City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Article I adopted by Chapter 268, Laws of 1904; as amended through 1-10-1962. Sections 58-1 and 58-3 amended during codification; see Ch. 1, General Provisions. Other amendments noted where applicable.]
GENERAL REFERENCES
Department of Police — See Sections 58 and 59 of the Charter of the City of New Rochelle.
Administrative departments — See Art. VII of the Charter of the City of New Rochelle.
Pension funds generally — See Section 66 of the Charter of the City of New Rochelle.
Firemen's Pension Fund — See Ch. 37, Art. I.
Personnel — See Ch. 52.
Alarm systems — See Ch. 81.
[Adopted by L. 1904, C. 268; as amended through 1-10-1962]

§ 58-1 Trustees; bond; depository.

The Mayor, the City Manager, the Police Commissioner or, in the event that the office of Police Commissioner is or becomes vacant for any reason whatsoever, then the Chief of Police of the City of New Rochelle and their successors in office, the Commissioner of Finance, the City Clerk and a retired member of the Department of Police who is a member of the local pension fund elected by the members of this pension fund to serve for a period of two years shall constitute a board of trustees of the Police Pension Fund established by this Act. The Mayor shall be President of said Police Pension Fund. The board of trustees of said Police Pension Fund shall on the first Monday of February after the passage of this Act elect a Secretary and Treasurer of said fund. The President and Secretary shall perform the customary duties of their respective offices. The Treasurer shall, before entering upon the discharge of his duties as such Treasurer with two or more sureties or a surety company, execute and deliver to the trustees of the Police Pension Fund a joint and several bond to the people of the State of New York, to be approved by the said trustees, in a penalty to be fixed by the said trustees, conditioned for the faithful discharge of his duties as such Treasurer, and the payment and delivery to his successor, or to the said trustees, of said fund, upon the expiration of his term of office or upon his resignation, death or removal from office, which bond when approved shall be filed in the office of the City Clerk of the City of New Rochelle; and the sureties upon the said bond shall be jointly and severally liable for the faithful discharge of the duties of such Treasurer and the payment and delivery to his successor, or to the said trustees, of said fund, not only during the term of office for which such Treasurer was appointed, but in case of his reappointment, shall continue until a new bond with sureties shall have been given, approved and filed as herein provided. The trustees of said Police Pension Fund shall designate a depository in which the funds received by the Treasurer shall be deposited, and all checks or drafts drawn upon said funds shall be signed by said Treasurer and countersigned by the President of said trustees. The trustees of the Police Pension Fund shall have charge of and administer said fund, and from time to time invest the same or any part thereof as they shall deem most beneficial to said fund; but no investment of funds shall be made except by the unanimous vote of the trustees of said pension fund; and they are empowered to make all necessary contacts and take all necessary and proper actions and proceedings in the premises, and to make payments from such funds and pensions granted in pursuance of this Act. The said trustees may and they are authorized and empowered from time to time to establish such rules and regulations for the disposition, investment, preservation and administration of the Police Pension Fund as they may deem best. They shall report in detail to the Council of the City of New Rochelle annually at the same time that the City Manager makes his annual report to the said Council, in which report shall be stated the condition of the Police Pension Fund, how invested and the items, and their receipts and disbursements on account of the same. No payments whatsoever shall be allowed or made by the said trustees as reward, gratuity or compensation to any person or persons for salary or service rendered to or for said trustees, except payment of legal expenses and the cost of procuring said treasurer's bond from a surety company.
[Enacted by Local Law No. 3-1964 (June 17, 1964); amended by Local Law No. 5-1971 (November 8, 1971); Local Law No. 3-1973 (December 10, 1973).[1] ]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 58-2 Exemption from execution; false or fraudulent claims; penalty.

The moneys, securities and effects of the Police Pension Fund, and all moneys granted and payable from said fund, shall be and are exempt from execution and from all process and proceedings to enjoin and recover the same by or on behalf of any creditor of any person having or asserting any claim against or debt or any liability of any pensioner of said fund. Every person who knowingly or willfully in any way procures the taking or presentation of any false affidavit or affirmation concerning any claim for pension or payment thereof shall, in every case, forfeit a sum not exceeding $250, to be sued for and recovered by and in the name of the said trustees, and whenever received to be paid over to and thereupon become a part of the said Police Pension Fund. Any person who shall willfully swear falsely in any oath or affirmation in obtaining or procuring any pension or payment thereof, under the provisions of this Act, shall be guilty of perjury.

§ 58-3 Source of contributions.

The said Police Pension Fund shall consist of:
1. 
All fines imposed by the City Manager or Police Commissioner or Chief of Police upon members of the police force.
2. 
All fees, gifts, testimonials and emoluments that may be presented, paid or given to any member of the police force on account of police service, and 1/2 of all rewards.
3. 
All lost or stolen moneys remaining in the hands of the Police Department for the space of one year and for which there shall be no lawful claimant, and the moneys arising from the sale of unclaimed property which the Police Department is hereby authorized to sell after said property shall have been without a lawful claimant for the space of one year.
4. 
All moneys, pay, compensation or salary or any part thereof forfeited, deducted or withheld from any member of the police force on account of absence from duty or loss of time shall be paid monthly to the treasurer of the Police Pension Fund.
5. 
A sum of money equal to but not greater than 6% of the monthly pay, salary or compensation of each member of the police force, which sum shall be deducted monthly by the Commissioner of Finance of the City of New Rochelle from the pay, salary or compensation of each and every member of the police force, and said Commissioner of Finance of the City of New Rochelle is hereby authorized, empowered and directed to deduct the said sum of money as aforesaid and forthwith pay the same to the treasurer of the trustees of the Police Pension Fund.
[Amended by Local Law No. 3-1964 (June 17, 1964); L.L. No. 5-1971 (November 8, 1971).[1] ]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 58-4 Authority to grant pensions.

The trustees of the Police Pension Fund created by this Act shall have power to grant and shall grant pensions, as hereinafter provided, to any member of the police force of said City of New Rochelle as follows:
1. 
To any member of the police force who is permanently disabled physically or mentally so as to be unfit for duty by reason of any injuries received by him while in the actual performance of police duty and whom the City physician and a physician appointed by the City Manager for the purpose of examining said member shall declare, in a certificate signed by them, is permanently disabled physically or mentally so as to be unfit for duty by reason of any injuries received by him while in the actual performance of police duty, and who shall, by order of the Director of Public Safety of the City of New Rochelle, be relieved and dismissed from said force and service and placed on the roll of the Police Pension Fund, an annual pension, payable monthly during his lifetime, of a sum of money equal to but not less than 1/2 of the full amount of annual salary or compensation received by such member at the time he may be retired; provided, however, that if said member shall have completed 25 years of service, he shall receive an annual pension payable in the same manner of a sum of money equal to but not less than 3/4 of the full amount of annual salary or compensation received by such member at the time he may be retired. In the event that the physician appointed by the City Manager does not agree in his findings with the City physician, the two physicians shall appoint a third physician satisfactory to the City Manager to examine the member. The three physicians shall constitute a medical board and a decision by a majority of said medical board shall be binding on the City, and the Director of Public Safety shall continue or relieve and dismiss said member from the force in accordance with the findings of said medical board.
1A. 
To any member of the police force who is permanently disabled physically or mentally so as to be unfit for duty by reason of injuries or causes obtained while not in actual performance of his police duty and who shall be so certified by the City physician and who shall, by order of the Director of Public Safety, be retired from said force and service, as follows:
(a) 
A total sum equal to one month's salary received by such member of the police force at the time of his retirement for each year of service, if such member of the police force has been in service less than five years.
(b) 
If such member shall be in service at least five years and not more than 10 years, an annual pension payable monthly during his lifetime of a sum of money equal to 1/4 of his salary at the time of his retirement.
(c) 
If such member shall be in the service for a period of more than 10 years at the time of his retirement, an annual pension payable monthly during his lifetime of a sum of money equal to 1/2 of the full amount of annual salary received by such members at the time of retirement.
1B. 
Any person having served as a member of said police force for a period of 25 years shall, upon his request and with the consent of the City Manager of said City, be retired from said force, and shall thereafter receive from said fund a sum of money monthly, during his lifetime, equal to 1/2 of his monthly salary, received by him just prior to his retirement. In the event that any officer or member of the uniformed police force has served as such member for 25 years and continues in service thereafter, upon his subsequent retirement for any cause whatsoever, there shall be added to the amount of the annual pension or retirement allowance to which he was entitled upon completion of such minimum period an additional amount computed at the rate of 1/60 of his final compensation for each year of such additional service. These benefits shall apply to every member who qualifies and retires subsequent to June 1, 1960. Each member of the police force shall retire upon reaching his 62nd birthday.
1C. 
[Repealed by Local Law No. 3-1960 (September 28, 1960).]
1D. 
[Repealed by Local Law No. 5-1962 (June 13, 1962).]
1E. 
Notwithstanding the foregoing or any other provisions of this Act known as the Police Pension Fund Act, as amended, the trustees of the Police Pension Fund created by this Act shall pay a minimum of $1,733 annually to any retired member of the police force who is receiving a pension of less than that sum or to the widow or dependent children of members or retired members of the police force who are receiving pensions of less than that sum.
1F. 
The trustees of the Police Pension Fund shall pay annually to any local retired member of the police force a supplemental pension payment which shall not exceed $1,000 per year and to be computed in accordance with the schedule set forth in § 192 of the Retirement and Social Security Law and which, together with the pension payment and the benefits received under federal old-age and survivors' insurance system, shall not exceed $2,600 a year; provided, however, that any local retired member of the Police Department who will receive a supplemental amount of less than $200 as a result of this amendment shall receive an amount of not less than $200 on filing an affidavit to the effect that he is over 65 years of age, is not receiving social security and is not gainfully employed by virtue of ill health or infirmity.
2. 
To the widow, if any, or if the deceased police officer leaves no widow, then to any person dependent on such police officer who shall have been killed while in the actual performance of police duty or who shall have died before or after retirement from the effects of any injury received in the actual discharge of such duty, the sum of $500. To the widow of any member of the police force who shall have been killed while in the performance of his duty or who shall have died before or after retirement from the effects of any injury received in the actual discharge of such duty, if there is no child or children of such member under 18 years of age, a sum per annum equal to 1/2 of the salary received by such police officer prior to his death or retirement, but if there is any child or children of such member under the age aforesaid, then the sum may be divided between such widow, child or children in such proportions and in such manner as the said trustees may direct.
3. 
To any child or children under 18 years of age of such member killed while in the actual performance of police duty or dying from the effects of any injury received in the actual discharge of such duty but leaving no widow, or if the widow, then after her death to such child or children being under 18 years of age, a sum per annum equal to 1/2 of the salary received by the deceased police officer prior to his death.
4. 
To the widow of any member of the police force who shall die prior to retirement by reason of age provisions and from any cause other than from injuries received in the actual performance of his duty, or who shall die subsequent to retirement from any cause other than from injuries received in the actual performance of his duty, as follows:
(a) 
A total sum equal to one month's salary received by such member of the police force at the time of his death or retirement for each year of service if such member of the police force has been in service less than five years, but if there is no widow, then such sum shall be paid to his child or children, if any, and if there is no child or children, said sum shall be paid to the dependents of the said police officer or to his estate in the discretion of the trustees.
(b) 
If such member shall have been in service at least five years and not more than 10 years, an annual pension of $500, payable monthly, but if there is any child or children under 18 years of age, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the trustees may direct.
(c) 
If such member shall have been in service for a period of more than 10 years at the time of his death or retirement, an annual pension, payable monthly, of a sum of money equal to 1/3 of the full amount of his annual salary received by such member at the time of his death or retirement, but if there is a child or children under 18 years of age, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the trustees may direct.
5. 
To the widow of any member of the police force who shall have retired by reason of at least 25 years of service, if there is no child or children of such member under 18 years of age, a sum per month equal to 1/3 of the monthly salary received by such police officer just prior to his retirement, but if there is any child or children of such member under 18 years of age, then the sum may be divided between such widow, child or children in such proportions and in such manner as the trustees may direct. If there is no widow then the said sum shall be payable to any child or children under 18 years of age.
6. 
To the mother or father depending for support on such member killed or dying as aforesaid, or pensioner as aforesaid, but leaving no widow or children, whether such widow or children would be entitled to receive a pension as aforesaid, a sum, to be paid in such manner as the trustees may direct, not to exceed $1,200 per annum.
7. 
Pensions to widows shall terminate upon the death or remarriage of the widow, and pensions to children shall terminate when each respectively arrives at the age of 18 years, or upon the death or marriage of the child; pensions to dependent parents shall terminate at death.
8. 
If a member of the police force is still in service after 25 years of service, he shall be entitled to receive his pension upon applying for the same even though discharged from the service for any reason.
[Amended by Local Law No. 4-1946 (September 16, 1946); Local Law No. 4-1948 (July 19, 1948); Local Law No. 4-1959 (July 15, 1959); Local Law No. 1-1960 (February 10, 1960); Local Law No. 3-1960 (September 28, 1960); Local Law No. 1-1962 (January 10, 1962); Local Law No. 2-1962 (January 10, 1962); Local Law No. 3-1962 (January 10, 1962); Local Law No. 5-1962 (June 13, 1962); Local Law No. 3-1964 (June 17, 1964); Local Law No. 1-1965 (February 10, 1965).]

§ 58-5 Estimate of income for ensuing year; deficiencies.

It shall be the duty of the trustees each year, prior to January 31, to prepare a full and detailed statement of the anticipated income of said Police Pension Fund for the ensuing fiscal year and the estimated amount which will be required to pay in full all pensions expected to be payable during such fiscal year and to certify the same to the Board of Police Commissioners. If such certificate shows an anticipated deficiency of income, it shall be the duty of the Board of Police Commissioners each year at the time of making up the departmental estimate, on or before the 31st day of January, to present the said certificate to the Board of Estimate and Apportionment, together with a statement of the amount of money required to enable the trustees to pay the said pensions in full, as certified to them. It shall be the duty of said Board of Estimate and Apportionment and of the Common Council to make an appropriation sufficient to provide for such deficiency, and the amount so appropriated shall be included in the annual appropriations and in the annual tax levies, and the Comptroller shall pay over the moneys so appropriated to the treasurer of the Police Pension Fund.
In the event that the amount appropriated for deficiency of income in any fiscal year shall prove insufficient to enable the trustees to pay all pensions in full that shall be due and payable during said fiscal year, the trustees shall certify such fact to the Board of Estimate and Apportionment and the Common Council.
In the event that the amount appropriated for deficiency of income in any fiscal year shall prove more than sufficient to enable the trustees to pay all pensions in full that shall be paid during said fiscal year, the treasurer of said pension fund shall retain such excess in the income account of said fund, and shall apply the same as income to the payment of pensions which shall become due and payable during the next succeeding fiscal year.
[L. 1943, Ch. 710 (Title 34).]

§ 58-6 Alternate method for dealing with deficiencies.

The Council, however, shall not be limited to the method provided in § 58-5 herein in providing for the annual deficiencies mentioned in said section but may provide for the payment of the same by such other means as it may deem advisable consistent with the state laws and the Constitution of the State of New York, provided that no additional contributions shall be required from the members of the police force.
[Enacted by Local Law No. 2-1940 (May 15, 1940).]

§ 58-7 Scope.

No new member of the Police Department of the City of New Rochelle appointed on or after the date of adoption of this local law shall be a member of the New Rochelle Police Pension Fund, nor shall be be required to pay any money, salary or compensation to such pension fund, and no such new member of the New Rochelle Police Department appointed on or after said date, nor his widow or relatives, shall be entitled to receive or be paid any pension allowance or money from such pension fund. This section shall not apply, however, to those members or officers appointed prior to the date of adoption of this local law who, after ceasing to be members or officers, are thereafter duly reinstated. Such men after being so reinstated will be restored to their former pension rights.
[Enacted by Local Law No. 2-1940 (May 15, 1940).]

§ 58-7A Continuation in service of partially disabled members.

In the discretion of the Director of Public Safety, members partially disabled by reason of injuries sustained in or induced by performance of police duty may be continued in service and assigned to such work as the City physician may certify they are capable of performing.
[Enacted by Local Law No. 2-1940 (May 15, 1940).]

§ 58-8 Medical examinations.

All medical examinations required by or made pursuant to the provisions of this Act shall be conducted by the City physician, or some other physician duly authorized by the Director of Public Safety; provided, however, that any member, within 30 days after receipt of the decision of such physician, in writing may request that the decision of such physician be reviewed by a special medical board which shall consist of one doctor appointed by the Director of Public Safety other than the doctor who made the physical examination and a doctor selected and compensated by such member. The decision of such special board shall supersede the decision of the examining physician. In the event that the two doctors of the special board shall disagree, a recognized specialist on the condition, disease or injury for which such member has been examined or for which disability is claimed shall be selected by such doctors to be a third member of the special board. The decision of a majority of the three members of such special board shall supersede the decision of the examining physician. The specialist selected by the two doctors of the special board shall be compensated by the City. Such compensation shall be fixed by the City Manager and shall be subject to his audit.
[Enacted by Local Law No. 2-1940 (May 15, 1940).]

§ 58-9 Consolidation with Firemen's Pension Fund.

This pension fund may be consolidated with the Firemen's Pension Fund by a local law, which local law, if enacted, shall contain no less than the benefits provided for in nor impose greater obligations upon the members of the police force than the Act creating the Police Pension Fund, as amended to date, and the board of trustees under the new law shall consist of all the trustees of the Firemen's Pension Fund and of the Police Pension Fund.
[Enacted by Local Law No. 2-1940 (May 15, 1940).]

§ 58-10 Minimum benefits for widows.

Notwithstanding any other provision of the Police Pension Fund, the trustees shall pay to the widow of any member who has heretofore died or who shall hereafter die an annual pension benefit not less than $2,400 payable in equal monthly installments.
[Enacted by Local Law No. 2-1974 (July 2, 1974).]

§ 58-11 Supplemental retirement allowance increase.

Notwithstanding any other provisions of the Police Pension Fund, the supplemental retirement allowance heretofore provided for the local retired members of the police force is hereby increased pursuant to the per centum outlined in Subdivision b of § 78 of the Retirement and Social Security Law. Such supplemental retirement allowance shall be computed on the basis of the first $13,500 of such annual retirement allowance and shall be payable commencing with the payment for the month of July 1999 and continuing through the month of August 2000, unless of Subdivision b of § 78 of the Retirement and Social Security Law is further amended to permit such payments for additional periods of time, and, in such event, the increase in the supplemental retirement allowance payment provided for herein shall continue during such extended periods.
[Enacted by Local Law No. 5-1978 (October 17, 1978); amended by Local Law No. 1-1980 (January 15, 1980); Local Law No. 1-1981 (September 15, 1981); Local Law No. 5-1983 (November 22, 1983); Local Law No. 2-1987 (December 8, 1987);[1] Local Law No. 6-1999 (May 18, 1999).[2]]
[1]
Editor's Note: Resolution No. 343, adopted 12-13-1988, provided as follows:
"Pursuant to authority contained in Local Law Nos. 2 and 3 of 1987, Ordinance Nos. 338 and 339 of 1987 and Chapter 8 of the Laws of 1988, the City Manager is hereby authorized to provide for the payment of increased supplemental retirement allowances for members and widows of deceased members of the local Policemen's and Firemen's Pension Fund.
"Such increases shall be for the period from September 1987 through and including the month of August 1989, and the percentage increase thereof shall be at the rate as authorized by Local Law Nos. 2 and 3 of 1987 and Ordinance Nos. 338 and 339 of 1987."
[2]
Editor's Note: This local law also provided that it shall take effect July 1, 1999.

§ 58-12 Supplemental retirement allowance increase for widows.

Notwithstanding any other provisions of the Police Pension Fund, the supplemental retirement allowance heretofore provided for the widows of local retired members of the Police Department is hereby increased pursuant to the per centum outlined in Subdivision b of § 78 of the Retirement and Social Security Law. Such supplemental retirement allowance shall be computed on the basis of the first $13,500 of such annual retirement allowance and shall be payable commencing with the payment for the month of July 1999 and continuing through the month of August 2000, unless of Subdivision b of § 78 of the Retirement and Social Security Law is further amended to permit such payments for additional periods of time, and, in such event, the increase in the supplemental retirement allowance payment provided for herein shall continue during such extended periods.
[Enacted by Local Law No. 3-1987 (December 8, 1987);[1] amended Local Law No. 6-1999 (May 18, 1999).[2]]
[1]
Editor's Note: Resolution No. 343, adopted 12-13-1988, provided as follows:
"Pursuant to authority contained in Local Law Nos. 2 and 3 of 1987, Ordinance Nos. 338 and 339 of 1987 and Chapter 8 of the Laws of 1988, the City Manager is hereby authorized to provide for the payment of increased supplemental retirement allowances for members and widows of deceased members of the local Policemen's and Firemen's Pension Fund.
"Such increases shall be for the period from September 1987 through and including the month of August 1989, and the percentage increase thereof shall be at the rate as authorized by Local Law Nos. 2 and 3 of 1987 and Ordinance Nos. 338 and 339 of 1987."
[2]
Editor's Note: This local law also provided that it shall take effect July 1, 1999.

§ 58-13 Supplemental retirement allowance increases for retirees and widows.

Notwithstanding any other provisions of the Police Pension Fund, the City of New Rochelle hereby extends the supplemental retirement allowance increases benefits provided under § 78-a of the New York State Retirement and Social Security Law to its local retirement system police retirees and widows, effective September 1, 2000.
[Enacted by Local Law No. 10-2001 (December 11, 2001)]