[HISTORY: Adopted by the Council of the City of Mount Vernon 4-24-1940 by L.L. No.
2-1940, approved 5-7-1940. Amendments noted where applicable.]
As used in this chapter, the following terms shall mean and
include:
The annual salary as fixed and determined annually for officers
and members of the Police and Fire Departments by resolution of the
Board of Estimate and Contract of the City of Mount Vernon, but not
including the cost-of-living adjustment compensation fixed therein.
No part of said cost-of-living adjustment compensation shall be regarded
as part of the basic annual salary, and such cost-of-living adjustment
compensation shall not be deemed to change or increase the basic annual
salary of any member of this fund.
[Added 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; amended 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952]
The Board of Trustees hereinafter provided for in § 56-3.
The City of Mount Vernon.
The Commissioner of Public Safety and the Fire Commissioner.
The highest average basic annual salary, including the cost-of-living
adjustment compensation, earned by a member during any five consecutive
years of service.
[Added 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
The pension fund for the paid officers and members of the
uniformed force of the Fire Department of the City of Mount Vernon
existing prior to the time when this chapter shall take effect, pursuant
to Chapter 432 of the Laws of 1914, as amended by Local Law No. 2
for the year 1932.
The police force and the uniformed force of the paid Fire
Department of the City.
A person who was a member of the police force in the Department
of Public Safety or a paid officer or paid member or a probationary
paid member of the uniformed force of the Fire Department of the City
of Mount Vernon at the time when this chapter shall take effect.
Except where otherwise specifically designated, the Mount
Vernon Police and Paid Firemen's Pension Fund.
The Police Pension Fund for the police force of the City of Mount Vernon existing prior to the time when this chapter shall take effect, pursuant to Chapter 375 of the Laws of 1902, as amended by Chapter 81 of the Laws of 1919, Local Law No. 3 for the year 1928, Local Law No. 3 for the year 1930, Local Law No. 3 for the year 1932 and Local Law No. 1 for the year 1935.
Surviving spouse married to a member prior to and at the
time of his retirement on a pension or at the time of death while
in active service in either of said departments.
The Police Pension Fund for the police force of the City existing
pursuant to Chapter 375 of the Laws of 1902, as amended, and the pension
fund for the paid officers and members of the Fire Department of the
City existing pursuant to Chapter 432 of the Laws of 1914, as amended,
are hereby consolidated into one pension fund to be known as "Mount
Vernon Police and Paid Firemen's Pension Fund." The said Police
Pension Fund and pension fund for the paid officers and members of
the Fire Department of the City are continued as herein consolidated
and provided for in this chapter.
A.
The
pension fund shall be controlled and administered by a Board of Trustees,
which shall, subject to the provisions of law, establish rules and
regulations for the administration and transaction of the business
of such fund and for the control and disposition thereof. Such Board
shall consist of:
(1)
The Mayor, who shall be the Chairman of the Board, with a vote thereon.
(2)
The Comptroller, who shall be the Treasurer of the fund.
(3)
A member of the police force of the City chosen from the members
of the pension fund by the members of such fund in the police force.
At such time when there is no member of the police force who is a
member of the pension fund, this Trustee shall be the Commissioner
of Public Safety.
(4)
A paid fireman in the Fire Department of the City designated from
the members of the pension fund by the members of such fund in the
Fire Department. At such time when there is no paid fireman in the
Fire Department who is a member of the pension fund, this Trustee
shall be the Fire Commissioner.
(5)
A citizen of the City appointed by the City Council of the City for
a period of five years and who shall serve without compensation.
B.
The
foregoing Board of Trustees shall be the successor to the respective
Trustees and Board of Trustees of the Police Pension Fund and the
Firemen's Pension Fund merged into the pension fund under this
chapter.
C.
Every
act of the Board of Trustees shall be by resolution which shall be
adopted by at least a majority vote of all the members of the Board,
except that all acts on the part of the Board of Trustees in relation
to the investment of funds shall be upon the unanimous vote of the
members of the Board present.
D.
The
Board of Trustees shall receive all moneys applicable to the pension
fund and deposit the same to the credit of such fund in banks or trust
companies to be selected by it and continue to receive and deposit
the funds applicable to the same, as received, to the credit of such
fund and to invest the same only in such investments as savings banks
are authorized by the laws of the State of New York to make, except
as hereinafter provided, as such Board of Trustees may deem most advantageous
for the object of such fund, and such Board of Trustees shall have
the power to make all necessary contracts and to take all necessary
remedies and proceedings in the premises. The Board of Trustees is
empowered to make payment from such fund, or otherwise, as hereinafter
provided, of pensions granted in pursuance of this chapter. Investments
in bonds and mortgages, except those which the Federal Housing Administration
has insured or has made a commitment to insure, shall be limited to
loans not in excess of $20,000 each, secured by mortgages on improved,
unencumbered real property in Westchester County used for nontransient
residential purposes. If the purpose of any such loan is to purchase
improved real property, the amount of such loan shall not exceed 75%
of the appraised value or the purchase price being paid, whichever
is less; if the purpose of any such loan is refinancing of improved
real property, the amount of such loan shall not exceed 75% of the
appraised value or the last purchase price paid, whichever is less.
The lien of the mortgage held by the pension fund on any such loan
shall be superior to all other interests in the real property except
taxes and assessments duly levied against the property. No investment
shall be made in loans secured by mortgage on real estate when the
total amount of such investments held by the pension fund exceeds,
or by the making of such investment will exceed, 50% of the assets
of the fund.
[Amended 11-12-1959 by L.L. No. 3-1959, approved 12-4-1959; 7-28-1965 by L.L. No.
3-1965, approved 8-11-1965]
E.
No
payment whatever shall be allowed to be made by the Board of Trustees
as reward, gratuity or compensation to any person or persons for salary
or service rendered to or for said Board, except payment for legal,
appraisal, clerical and auditing services. The Board shall have power
to incur other expenses than rewards, gratuities or compensation,
as aforesaid, necessary to the administration of the fund.
F.
On
or before the first day of February of each year, the Board of Trustees
shall make a detailed verified report to the City Council and Board
of Estimate and Contract of the City of the condition of the pension
fund, how invested and the items, and the disbursements of and an
account of the same. Said report shall include a full and detailed
statement of the actual income of the pension fund for the preceding
calendar year.
G.
The
First Deputy Comptroller shall be Secretary to the Board of Trustees.
[Added by L.L. No. 1-1960, approved 5-9-1960]
The pension fund shall consist of the following:
A.
The
capital, interest, income, dividends, cash deposits, securities and
credits in the Police Pension Fund and the Firemen's Pension
Fund at the time when this chapter shall take effect.
B.
A
sum of money equal to 6% of the semimonthly proportion of the highest
basic annual salary and cost-of-living adjustment compensation of
each member of the police force and paid officer and paid member or
probationary paid member of the uniformed force of the Fire Department
entitled to membership in the pension fund, which sum shall be deducted
semimonthly by the Comptroller from the basic annual salary and cost-of-living
adjustment compensation of each such member and forthwith paid to
the Board of Trustees of the pension fund. Every member shall be deemed
to consent and agree to such deductions and shall receipt in full
for his basic annual salary and cost-of-living adjustment compensation,
and payment less such deductions shall be full and complete discharge
and acquittance of all claims and demands whatsoever for the services
rendered by such member during the period covered by such payment,
except his claim to the benefits to which he may be entitled under
the provisions of this chapter.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952]
C.
Such
sum or sums as the Board of Estimate and Contract shall determine
annually or more often to be necessary for the proper maintenance
and operation of the Police and Paid Firemen's Pension Fund shall
be appropriated by the City of Mount Vernon and included in the annual
estimate and in the annual general tax levy, and the Comptroller shall
pay over the moneys so appropriated each year to the Board of Trustees
of the pension fund.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-52, 2-10-1954 by L.L. No. 1-1954, approved 3-27-1954; 12-17-1960 by L.L. No. 17-1960, approved 12-30-1960]
D.
All
rewards in money, fees, gifts, testimonials and emoluments that may
be paid or given for extraordinary services by any members, except
such as have been or shall be allowed by the Commissioner to be retained
by such member or members and such as have been or shall be given
to endow a medal or other permanent or competitive reward.
E.
All
gifts, grants, devises or bequests to such fund of any money, real
or personal property, right of property or other valuable thing.
F.
If
the amount of the actual income of the fund received from investments
shall not equal 3% of the moneys invested, the City shall provide
a sum equal to but not greater than the difference between the amount
which would have been received during such year had the moneys invested
earned an income of 3% and the actual income received. Such difference
shall be determined annually at the close of each fiscal year and
certified by the Board of Trustees to the Board of Estimate and Contract
and the City Council of the City and shall be included in the following
annual estimate and tax levy after such certification, and the Comptroller
shall pay over the moneys so appropriated to the Board of Trustees
of the pension fund.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 12-17-1960 by L.L. No.
17-1960, approved 12-30-1960]
G.
In addition to all other payments, commencing January 1, 1966, the City of Mount Vernon shall pay a sum of money equal to 6% of the basic annual salary of each member of the police force and paid officer or paid member of the uniformed firemen of the Fire Department entitled to membership in the pension fund, which sum shall be paid by the Comptroller to the Board of Trustees of the pension fund in the same manner as other payments are made by the City, and the payments required to be made under § 56-4B shall be reduced accordingly.
[Added 12-17-1960 by L.L. No. 18-1960, approved 12-30-1960; amended 4-20-1966 by L.L. No.
1-1966, approved 5-4-1966]
[Amended 12-17-1960 by L.L. No. 18-1960, approved 12-30-1960]
The liability of the City to contribute to the pension fund and for the payment of any benefits thereunder shall be confined to such sums as are hereinabove provided for in § 56-4C, F and G of the preceding section, and the City shall not be liable beyond said sums. Nothing in this chapter contained shall be construed as in any manner binding or holding the City for any pension or other moneys payable from the pension fund beyond the amounts hereinabove provided in said § 56-4C, F and G.
No member of the police force or paid Fire Department of the
City appointed after this chapter shall take effect, except probationary
members who shall have been appointed for the probationary period
prior to the time when this chapter shall take effect, shall be or
become a member of any pension system of the City or shall be required
to pay any money or part of any salary or compensation to a City pension
fund, and no such person, his widow, children or dependents shall
be entitled to receive or be granted or paid any pensions, annuity,
allowance or moneys from such pension fund.
A.
Upon
the recommendation in writing of the Commissioner, the Board of Trustees
shall retire any member who, upon an examination as provided hereinafter
in this section, may be found to be disqualified, physically or mentally,
for the performance of his duties. Such member so retired shall receive
from said pension fund an annual allowance or pension as provided
in this section. In every case such Board shall determine the circumstances
thereof, and such pension or allowance so allowed is to be in lieu
of any salary received by such member at the time of his being so
retired. The Department or the City shall not be liable for the payment
of any claim or demand for services thereafter rendered, and the amount
of such pension or allowance shall be determined upon the following
conditions:
(1)
In case of total permanent disability at any time caused in or induced
by the actual performance of the duties of his position, the amount
of annual pension to be allowed shall be 3/4 of the final average
compensation received by such member during his service as a member
of the Police or Fire Department of the City.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952; 1-11-1961 by L.L. No. 1-1961, approved 1-25-1961]
(2)
In case of partial permanent disability at any time caused in or
induced by the actual performance of the duties of his position which
disqualifies him only from performing active duty in the force, the
member so disabled may be relieved by the Commissioner from active
service and assigned to the performance of such light duties as the
Police Surgeon in the case of the members of the police force, or
a medical officer ordered by the Fire Commissioner in the case of
a member of the uniformed force of the paid Fire Department, may certify
him to be qualified to perform, or he shall be retired by the Board
of Trustees upon the written recommendation of the Commissioner at
3/4 of his final average compensation received by him during his service
in the Police or Fire Department, on a medical examination showing
that his disability is permanent.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952; 1-11-1961 by L.L. No. 1-1961, approved 1-25-1961]
(3)
In case of total permanent disability not caused in or induced by
the actual performance of the duties of his position which shall occur
after the expiration of five years' service but prior to the
expiration of 10 years' service in such Department, the amount
of the annual pension to be allowed shall be 1/3 of the final average
compensation received by such member during his service in the Department
but not less than $2,000 per annum. In case such total permanent disability
shall occur after the expiration of 10 years' service in such
Department, the amount of the annual pension to be allowed shall be
1/2 of the final average compensation received by such member during
his service in the Department but not less than $2,000 per annum.
[Amended 9-23-1942 by L.L. No. 4-1942, approved 10-7-1942; 6-14-1950 by L.L. No.
2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952; 9-25-1963 by L.L. No.
3-1963, approved 10-9-1963]
(4)
In case of partial permanent disability not caused in or induced
by the actual performance of the duties of his position which may
occur after five years' service in such Department, the member
so disabled may be relieved by the Commissioner from active service
but shall remain a member of the force subject to the rules governing
such force and be assigned to the performance of such duties as the
Police Surgeon in the case of police officers, or the medical officer
ordered by the Fire Commissioner in the case of paid officers or paid
firemen, may certify him to be qualified to perform, or if such member
be retired by the Board of Trustees after the expiration of five years'
service but prior to the expiration of 10 years' service in such
Department, the amount of annual pension to be paid to such member
shall be 1/3 of the final average compensation received by such member
during his service in the Department. If such member is retired by
the Board of Trustees after the expiration of 10 years' service
in such Department, the annual pension to be paid to such member shall
be 1/2 of the final average compensation received by such member during
his service in the Department.
[Amended 9-23-1942 by L.L. No. 4-1942, approved 10-7-1942; 6-14-1950 by L.L. No.
2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
(5)
No member shall receive or draw any benefit for total or partial
permanent disability not caused in or induced by the actual performance
of the duties of his position which may occur before the expiration
of five years' service in the Department.
B.
Notwithstanding
any other provision of this chapter, it shall be compulsory for a
member to retire upon reaching the age of 65 years.
C.
Any
member who shall have performed service in the police force or as
a paid officer or paid member of the uniformed force of the Fire Department
of the City for at least 25 years, upon his own application in writing,
shall be, or upon the written recommendation of the Commissioner,
may be, retired from such force and service and be placed on the roll
of the pension fund and awarded and granted, to be paid from such
fund, an annual pension during his lifetime of an amount equal to
1/2 his annual compensation earnable upon the date of his retirement
but not less than $2,250 per annum. Said minimum sum of $2,250 shall
be payable to those members who have already retired or who shall
hereafter retire.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952; 9-25-1963 by L.L. No. 3-1963, approved 10-9-1963; 8-10-1966 by L.L. No.
3-1966, approved 8-23-1966; 12-14-1966 by L.L. No. 7-1966, approved 12-30-1966]
D.
All
medical examinations required by or made pursuant to the provisions
of this chapter shall be conducted by the Police Surgeon in connection
with members of the police force, and by a medical examiner ordered
by the Fire Commissioner in connection with paid officers and paid
members of the uniformed force of the Fire Department, who are members
of the pension fund; provided, however, that any member, within 30
days after receipt of the decision of such Police Surgeon or medical
examiner, as the case may be, may request in writing that the decision
of such Police Surgeon or medical examiner be reviewed by a special
medical board which shall consist of such Surgeon or medical examiner
and a doctor selected and compensated by such member. The decision
of such special board shall supersede the decision of such Police
Surgeon or medical examiner. 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 be final and conclusive as to
the matters involved in such examination. The specialist selected
by the two doctors of the special board shall be compensated by the
City. Such compensation shall be fixed by the Board of Estimate and
Contract.
E.
The Board of Trustees shall have the power to grant, award or pay a pension on account of physical or mental disability or disease, only upon a certificate of the surgeon or medical officer, as the case may be, after examination as provided in Subsection D of this section. Such certificate shall set forth the cause, nature and extent of the disability, disease or injury of such member.
F.
Every member hereafter retired on a pension under and pursuant to this section shall submit to examination by the Police Surgeon in the case of police officers, or the medical officer in the case of paid officers or paid firemen of the uniformed force, from time to time whenever required to do so by the Board of Trustees. If said Police Surgeon or medical examiner, as the case may be, shall certify to the Board that the member's disability has ended and that such member is again able to perform active service, the member's pension shall, as soon thereafter as there is a vacant position on the force of the kind held by such member at the time of his retirement, cease or be suspended, as the Board of Trustees may by resolution determine; and the said member shall thereupon be restored to active duty by order of the Commissioner, with the same force and effect as if such member had never been pensioned or certified for disability. The provisions of Subsection D of this section shall also apply to such case hereinabove provided in this subsection.
G.
No
pension shall be awarded or granted on account of the physical or
mental disability or disease when disability or disease is caused
by the culpable negligence or misconduct of the disabled or diseased
member.
H.
The
granting of a pension on severance from service for fault or delinquency
shall not be a matter of right, but a pension may be granted in consideration
of special circumstances by the Board of Trustees and a vote of at
least 2/3 of all the members of such Board. No member who shall otherwise
be entitled to retirement and the granting of a pension shall be entitled
to a pension as a matter of right if such retirement is applied for
during the pendency of charges brought against such member while performing
active service in the force for fault or delinquency.
I.
The
terms "total permanent disability" and "partial permanent disability,"
as used in this section, may be defined in the rules and regulations
of the Board of Trustees.
J.
Except as otherwise provided, the pensions granted under this section shall be for the life of the pensioner and shall not be revoked, repealed or diminished. Except as otherwise expressly provided herein, in no event shall any pension allowed or granted under this chapter exceed an amount equal to 1/2 the annual compensation earnable upon the date of retirement plus an additional pension of 1/60 of his or her final compensation as additional retirement benefits for each year of additional service only as provided for in Subsection N of this section.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952; 1-11-1961 by L.L. No. 2-1961, approved 1-25-1961; 12-14-1966 by L.L. No.
7-1966, approved 12-30-1966]
K.
In
computing the 25 or more years of service of a member, full credit
shall be given and full allowance shall be made for service of such
member for the period he served as a member of the Armed Forces of
the United States within the period commencing July 1, 1940, and terminating
December 31, 1946, if such member has been honorably discharged or
released under honorable circumstances and who was at the time of
his entrance into the Armed Forces of the United States a member of
his pension fund. Contributions heretofore paid by any such member
into this pension fund in order to receive credit for service in World
War II for the period aforestated shall be treated as excess contributions,
and such contributions may be withdrawn by a member at any time prior
to retirement.
[Added 11-26-1947 by L.L. No. 4-1947, approved 12-8-1947]
L.
Any
member resigning or being dismissed for any reason whatsoever before
being eligible to receive a pension hereunder shall have all moneys,
without interest, contributed by such member to the pension fund returned
to him.
[Added 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950]
M.
Any
member dying before being eligible to receive a pension hereunder
and having no dependent widow, father, mother, child, brother or sister
shall have all moneys, without interest, contributed by such member
to the pension fund returned to his estate.
[Added 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950]
N.
Final
compensation.
[Added 1-11-1961 by L.L. No. 2-1961, approved 1-25-1961]
(1)
FINAL COMPENSATION
MINIMUM PERIOD
As used in this section, the following terms shall have the meanings
indicated:
The highest average annual compensation earned during any
three consecutive years for services as a member of the police force
or a paid member of the uniformed force of the Fire Department of
the City of Mount Vernon.
[Amended 12-23-1975 by L.L. No. 1-1976, approved 1-5-1976]
A period of 25 years as prescribed by Subsection C of this section.
(2)
Notwithstanding any other provisions herein and in lieu of any lesser
amount provided herein, effective March 24, 1960, in the event that
a member of the police force or a paid officer or paid member of the
uniformed force of the Fire Department of the City of Mount Vernon
has served as such for his minimum period and thereafter continues
in such service upon his subsequent retirement, there shall be added
to the amount of the annual pension or retirement allowance to which
a member of the police force or a paid officer or paid member of the
uniformed force of the Fire Department was entitled upon completion
of such minimum period an additional amount computed at the rate of
1/60 of such policeman's or fireman's final compensation
for each year of such additional service.
A.
The
Board of Trustees of the pension fund shall grant pensions out of
said pension fund as follows:
(1)
To the widow, if any, or other dependent of any member of the force
killed while in the actual performance of police or fire duty, as
the case may be, and by reason of the performance of such duty, without
fault or misconduct on his part, or who shall have died from the effect
of injuries received in the actual discharge of such duty, a sum equal
to 1/2 of the final average compensation received by such member during
his service as a member of the Police or Fire Department of the City.
If there be also any child or children of such member under the age
of 16 years, then the said sum may be divided between said widow and
child or children or other dependent in such proportions and in such
manner as the said Board of Trustees may determine, the granting or
refusing of any pensions under this subsection to any person other
than the dependent widow, father, mother, child, brother or sister
to rest entirely in the discretion of the Board of Trustees.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952]
(2)
To any child or children under 16 years of age of such member killed
or dying as aforesaid in the performance of duty but leaving no widow,
a sum equal to 1/2 of the final average compensation received by such
member during his service as a member of the Police or Fire Department
of the City, which shall be apportioned among several children, if
there be more than one, as determined by the Board of Trustees of
the pension fund.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No.
1-1952, approved 6-16-1952[1]]
[1]
Editor's Note: L.L. No. 1-1952, adopted 5-28-1952 and
approved 6-16-1952, as amended by L.L. No. 2-1952, adopted 9-10-1952
and approved 9-25-1952, stated that the benefits provided in the preceding
sections of the local law should be applicable to any member who had
retired subsequent to January 1, 1952, and who had made or thereafter
made the necessary contributions to said fund, but should not be applicable
to any member in retirement from service on a pension or retirement
allowance prior to January 1, 1952.
(3)
To the widow of any member of the force who shall die of natural
causes after five years on said force or who shall have been retired
on a pension, if there be no child or children of any such member
under 16 years of age, effective January 1, 1962, a sum not exceeding
$900 per annum, and effective January 1, 1963, a sum not exceeding
$1,200 per annum; for the year 1971, a supplemental allowance of $300
payable as soon as practicable, and effective January 1, 1972, and
thereafter, a sum not exceeding $1,800 per annum, and effective January
1, 1973, and thereafter, a monthly sum computed at a rate not exceeding
$2,400 per annum, but if there be any child of such member under the
age aforesaid, then the said sum may be divided between such widow
and child or children in such proportions and in such manner as the
Board of Trustees may determine.
[Amended 10-11-1961 by L.L. No. 55-1961, approved 10-26-1961; 7-1-1971 by L.L. No. 7-1971, approved 7-13-1971; 1-12-1972 by L.L. No. 2-1972, approved 1-27-1972; 12-27-1972 by L.L. No. 1-1973, approved 1-12-1973]
(4)
To the person depending for support on such member dying of natural
causes as aforesaid, leaving no widow or child, a sum to be paid in
such manner as the Board of Trustees may direct, not to exceed an
aggregate of $600 per annum to all such dependents of any member dying
as aforesaid.
B.
Pensions
to widows shall terminate upon the death or remarriage of the widow,
and pensions to children shall terminate when each shall respectively
arrive at the age of 16 years or upon the death or marriage of the
child; pensions to dependent parents shall terminate at death. If
such payment to the widow of such member shall cease by reason of
her death or remarriage, the said Board shall make payment to the
child or children or dependent parent or parents of such member, if
any, as though he had died without leaving a widow surviving him.
All pensions and allowances payable out of the pension fund
pursuant to the provisions of this chapter shall be paid in equal
monthly installments, each 1/12 in amount of the sum allowed as the
annual pension or allowance or in ratably smaller amounts when the
benefit begins after the first day of the month or ends before the
last day of the month.
[Added 5-24-1961 by L.L. No. 53-1961, approved 6-6-1961]
A member may authorize the Trustees to pay premiums on his City
health insurance coverage by delivering to the Secretary of the Board
of Trustees, in person or by mail, a notice of election in writing,
on a form to be furnished by the Comptroller, authorizing the Trustees
to make monthly deductions from such member's retirement allowance
of the amount required to pay his premium for City health insurance
coverage.
Nothing herein contained shall be construed to deprive any person
of any accrued right to benefits in the Police Pension Fund or the
Firemen's Pension Fund existing immediately prior to the date
on which this chapter takes effect, and any such right shall be allowed
in accordance with the provisions of law then in force.
Any assets of the pension fund remaining after all pensions,
benefits and other liabilities of the fund, as provided under this
chapter, shall have been paid and discharged, shall thereupon become
the property of the City and shall be turned over to the City Comptroller
for payment into the City treasury.
A.
For the purpose of this chapter, the Board of Trustees of the 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 payments thereof under the
provisions of this chapter shall be guilty of perjury.
B.
Every person who knowingly or willfully procures the taking or presentation
of any false affidavit or affirmation concerning any claim for pension
thereof shall in every such case forfeit a sum not exceeding $250,
to be sued for and recovered by and in the name of the Board of Trustees.
The amount so recovered, exclusive of costs, shall be paid over and
become a part of the pension fund.
C.
The moneys, securities and effects of the 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 creditor or any person having
or asserting any claim against or debt or liability of any pensioner
of said fund.
Any person who shall knowingly make any false statement or who
shall falsify or permit to be falsified any record or records of this
pension fund shall be guilty of a misdemeanor. Should any change or
error of records result in any member or beneficiary receiving from
the pension fund more or less than he would have been entitled to
receive otherwise, on the discovery of any such error such Board shall
correct such error and, as far as practicable, shall adjust future
payments in such a manner that the equivalent of the benefit to which
he was entitled shall be paid.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
Nothing contained in this chapter is intended or shall be construed
as creating any officers' or employees' retirement system.
A.
Where any bond or undertaking has been given to or in favor of the
people of the State of New York, the City, the Police Pension Fund
or the Firemen's Pension Fund, such bond and undertaking shall
not in any manner be impaired but shall continue in full force until
the Board of Trustees of the pension fund as defined in this chapter
shall have adopted rules and regulations with respect to the furnishing
of such bonds and undertakings, and the powers of the Trustees of
the Police Pension Fund and the Board of Trustees of the Firemen's
Pension Fund shall hereafter be exercised and discharged by the Board
of Trustees of the pension fund as defined in this chapter.
B.
Where any contract has been entered into by the Trustees of the Police
Pension Fund or Board of Trustees of the Firemen's Pension Fund
prior to the time of taking effect of this chapter, such contracts
shall not in any manner be impaired but shall continue in full force,
and the powers conferred and the duties imposed with reference to
the same upon such Trustees and Board of Trustees shall hereafter
be exercised and discharged by the Board of Trustees of the pension
fund as defined in this chapter.
Chapter 375 of the Laws of 1902, entitled "An Act to Provide for a Police Pension Fund for the Police Force of the City of Mount Vernon," as amended by Chapter 81 of the Laws of 1919, by Local Laws No. 3 for the year 1928, No. 3 for the year 1930, No. 3 for the year 1932 and No. 1 for the year 1935, and Chapter 432 of the Laws of 1914, entitled "An Act to Establish a Pension Fund for the Paid Officers and Members of the Fire Department of the City of Mount Vernon," as amended by Local Law No. 2 of 1932, and all parts thereof, insofar as inconsistent with the provisions of this chapter, are hereby repealed.
This chapter shall take effect 45 days after its adoption, pursuant
to the provisions of the City Home Rule Law.
