City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY Adopted by the Council of the City of New Rochelle as indicated in article histories. Other amendments noted where applicable.]
GENERAL REFERENCES
Fire Chief — See Section 58.01 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.
Police Pension Fund — See Ch. 58, Art. I.
Fire prevention — See Ch. 147.
[Adopted 5-20-1913 by Ord. No. 333-1913, as amended through 2-14-1962]

§ 37-1 Establishment.

There shall be established and maintained in the City of New Rochelle a Firemen's Pension Fund for the paid officers and members of the Fire Department of the City of New Rochelle.

§ 37-2 Source of contributions.

[Amended 6-17-1964 by Ord. No. 180-1964]
Such Firemen's Pension Fund shall consist of:
A. 
A sum of money annually equal to but not greater than 5% of all excise moneys, after deducting rebates or returns, received by the City of New Rochelle from or on account of the issuing of liquor tax certificates permitting traffic in liquors, as defined by the liquor tax law, and of any moneys paid for taxes upon the business of trafficking in or selling or delivering any such liquor; such sum to be paid upon the receipt thereof by the Commissioner of Finance of the City of New Rochelle or other person or officer having the legal custody thereof to the trustees of such Firemen's Pension Fund without any action or authority of or from any other official body or officer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
B. 
All fines imposed on the paid members of the Fire Department in the City of New Rochelle by the City Manager or Fire Chief.
C. 
All moneys, pay, compensation or salary or any part thereof deducted or withheld from any paid member or members of said Fire Department for or on account of fines, absence or suspension from duty, except in cases of sickness, and any other moneys that the City of New Rochelle may from time to time pay into said funds from any other source.
D. 
All moneys which shall be deducted from the monthly pay of each paid fireman and paid officer of such Department and from the pay of such other employee of said Department, as may be entitled to participate in such fund, and which shall be the sum of 6% of the monthly pay, salary or compensation, each month from each of the said persons, which said 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 paid member of said Fire Department; and said Commissioner of Finance is hereby authorized, empowered and directed to deduct the said 6% of the monthly paid salary or compensation aforesaid, and pay the same forthwith to the trustees of the said paid Firemen's Pension Fund.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

§ 37-3 Trustees.

[Amended 6-17-1964 by Ord. No. 180-1964; 2-5-1974 by Ord. No. 50-1974[1]]
The Mayor, the City Manager, the Chief of the Fire Department, the Commissioner of Finance, the City Clerk of the City of New Rochelle and their successors in office and a retired member of the Fire Department 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 who shall have the control, management and distribution of said fund. The trustees shall determine all applications for pensions according to the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

§ 37-4 Authority to grant pensions.

The trustees of the Firemen's Pension Fund created by this article shall have power to grant and shall grant pensions, as hereinafter provided, to any member of the Fire Department of said City of New Rochelle as follows:
A. 
To any member of the Fire Department 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 duty and who 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 duty, and who shall by order of the City Manager of the City of New Rochelle be relieved and dismissed from said force and service and placed on the roll of the Firemen's 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 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 City Manager shall continue or relieve and dismiss said member from the force in accordance with the findings of said medical board.
[Amended 6-13-1962 by Ord. No. 176-1962; 6-17-1964 by Ord. No. 180-1964]
B. 
To any member of the Fire Department who is permanently disabled physically or mentally so as to be unfit for duty by reason of injuries or causes obtained while not in the actual performance of his duty and who shall be so certified by the City physician and who shall, by order of the City Manager, be retired from said force and service as follows:
[Amended 6-17-1964 by Ord. No. 180-1964]
(1) 
A total sum equal to one month's salary received by such member of the Fire Department at the time of his retirement for each year of service, if such member of the Fire Department has been in service less than five years.
(2) 
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.
(3) 
If such member shall be in 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 the annual salary received by such member at the time of retirement.
C. 
Any person having served as a member of said Department for a period of 25 years shall, upon his request, 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. Each member of said Department shall retire upon reaching his 62nd birthday.
D. 
Any member who shall have completed 25 years of service in said Department and who has not reached the compulsory retirement age of 62 years shall, upon retirement, be entitled to receive and be paid from the fund an additional increase in pension in the amount of $50 per year for each year not exceeding five years of performed service in the Department beyond the 25 years of completed service. The maximum allowable additional pension, as herein provided, shall not exceed $250. The provisions of this subsection shall apply to all members of the Department who have continued in service beyond the completed 25 years of service and who are members of the Department upon the adoption of this subsection.
E. 
To any member of the Fire Department who, independent and exclusive of all other causes, is totally and permanently disabled so as to be prevented from performing the duties and all occupations by reason of an accident which occurred in the actual performance of duty and who shall, by order of the City Manager, be dismissed from said force upon certification of such total and permanent disability by the City physician, an annual pension payable monthly during his lifetime while such total and permanent disability continues, of a sum of money equal to but not less than 3/4 of the full amount of the annual salary or compensation received by such member at the time he may be retired. The trustees may cause to be made such additional physical and medical examinations and investigations as they may deem necessary to satisfy them that the disability is total, permanent and continues and that it was due solely to an accident which occurred in the actual performance of duty as aforesaid. The continuance of any pension so granted shall be subject to an annual examination by the City physician or by such other physician as the trustees may designate to determine whether the permanent and total disability still continues.
[Amended 6-17-1964 by Ord. No. 180-1964]

§ 37-5 Conditions for grant of pension.

Said board of trustees shall grant pensions out of the said Pension Fund:
A. 
To the widow, if any, of any paid member of said Fire Department or, if the deceased paid fireman leaves no widow, then to any person dependent on such fireman who shall have been killed while in the actual performance of 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 paid member of said Fire Department who shall have been killed in the actual performance of his duty or who shall have died before or after retirement from the effects of any injuries 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 paid fireman prior to his death or retirement, but if there is any child or children of such member under the age aforesaid, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the said trustees may direct. (The benefits provided in this subsection shall apply to all officers and firemen who were members of the paid Fire Department on or after July 1, 1961.)
B. 
To any child or children under 18 years of age of such member killed while in the actual performance of his duty or dying from the effects of any injury received in the actual discharge of such duty but leaving no widow or, if a 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 fireman prior to his death. (The benefits provided in this subsection shall apply to all officers and firemen who were members of the paid Fire Department on or after July 1, 1961.)
C. 
To any dependent parent or parents of such member killed or dying as aforesaid, or a member who shall be a pensioner dying as aforesaid, but leaving no widow or children under the age of 18 years, a sum to be paid in such manner as the trustees may direct, not to exceed $1,200 per annum to each such dependent parent. (The benefits provided in this subsection shall apply to all officers and firemen who were members of the paid Fire Department on or after July 1, 1961.)
D. 
To the widow of any member of the Fire Department 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:
(1) 
A total sum equal to one month's salary received by such member of the Fire Department at the time of his death or retirement for each year of service if such member 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 firemen or to his estate, in the discretion of the trustees.
(2) 
If such member shall have been in the 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 proportion and in such manner as the trustees may direct.
(3) 
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.
E. 
To the widow of any member of the Fire Department 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 annum equal to 1/3 of the annual salary received by such member just prior to his retirement and upon which his pension was based at the time of 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.

§ 37-6 Minimum pension payments.

[Amended 2-10-1965 by Ord. No. 79-1965]
A. 
Notwithstanding the foregoing or any other provision of this article known as the "Firemen's Pension Fund Ordinance," as amended, the trustees of the Firemen's Pension Fund created by this article shall pay a minimum of $1,733 annually to any retired member of the Fire Department who is receiving a pension of less than that sum or to the widow or dependent children of members or retired members of the Fire Department who are receiving pensions of less than that sum.
B. 
The trustees of the Firemen's Pension Fund shall pay annually to any local retired member of the Fire Department 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, as last amended by Chapter 371 of the Laws of New York, 1964, 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 Fire 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.
C. 
Notwithstanding any other provisions of this article, the supplemental retirement allowance heretofore provided for the local retired members of the Fire 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 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.
[Added 10-17-1978 by Ord. No. 278-1978; amended 1-15-1980 by Ord. No. 4-1980; 9-15-1981 by Ord. No. 275-1981; 11-22-1983 by Ord. No. 265-1983; 12-8-1987 by Ord. No. 338-1987[1]; 5-8-1999 by Ord. No. 132-1999[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 increases thereof shall be at the rate as authorized by Local Law No. 2 and 3 of 1987 and Ordinance Nos. 338 and 339 of 1987."
[2]
Editor's Note: This ordinance also provided that it shall take effect and be reflected in pension payments payable on July 1, 1999.

§ 37-7 Termination of payments to survivors.

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.

§ 37-8 False or fraudulent claims; penalty.

Every person who knowingly or willfully in any way procures the making of presentation of any false or fraudulent 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 of said Firemen's Pension Fund, and when recovered paid over to and thereupon become a part of said Firemen's Pension Fund.

§ 37-9 Trustees authorized to administer oaths and take acknowledgments.

For the purpose of this article, the board of trustees of said Firemen's Pension Fund is hereby authorized to administer oaths and take acknowledgments, and 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 article shall be guilty of perjury.

§ 37-10 Exemption from execution.

The moneys, securities and effects of said Firemen's Pension Fund and all pensions granted and payable from said pension 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 claim against or debt or liability of any pensioner of said fund.

§ 37-11 Auditing committee; reports.

The members of said Fire Department whose salaries contribute to said pension fund shall annually select two of their number, and the pensioners, when there shall be any, shall annually select one of their number, and the persons so selected, together with the Comptroller of the City of New Rochelle, shall constitute an auditing committee and make and file with the Clerk of the City of New Rochelle a written report.

§ 37-12 Initial appropriation.

The Board of Estimate and Apportionment of the City of New Rochelle is hereby authorized and empowered at any time in its discretion before January 1, 1914, to appropriate and transfer from the contingent fund the sum of $400 to the credit of the trustees of such Firemen's Pension Fund as a foundation thereof.

§ 37-13 Estimate of income for ensuing year; deficiencies.

A. 
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 Firemen's 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 Fire Commissioners. If such certificate shows an anticipated deficiency of income it shall be the duty of the Board of Fire 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 the Common Council to make an appropriation sufficient to provide 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 Fire Department Pension Fund.
B. 
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, which shall issue certificates of indebtedness payable out of the next succeeding tax levy for the amount of the deficiency so certified and the proceeds thereof shall be paid to the treasurer of said Fire Department Pension Fund by the Comptroller.
C. 
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.

§ 37-14 Effect of twenty-five years of service.

If a member of the Fire Department 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.

§ 37-15 Alternate method for dealing with deficiencies.

The Council, however, shall not be limited to the method provided in § 37-13 in providing for the annual deficiencies mentioned in said sections 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 Fire Department.

§ 37-16 Scope.

No new member of the Fire Department of the City of New Rochelle appointed on or after the date of adoption of this article shall be a member of this pension fund, nor shall he be required to pay any money, salary or compensation to such pension fund, and no such new member of the New Rochelle Fire Department appointed on or after said date, nor his widow or relative, 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 article 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.

§ 37-17 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 duty may be continued in service and assigned to such work as the City physician may certify they are capable of performing.

§ 37-18 Medical examinations.

All medical examinations required by or made pursuant to the provisions of this article 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 examinations 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.

§ 37-19 Consolidation with Police Pension Fund.

This Pension Fund may be consolidated with the Police 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 Fire Department than the ordinance creating the Firemen's 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.

§ 37-20 Minimum benefits for widows.

[Added 7-2-1974 by Ord. No. 212-1974]
A. 
Notwithstanding any other provision of this article, the trustees of the Firemen's Pension Fund shall pay to the widow of any member who his heretofore died or who shall hereafter die an annual pension benefit not less than $2,400, payable in equal monthly installments.
B. 
Notwithstanding any other provision of this article, the widows of deceased pensioners who have retired prior to March 31, 1969, are hereby granted 1/2 of the monthly supplemental retirement allowance which the pensioner would have received if living and shall commence upon the death of the pensioner. Such amount shall be payable commencing with a payment for the month of September 1978 and continued through the month of June 1979. Such payment shall cease upon the payment to be made for the month of June 1979, unless Section h of Paragraph 2 of § 78 of the Retirement and Social Security Law is further amended to extend such payments for additional periods of time and, in such event, the payment provided for herein shall continue during such extended periods.
[Added 1-16-1979 by Ord. No. 13-1979]
C. 
Notwithstanding any other provisions of this article, the supplemental retirement allowance heretofore provided for the widows of local retired members of the Fire 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 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.
[Added 12-8-1987 by Ord. No. 339-1987[1]; 5-18-1999 by Ord. No. 132-1999[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 ordinance also provided that it shall take effect and be reflected in pension payments payable on July 1, 1999.
D. 
Notwithstanding any other provisions of this article, 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 fire widows, effective September 1, 2000.
[Added 12-11-2001 by L.L. No. 11-2001]
[Adopted 3-10-1965 by Ord. No. 122-1965]

§ 37-21 Applicability. [1]

The provisions of the rules and regulations of the Fire Department of the City of New Rochelle requiring paid members and paid officers of the Fire Department to reside within the City of New Rochelle shall not apply to paid members and/or paid officers of the Fire Department of the City of New Rochelle who reside within the geographical limits of the County of Westchester.
[1]
Editor's Note: Amended during codification.