title 6: Contracts, Purchases and Franchises
Title 7: Legal Affairs
Title 8: Civil Rights
Title 9: Criminal Justice
Title 10: Public Safety
Title 11: Taxation and Finance
Title 12: Personnel and Labor
Title 13: Retirement and Pensions
Chapter 1: New York City Employees' Retirement System
Chapter 2: Police Pension Funds
Chapter 3: Fire Department Pension Fund and Related Funds
Chapter 4: Teachers' Retirement System
§ 13-501 Definitions.
§ 13-502 Date of establishment.
§ 13-503 Teachers' retirement association; membership.
§ 13-504 Teachers' retirement association; membership of lecturers.
§ 13-505 Credit for service and service certificates.
§ 13-506 Re-entry into service.
§ 13-507 Teachers' retirement board; membership; elections.
§ 13-508 Retirement board; oath of office.
§ 13-509 Retirement board; organization; employees.
§ 13-510 Retirement board; no compensation for members of board.
§ 13-511 Retirement board; a corporation.
§ 13-512 Retirement board; decisions.
§ 13-513 Retirement board; rules and regulations.
§ 13-514 Retirement board; adoption of tables and certification of rates.
§ 13-515 Retirement board; data.
§ 13-516 Retirement board; records.
§ 13-517 Retirement board; reports.
§ 13-518 Retirement board; other duties.
§ 13-519 Medical board.
§ 13-520 The funds; component funds.
§ 13-521 Contributions of members and their use; annuity savings fund.
§ 13-521.1 Pick up of member contributions of tier I and tier II members by employer.
§ 13-522 Contributions of members and their use; annuity reserve fund.
§ 13-523 Transferred contributor.
§ 13-524 Other provisions relative to contributions of members.
§ 13-525 Change of rate of contribution; withdrawal of excess.
§ 13-526 Contributions of the city and their use; expense fund.
§ 13-527 Contributions of the city and their use; contingent reserve fund.
§ 13-528 Contributions by city university of New York.
§ 13-529 Contributions by state in relation to certain officers and employees of courts.
§ 13-530 Contributions of the city and their use; pension reserve fund number one.
§ 13-531 Contributions of the city and their use; pension reserve fund number two.
§ 13-532 Pensions for those receiving pension out of retirement fund of board of education.
§ 13-533 Guarantee of funds.
§ 13-534 Trustees of funds; investments.
§ 13-535 Allowance of interest.
§ 13-536 Custodian of funds.
§ 13-537 Payments from funds.
§ 13-538 Fund for current needs.
§ 13-539 Prohibition upon members and employees.
§ 13-540 Rules regulating loans to members.
§ 13-541 Termination of membership; resignation, transfer or dismissal.
§ 13-542 Death benefits; ordinary death benefits.
§ 13-543 Special death and retirement benefits.
§ 13-544 Accidental death benefits.
§ 13-544.1 COVID-19 benefit.
§ 13-545 Retirement; service and superannuation.
§ 13-546 Pensions-for-increased-take-home-pay.
§ 13-547 Optional service retirement upon completion of minimum period of service under twenty-year pension plan.
§ 13-548 Age-fifty-five-increased-benefits pension plan.
§ 13-549 Deferred eligibility of certain retirees, withdrawn contributors and discontinued members for benefits under certain pension plans.
§ 13-550 Retirement; for disability.
§ 13-551 Retirement for accident disability.
§ 13-552 Retirement allowances; restrictions on.
§ 13-552.1 Medical review in member disability cases.
§ 13-552.2 Medical review in member disability cases.
§ 13-553 Safeguards on disability retirement.
§ 13-554 Retirement allowances.
§ 13-555 Supplemental pension fund establishment; payment of supplemental pension allowances from such fund.
§ 13-556 Vested retirement rights.
§ 13-557 Special provisions on retirement of teachers for service and allowances thereon.
§ 13-558 Retirement; options in which retirement allowances may be taken.
§ 13-559 Termination of options.
§ 13-559.1 Modified option 1 pension computation formula.
§ 13-560 Monthly payments.
§ 13-561 Exemption from tax, execution, etc.
§ 13-561.1 Eligible rollover distributions.
§ 13-562 State supervision.
§ 13-563 Extension of system to college participants and provisions relative thereto.
§ 13-564 Amendment of chapter.
§ 13-565 Retired employees; change of options.
§ 13-566 Optional retirement program.
§ 13-567 Variable annuity funds.
§ 13-568 Elections to participate in the variable annuity program; variable annuity savings fund and variable pension accumulation fund.
§ 13-569 Variable contingency reserve fund.
§ 13-570 Administration; investment of funds; units and unit values; expenses.
§ 13-571 Revocation of election to participate. [Repealed]
§ 13-572 Withdrawal of participant in variable annuity program; reentry into service.
§ 13-573 Death of participant in variable annuity program.
§ 13-574 Variable annuity reserve fund; variable annuity.
§ 13-575 Variable pension reserve fund; variable pension.
§ 13-576 Options; variable designated beneficiary's annuity; variable joint annuity or pension.
§ 13-577 Adjustment of variable annuity funds for mortality and investment experience, and certain other adjustments.
§ 13-578 Regular interest and mortality tables for participants in variable annuity program.
§ 13-579 Monthly payments.
§ 13-580 Miscellaneous provisions.
§ 13-581 Convertible instalments.
§ 13-582 Tax-deferred annuity program.
§ 13-583 Excess benefit plan.
Chapter 5: Miscellaneous Pension and Retirement Provisions
Chapter 6: Investment by Pension Funds or Retirement Systems
Title 14: Police
Title 15: Fire Prevention and Control
Title 16: Sanitation
Title 16-A: [Commercial Waste Removal]
Title 16-B: Commercial Waste Zones
Title 17: Health
Title 18: Parks
Title 19: Transportation
Title 20: Consumer and Worker Protection
Title 20-A: [Shipboard Gambling]
Title 21: Social Services
Title 21-A: Education
Title 22: Economic Affairs
Title 23: Communications
Title 24: Environmental Protection and Utilities
Title 25: Land Use
Title 26: Housing and Buildings
Title 27: Construction and Maintenance
Title 28: New York City Construction Codes
Title 29: New York City Fire Code
Title 30: Emergency Management
Title 31: Department of Veterans' Services
Title 32: Labor and Employment
Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 13-513 Retirement board; rules and regulations.
Subject to the limitations of this chapter and of law, such board, from time to time, shall establish rules and regulations for the administration of the funds provided for by this chapter, and for the transaction of its business.
§ 13-514 Retirement board; adoption of tables and certification of rates.
Every five years, the actuary of the retirement board shall make an actuarial investigation into the mortality and service experience of the contributors and beneficiaries as defined in this chapter, and he or she shall make a valuation, as of June thirtieth of each year, of the various funds provided for by this chapter. Upon the basis of such investigation such board shall:
   1.   Adopt for the retirement system such mortality, service and other tables as shall be deemed necessary;
   2.   Certify the rates of deduction from salary necessary to pay the annuities authorized under the provisions of this chapter.
§ 13-515 Retirement board; data.
The retirement board shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds provided for by this chapter.
§ 13-516 Retirement board; records.
The retirement board shall keep a record of all its proceedings open to public inspection.
§ 13-517 Retirement board; reports.
The retirement board shall publish annually a report certified to by each member showing the condition of the various funds provided for by this chapter, and setting forth such other facts, recommendations, and data, as may be of use in the advancement of knowledge concerning teachers' pensions and annuities. Such board shall submit such report to the mayor, and shall file at least fifty copies thereof with the board of education for the use of such board and its members, at least one copy in each school for the use of the teachers thereof, one copy in the office of the superintendent of schools, of each associate superintendent of schools and of each assistant superintendent of schools.
§ 13-518 Retirement board; other duties.
   a.   The retirement board shall perform such other functions as are required for the execution of the provisions of this chapter.
   b.   (1)   In addition to the powers conferred upon it by any other provision of law, the board of trustees shall on or before April first of each year, establish a budget sufficient to fulfill the powers, duties and responsibilities set forth in this chapter and any other provision of law which sets forth the benefits of members of the retirement system. Said budget shall also include the respective amounts deposited in the expense fund in accordance with the provisions of subdivision k of section 13-570 of this chapter and subdivision b of section 13-582 of this chapter. The board of trustees shall, if necessary, draw upon the assets of the retirement system to fund the portion of such budget which is not derived from subdivision k of section 13-570 of this chapter and subdivision b of section 13-582 of this chapter provided, that such action shall be subject to the provisions of paragraphs two, three, four and five of this subdivision and subdivisions c and d of this section. The provisions of this section shall not be applicable to the payment of investment expenses pursuant to section 13-705 of the code and nothing contained herein shall be construed as abolishing, limiting, or modifying any power of the board of trustees to provide for the payment of investment expenses pursuant to section 13-705 of the code.
      (2)   If an expense budget has not been adopted by the commencement of the new fiscal year, the expense budget for the preceding fiscal year shall be deemed to have been extended for the new fiscal year until such time as a new expense budget is adopted.
      (3)   Any budget in effect pursuant to paragraphs one or two of this subdivision b shall be modifiable during such succeeding fiscal year.
      (4)   Notwithstanding any other provision of law, the board of trustees shall have the power either directly or by delegation to the executive director, to obtain by employment or by contract the goods, property and services necessary to fulfill its powers within the appropriation authorized by the board of trustees pursuant to paragraph one of this subdivision.
      (5)   The provisions of chapter seventeen of the charter shall continue to apply to the retirement system and the retirement system shall constitute an agency for the purposes of such chapter seventeen. The board of trustees shall not obtain any legal services by the retention of employees or by contract unless the corporation counsel shall consent thereto.
      (6)   All contracts for goods or services entered into by the retirement system shall be procured as prescribed in chapter thirteen of the charter; provided, however, that where the provisions of such chapter thirteen require action by the mayor in regard to a particular procurement (except for mayoral action pursuant to subdivision c of section three hundred thirty-four of the charter) such action shall not be taken by the mayor or such appointee of the mayor but shall be taken by the board of trustees or the executive director pursuant to a resolution adopted by the board of trustees delegating such authority to the executive director.
      (7)   The provisions of paragraphs four and six of this subdivision shall not apply to any contract or contracts relating to the variable annuity funds and tax-deferred annuity program pursuant to section 13-570 and section 13-582 of this chapter.
   c.   Employment by the retirement system shall constitute city-service for the purposes of chapter one of this title; provided, however, that nothing contained herein shall be construed as granting membership rights in the New York city employees' retirement system to a contractor of the retirement system or such contractor's employees. Employees of the retirement system shall be deemed employees of the city of New York for the purposes of of the charter and title twelve of the code.
   d.   In the event that the assets of the retirement system are drawn upon pursuant to the provisions of paragraph one of subdivision b of this section all monies so withdrawn shall be made a charge to be paid by each participating employer otherwise required to make contributions to the retirement system no later than the end of the fiscal year next succeeding the time period during which such assets were drawn upon, provided, however, that where such charge is for assets so withdrawn in fiscal year two thousand four-two thousand five or in any fiscal year thereafter, such charge shall be paid by each such participating employer no later than the end of the second fiscal year succeeding the time period during which such assets were drawn upon. The actuary shall calculate and allocate to each such participating employer its share of such charge by multiplying such charge by a fraction, the numerator of which shall consist of the total salaries of the employees of each participating employer as of the June thirtieth succeeding the withdrawal of assets and the denominator of which shall consist of the total salaries of members of the retirement system as of such June thirtieth. All charges to be paid pursuant to this subdivision shall be paid at the regular rate of interest utilized by the actuary in determining employer contributions to the retirement system pursuant to the provisions of paragraph two of subdivision b of section 13-638.2 of the code.
§ 13-519 Medical board.
   a.   There shall be a medical board of three physicians constituted as follows:
      1.   One physician who shall be appointed by the members of the retirement board who are contributors.
      2.   One physician who shall be appointed by the members of the retirement board who are not contributors.
      3.   One physician who shall be appointed by the retirement board. Such physician shall be an expert in women's diseases or in diseases of the nervous system.
   b.   They shall be appointed to serve for a term of three years but the term of each shall expire on August first in different years. Vacancies shall be filled for the unexpired term. All appointments for a full term or for an unexpired term shall be made by the same group of members of the retirement board which appointed the predecessor.
   c.   All medical examinations required or authorized by sections 13-550 (relating to retirement of certain contributors for disability) and 13-551 (relating to retirement for accident disability) of the code shall be made by the medical board or by a physician or physicians designated by the medical board under rules and regulations for such designation prescribed by the retirement board, at the place of residence of the contributor or at a place designated by mutual agreement.
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