[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.
Personnel — See Ch. 52.
Alarm systems — See Ch. 81.
[Adopted by L. 1904, C. 268; as amended through 1-10-1962]
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] ]
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.
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.
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[Amended by Local Law No. 3-1964 (June 17, 1964);
L.L. No. 5-1971 (November 8, 1971).[1] ]
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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.
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[Repealed by Local Law No. 3-1960 (September
28, 1960).]
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1D.
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[Repealed by Local Law No. 5-1962 (June 13,
1962).]
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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.
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[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).]
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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).]
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).]
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).]
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).]
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).]
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).]
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).]
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.
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.
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)]
