[Amended 11-4-2008 by L.L. No. 10-2008]
The Mayor, the Commissioner of Finance and the Police Commissioner
and their successors in office shall constitute a Board of Trustees
of the Police Pension Fund; and they shall have the care, control,
management and distribution of said funds as provided by law. The
Commissioner of Finance shall be the custodian of the said fund, and
treasurer thereof. All orders made payable from the said fund shall
be made upon the vote of said Trustees, and such orders must be signed
by the Police Commissioner, and countersigned by the Commissioner
of Finance. The Trustees of the said fund shall invest for the benefit
of the fund all moneys not necessary for the payment of pensions,
as hereinafter provided. Such investment shall be made only in securities
in which the savings banks of the State of New York are authorized
by law to invest. In addition to and as part of the pensions hereinafter
specified, the said Trustees are directed to cause group life insurance
policies in the sum of one thousand dollars ($1,000) per member to
be issued upon the life of such member while employed in such service
and until retirement therefrom and to pay out of said fund the premiums
due thereon, provided the beneficiary named in said policies shall
be limited to the widow, minor children under eighteen (18) years
of age or next of kin, of such member. The Trustees of the said fund
shall report in detail to the City Council annually, in the month
of January, the condition and the disposition of the fund, and the
items of receipts and disbursements for account of the same during
the year ending on the 31st day of the December preceding, including
insurance policies then outstanding.
The Police Pension Fund as it now exists is continued; and in
addition to the moneys and investments therein contained it shall
consist of:
1. All fines imposed by the Police Department on the members of the
Police Department in the City of Yonkers.
[Amended 11-4-2008 by L.L. No. 10-2008]
2. All rewards, money, gifts, testimonials and emoluments that may be
paid or given to any member of the Police Department for account of
police service, except such payments or gifts as have been or shall
be allowed by the Police Department to be retained by the members
receiving the same.
[Amended 11-4-2008 by L.L. No. 10-2008]
3. All money, pay, compensation or salary or any part thereof deducted
or withheld from any member or members of the Police Department, for
or on account of absence or suspension from duty except in cases of
sickness.
4. All lost or stolen money remaining in the hands of the police for
the period of one (1) year and for which there shall be no lawful
claimant; and the moneys arising from the sale of unclaimed property,
which property the Police Department is hereby authorized to sell,
after it shall have been without a lawful claimant for the period
of one (1) year.
[Amended 11-4-2008 by L.L. No. 10-2008]
5. All fees received and paid for the inspection and testing by the
police of combustibles and dangerous material, as shall be provided
by the laws and ordinances of the city.
6. All moneys which shall be deducted from the monthly pay, salary or
compensation of each member of said Department and which shall be
the sum of five per centum (5%) of the monthly pay, salary or compensation
of each of the said members; which said sum shall be deducted monthly
by the Commissioner of Finance of the City of Yonkers from the pay,
salary or compensation of each and every member of said Police Department,
and the Commissioner of Finance is authorized, empowered and directed
to deduct the said five per centum (5%) of the monthly pay, salary
or compensation, as aforesaid, and to cause the same to be paid forthwith
to the Trustee of the said Police Pension Fund. No member of said
Department shall be required to continue contri-butions after completing
twenty-five (25) years of service.
[Amended 11-4-2008 by L.L. No. 10-2008]
7. An amount payable to the Trustees of the Police Pension Fund from
the City Treasury at the end of each fiscal year up to and including
the fiscal year commencing January 1, 1940, and ending December 31,
1940 equivalent to one and one-half (1 1/2) times the amount of moneys
deducted from the monthly pay, salary or compensation of each member
of the said Police Department during such fiscal year as provided
by Subdivision 6 of this section.Whenever in any calendar year, up
to and including the calendar year beginning January 1, 1940, and
ending December 31, 1940, the disbursements from said fund shall exceed
the total income thereof, and the principal sum of said fund is less
than four hundred fifty thousand dollars ($450,000.), there shall
be included in the next annual budget and levy a sum to equal the
amount of such deficiency for such previous year, and the same shall
be paid by the Commissioner of Finance to the Trustees of the said
fund. Commencing on January 1, 1941, and continuing thereafter, the
Trustees of the Police Pension Fund are directed to and shall as rapidly
as they deem it, in their judgment, advisable, liquidate and convert
into money all of the assets included in the principal sum of the
said fund and shall use, during the calendar year beginning January
1, 1941, and ending December 31, 1941, ninety thousand dollars ($90,000.),
of such money, or so much thereof as may be available up to the sum
of ninety thousand dollars ($90,000.), for the purpose of paying any
pensions, annuities, retirement allowances, refunds, death benefits,
dependent benefits and any other benefits granted under the provisions
of this Article, or may pay over to the city during such calendar
year the said sum of money or any part thereof at such time or times
and in one (1) payment or in several payments, as the said Trustees
shall determine, to be received by the city as a credit to the general
fund of the city and as an estimated revenue receivable in said year
deductible in the annual estimate for the purpose of ascertainment
of the tax budget in that year under the provisions of Section seventy-seven
(77) of the Second Class Cities Law. Any part of the ninety thousand
dollars ($90,000.) so directed to be disbursed or paid over by the
said Trustees that shall not for any reason be disbursed or paid pursuant
to the directions aforesaid in the said calendar year ending December
31, 1941, shall be disbursed or paid over by the said Trustees for
the same purposes and in the same manner in any subsequent calendar
year or years. In addition to any part of the said ninety thousand
dollars ($90,000.) so disbursed, used or paid over in any calendar
year subsequent to the calendar year ending December 31, 1941, the
said Trustees shall use in each calendar year, subsequent to the calendar
year ending December 31, 1941, sixty thousand dollars ($60,000.) of
the money into which the assets of the said fund have been liquidated
and converted or so much thereof as may be available up to the sum
of sixty thousand dollars ($60,000.) for the purpose of paying any
pensions, annuities, retirement allowances, refunds, death benefits,
dependent benefits and any other benefits granted under the provisions
of this Article, or for making payments in each of such calendar years
subsequent to the calendar year ending December 31, 1941, up to the
sum of sixty thousand dollars ($60,000.) similarly as hereby permitted
to be made during the calendar year ending December 31, 1941, into
the general fund of the city for each of such calendar years, until
such time as the whole of the said principal sum of said fund shall
have been liquidated and disposed of in the manner aforesaid. The
payment of all moneys directed under the provisions of this Article
to be paid by the Commissioner of Finance to the Trustees of the said
Police Pension Fund shall be, except for the contributions from salaries
of members referred to in Subdivision six (6) of this section, and
are hereby made direct obligations of the city, and the payment of
all pensions, annuities, retirement allowances, refunds, death benefits,
dependent benefits and any other benefits granted under the provisions
of this Article is hereby guaranteed by the city. The Police Department
shall prepare and submit in each year to the officer or officers of
the city charged with the duty of making the annual estimate, at the
same time and in the same manner as the annual estimate of the Police
Department is submitted for each fiscal year, an estimate of the amount
necessary to be appropriated by the city to the said fund to provide
for payment in full during the ensuing fiscal year of all such obligations
of the city accruing during the ensuing fiscal year and the payment
of any deficiency accruing for any previous fiscal year. The officer
or officers of the city charged with the duty of making the annual
estimate in each year shall include annually in the annual estimate
and the City Council shall annually appropriate an amount sufficient
to provide for such obligations of the city including any such deficiency.
The Commissioner of Finance shall pay the sum so appropriated into
the said Police Pension Fund provided for by this Article.
[Amended 11-4-2008 by L.L. No. 10-2008]
[Amended 11-4-2008 by L.L. No. 10-2008]
The Trustees of the said Police Pension Fund shall have the
power at any time to reopen and rehear the case of any member who
has been retired on or after August 1, 1939, solely for physical disability,
upon reasonable notice to such member, and take proof and determine
by medical facts, or otherwise, whether such member shall be removed
from the pension rolls and ordered back to active service, and if
so ordered a copy of such order shall be served upon such member and
he or she shall thereupon be moved from the pension rolls and be returned
to active service.
[Amended 11-4-2008 by L.L. No. 10-2008]
The Police Department shall have the power and authority to
retire from all service in the Police Department and relieve and dismiss
from the said Department any member or officer of the Department who,
upon an examination by the Police Surgeon ordered by the said Department,
is found to be disqualified physically or mentally in the performance
of his or her duties.
The Police Department shall retire from all service in the Police
Department and relieve and dismiss from the said Department, members
or officers in the following cases:
A. Notwithstanding the provisions of Section 136 of the Second Class
Cities Law, Chapter 55, Laws of 1909, as amended, the Police Department
is hereby directed to retire from all service in the Police Department:
(1) Any member holding the rank of captain, lieutenant, sergeant or patrolman
or any other member of the Department, except a member holding the
rank of chief, who has attained the age of sixty-five (65) years,
provided that during any period of time in which the United States
is legally at war no member, who shall have served a written request
upon the Police Department within sixty (60) days prior to the time
he or she reaches the age of sixty-five (65) years asking that his
or her retirement take effect at such time as he or she shall attain
the age of sixty-seven (67) years, shall be retired under the provisions
of this Subdivision 1 of Paragraph A of Section 3 until he or she
has attained the age of sixty-seven (67) years and shall be so retired
at attaining the age of sixty-seven years.
(2) Any officer holding the rank of chief who has attained the age of
seventy (70) years.
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It being the purpose of this subdivision to retire the said
members and officers by operation of law and not by the exercise of
any discretion on the part of the Police Department. The records of
the Police Department as to the age of the various members and officers
supplied to said Department at the time of the appointment of said
member shall be controlling as to his or her age.
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B. Any member or officer of the Department who shall have served continuously
as a member or officer of the Department for a period of twenty-five
(25) years or upwards, provided that such officer or member applies
for retirement. Nothing in this section contained shall, however,
be construed as a limitation on the powers otherwise conferred by
law with respect to the removal or dismissal of members or officers
of the Police Department.
C. All members or officers of the Department retired under the provisions
of this section shall be placed on the roll of the Police Pension
Fund.
The said Board of Trustees shall grant pensions out of said
pension fund, in the following cases:
(1) To any member or officer of the Police Department who shall have
been retired for disability not caused in or induced by the actual
performance of the duties of his or her position and who has been
relieved and dismissed from the Police Department and who has been
placed on the pension roll, as provided in Section 3 of this Article,
an annual pension payable monthly during his or her lifetime of a
sum of money amounting to one-half (1/2) of the full salary or compensation
received by such member or officer at the date of his or her retirement
from such service; and said pension or allowance so allowed is to
be in lieu of any salary which such member or officer was entitled
to receive at the date of his or her being so relieved or retired
from duty and the city shall not be held liable for any payment of
any claim or demand for service thereafter rendered by the member
or officer of the force so retired.
[Amended 11-4-2008 by L.L. No. 10-2008]
(1-a)
To any member or officer of the Police Department who shall
have been retired for disability caused in or induced by actual performance
of the duties of his or her position and who has been relieved and
dismissed from the Police Department and who has been placed on the
pension roll, as provided in Section 3 of this Article, an annual
pension payable monthly during his or her lifetime of a sum of money
amounting to three-quarters (3/4) of the full salary or compensation
received by such member or officer at the time of his or her retirement
from such service; and said pension or allowance so allowed is to
be in lieu of any salary which such member or officer was entitled
to receive at the date of his or her being so relieved or retired
from duty, and the city shall not be held liable for any payment of
any claim or demand for service thereafter rendered by the member
or officer of the force so retired.
(1-b)
To any retired patrolman of the Police Department who shall
have been retired for disability caused in or induced by actual performance
of the duties of his or her position, a pension of six thousand one
hundred fifty-seven dollars and fifty cents ($6,157.50) per annum;
to any retired sergeant of the Police Department who shall have been
retired for disability caused in or induced by actual performance
of the duties of his or her position, a pension of seven thousand
one hundred sixty-two dollars and fifty cents ($7,162.50) per annum;
to any retired lieutenant of the Police Department who shall have
been retired for disability caused in or induced by actual performance
of the duties of his or her position, a pension of seven thousand
nine hundred eighty-three dollars and seventy-five cents ($7,983.75)
per annum, and to any retired captain of the Police Department who
shall have been retired for disability caused in or induced by actual
performance of the duties of his or her position, a pension of eight
thousand eight hundred eighty-seven dollars and fifty cents ($8,887.50)
per annum. In addition to the aforementioned remunerations, any person
having retired who shall have served five (5) continuous years as
a detective shall receive in addition to his base retirement pay the
sum of two hundred dollars ($200.) per annum. In addition to the aforementioned
remunerations to any retired member of the Police Department who shall
have served ten (10) continuous years in said Department, an additional
fifty dollars ($50.) per annum, or for any person having served twenty
(20) continuous years in said Department, an additional one hundred
dollars ($100.). These aforementioned amounts are in addition to any
benefits accruing to an individual under Local Law No. 12-1960, except
that the maximum amount of benefits payable under any and all sections
and subdivisions of this Article shall not exceed seven-eighths (7/8)
of the salary or compensation received at the date of retirement or
separation from service, or the base salary or compensation for the
year 1966, whichever is greater.
(2) To any member or officer of the Police Department who shall have been retired and who shall have been relieved and dismissed from the Police Department in accordance with the provisions of §
C22-3A or
B of this Article and who has been placed on the pension roll as provided in §
C22-3C of this Article, an annual pension, payable monthly during his or her lifetime, which shall be equal to one-half (1/2) of his or her final annual salary or compensation. In the event any officer or member of the uniformed force of the Police Department has served as such for a period of twenty-five (25) years and thereafter continues in such service, upon his or her subsequent retirement, for any cause whatsoever, there shall be added to the amount of the annual pension or retirement allowance to which he or she is entitled, upon date of retirement, an additional amount computed at the rate of one-sixtieth (1/60) of his or her final compensation for each year of such additional service, except that the maximum amount of benefits payable under any and all sections and subdivisions of this Article shall not exceed seven-eighths (7/8) of the salary or compensation received at the date of retirement or separation from service, or the base salary or compensation for the year 1966, whichever is greater.
[Amended 11-4-2008 by L.L. No. 10-2008]
(2-a)
To any retired patrolman or detective-patrolman of the Police
Department, a pension of four thousand one hundred five dollars ($4,105.)
per annum; to any retired sergeant or sergeant-detective of the Police
Department, a pension of four thousand seven hundred seventy-five
dollars ($4,775.) per annum; to any retired lieutenant or lieutenant-detective
of the Police Department, a pension of five thousand three hundred
twenty-two dollars and fifty cents ($5,322.50) per annum; to any retired
captain of the Police Department, a pension of five thousand nine
hundred twenty-five dollars ($5,925.) per annum; to any retired deputy
commissioner of the Police Department receiving a pension of five
thousand five hundred thirty-seven dollars and fifty cents ($5,537.50)
or less per annum, a pension of six thousand dollars ($6,000.) per
annum; to any retired lineman of the Police Department, a pension
of three thousand five hundred fifty-five dollars ($3,555.) per annum.
In addition to the aforementioned remunerations, any person having
retired who shall have served five (5) continuous years as a detective
shall receive in addition to his or her base retirement pay the sum
of two hundred dollars ($200.) per annum; any person who shall have
retired after having served ten (10) continuous years in the Police
Department shall receive in addition to his or her base retirement
the sum of fifty dollars ($50.) per annum; or any person who shall
have served twenty (20) continuous years in said Department shall
receive in addition to his or her base retirement pay the sum of one
hundred dollars ($100.) per annum. In addition to the foregoing benefits,
any person having qualified to benefits under Local Law No. 12-1960
shall receive in addition to the aforementioned benefits the benefits
thereunder, except that the maximum amount of benefits payable under
any and all sections and subdivisions of this Article shall not exceed
seven-eighths (7/8) of the salary or compensation received at the
date of retirement or separation from service, or the base salary
or compensation for the year 1966, whichever is greater.
(3) To the widow of any member or officer of the Police Department who
shall have been killed while in the actual performance of police duty,
or who shall have died from the effects of any injuries received in
the actual discharge of such duty, provided such death occurs within
two (2) years from the date said injuries were received, a pension
which shall be equal to one-half (1/2) of the final annual salary
or compensation of such member or officer at the time of death, or
one-half (1/2) of the annual salary that said officer would have received
had he been employed on January 1, 1967, in the rank which he held
immediately prior to his death, whichever sum is the greater, payable
to said widow during her lifetime, unless she remarries, when said
pension is to terminate. If there be no widow of any such deceased
member, then a sum not exceeding six hundred dollars ($600.) per annum
shall be paid to the child or children of such member or officer until
such child or children arrive at the age of eighteen (18) years, when
such pension is to terminate as to each child. If there be no widow
or child or children under the age of eighteen (18) years, then a
sum not exceeding six hundred dollars ($600.) per annum shall be paid
to any dependent mother or father of such deceased member or officer,
in equal shares if both be dependent, for the support or maintenance
of such dependent mother or father, or both, as the case may be, for
a period of not more than one-half (1/2) of the number of years of
service to the credit of such deceased member or officer.
(4) To the widow of any member or officer, a sum not exceeding three
thousand dollars ($3,000.) per year unless she remarries, when such
pension is to terminate. If there be no widow, then a sum not exceeding
three thousand dollars ($3,000.) per annum shall be paid to the child
or children of such member or officer until such child or children
arrive at the age of eighteen (18) years, when such pension is to
terminate as to each child. If there be no widow or child or children
under the age of eighteen (18) years, then a sum not exceeding three
thousand dollars ($3,000.) per annum shall be paid to any dependent
mother or father of such deceased member or officer, in equal shares
if both be dependent for the support or maintenance of such dependent
mother or father, or both, as the case may be, for a period of not
more than one-half (1/2) of the number of years of service to the
credit of such member or officer.
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To the widow of such member or officer who shall have been retired
on a pension a sum not exceeding three thousand dollars ($3,000) per
annum during widowhood. If there be no such widow, then a sum not
exceeding three thousand dollars ($3,000.) per annum shall be paid
to the child or children of such member or officer until such child
or children arrive at the age of eighteen (18) years, when such pension
is to terminate as to each child. If there be no widow or child or
children under the age of eighteen (18) years, then a sum not exceeding
three thousand dollars ($3,000.) per annum shall be paid to any dependent
mother or father of such deceased member or officer, in equal shares
if both be dependent, for the support and maintenance of such dependent
mother or father, or both, as the case may be, for a period of not
more than one-half (1/2) of the number of years of service to the
credit of such deceased member or officer.
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(5) In the event that a member or officer of the Police Department, who
shall also have been a member of the Police Pension Fund of the city,
shall die before retirement and a pension is not paid by the Board
of Trustees pursuant to Subdivisions (3) and (4) of this section,
the amount of salary deductions, with interest at four per centum
(4%) per annum, made from the pay, salary or compensation of such
member pursuant to the provisions of Section 2, Subdivision (6), of
this Article, shall be paid by the Board of Trustees to the beneficiary
or beneficiaries as such member or officer shall have nominated by
written designation duly acknowledged and filed with such Board. Such
designation shall be made within thirty (30) days after July 1, 1940,
and may be changed from time to time by such member or officer upon
filing with the Board a new designation duly executed.
(5-a)
In the event that a member or officer of the Police Department,
who shall also have been a member of the Police Pension Fund of the
city, discontinues service, except by death or retirement, the amount
of salary deductions, with interest at two and one-half percent (2
1/2%) per annum, made from the pay, salary or compensation of such
member pursuant to the provisions of Section 2, Subdivision (6) of
this Article, shall be refunded and paid by the Board of Trustees
to such member or officer.
(6) Any widow receiving a pension pursuant to this Article shall between
January 2 and February 1 in each year file with the Commissioner of
Finance of the City of Yonkers an affidavit stating that there has
been no change in the marital status of said widow during the year
terminating on January 1, preceding the time of the filing of the
affidavit, and the Trustees of said fund shall have the power to suspend
all pension payments to any widow failing to file such affidavit until
such affidavit is filed.
[Amended 11-4-2008 by L.L. No. 10-2008]
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No pension shall be paid except from the Police Pension Fund,
nor shall a pension be paid to any other than members of said Department
whose salaries shall or shall have contributed to the maintenance
of the Police Pension Fund or their relatives or beneficiaries, as
specified in this section, nor shall a pension be awarded or granted
on account of physical or mental disability or disease, where the
disability or disease is caused by the culpable negligence or misconduct
of the disabled or diseased party.
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(7) Every person who knowingly or willfully in any wise procures the
making or presentation of any false or fraudulent affidavit or affirmation
concerning any claim for pension or payment thereof shall, in every
such case, forfeit a sum not exceeding two hundred fifty dollars ($250.)
to be used and recovered by and in the name of said Trustees of said
Police Pension Fund and when recovered paid over to and thereupon
become a part of said Police Pension Fund.
(8) For the purpose of this act, the Board of Trustees of said Police
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 under the provisions of this
act shall be guilty of perjury. The Commissioner of Finance is authorized
to require sworn proof of the beneficiary's identity before delivery
of any pension check hereunder.
[Amended 11-4-2008 by L.L. No. 10-2008]
(9) Moneys, securities and effects of said Police Pension Fund and all
pensions granted and payable from said fund shall be and are hereby
exempt from execution and from all process and proceedings to enjoin
and recover the same by or on behalf of any creditor or person having
or asserting any claim against or debt or liability of any provision
of said fund.
(10) The members of said Police Department whose salaries contribute to
said Police Pension Fund shall annually select two (2) of their members
and the pensioners shall annually select one (1) of their members;
and the persons so selected shall constitute an auditing committee
and shall audit the accounts and proceedings of the said Trustees
and make and file with the Clerk of the City of Yonkers a written
report.
(11)
Pension increase.
(a)
Notwithstanding any contrary provision contained in Part III,
Police Pension Fund, of the Supplemental Charter of the City of Yonkers,
the pensions of all retired members and officers of the Police Department
(excluding widows of members and officers) currently receiving pensions
pursuant to said Part III are hereby increased by applying the following
formula:
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The Commissioner of Finance shall compute ten percent (10%)
of the total amount of pensions paid to all retired members and officers
of the Police Department (excluding widows) during the fiscal year
1974-1975. The total number of such retired members and officers shall
be divided into the amount computed, and the pension of each such
member and officer shall be increased by the amount of such quotient. [Amended 11-4-2008 by L.L. No. 10-2008] |
(b)
On April 1 of each year, the Trustees of the Police Pension
Fund shall meet and shall review the amounts of the pensions paid
to all retired members and officers of the Police Department; and
by taking into consideration the rate of inflation, cost of living
index and other factors they deem relevant, the said Trustees shall
recommend to the City Council whether or not an increase in pension
should be granted, and, if so, in what amount. Any such recommended
increase shall take effect at the beginning of the next fiscal year.
(c)
On July 1, 1982, the annual pensions payable to all members
of the Police Pension Fund (excluding windows) shall be increased
by the amount of one thousand dollars ($1,000.). This increase shall
be paid in twelve (12) equal monthly installments.
[Amended 11-4-2008 by L.L. No. 10-2008]
Notwithstanding any inconsistent provision of this Article,
as amended, no member of the Police Department appointed on any day
between June 25, 1939, being the date upon which Local Law No. 1 of
the City of Yonkers for the year 1939 went into effect, and June 25,
1940, inclusive, and no member of the Police Department appointed
on any day subsequent to June 25, 1940, shall be a member of the Police
Pension Fund, or be required to pay any money, or part of any monthly
pay, salary or compensation to said pension fund, and no such member
of the Police Department, his or her surviving spouse, children, parents,
brothers or sisters, shall be entitled to receive, granted, or paid
any pension, allowance or money from said pension fund.
Notwithstanding the provisions of any general, special or local law, there is hereby granted to the widow or widower and members of the family of any member or officer of the Police Department of the City of Yonkers, appointed on and after June 26, 1939, the same pension as widows and members of the family of members or officers of the said Police Department appointed on or before June 25, 1939, are entitled to receive, as set forth in §§
C22-4(3) and
(4) of the Police Pension Fund of the City of Yonkers; provided, however, that all widows, widowers and members of the family of all members or officers of the Police Department of the City of Yonkers shall be subject to the provisions of §§
C22-4(6),
(7) and
(8) of the Police Pension Fund aforesaid.
