[HISTORY: Adopted by the Council of the City of Rye 1-21-1942 by L.L. No. 15-1942. Amendments noted where applicable.]
The Police Pension Fund of the City of Rye is hereby established to continue the Police Pension Fund of the Village of Rye, and the provisions for maintaining, governing and administering the same are hereby enacted.
Pursuant to the provisions of Chapter 746 of the Laws of 1960, the provisions of Section 70-a of the Retirement and Social Security Law, as last amended by Chapter 339 of the Laws of 1960, for the purpose of providing death benefits and pensions providing for increased take-home pay, are made applicable to the members of the Police Pension Fund of the City of Rye, effective for the payroll period commencing January 1, 1961.
[Added 12-21-1960 by L.L. No. 1-1960]
As used in this chapter, the following terms shall have the meanings indicated:
- ANNUAL SALARY OR COMPENSATION
- The full current annual salary or compensation payable to a member, as hereinafter defined, at the time of his death, disability, retirement or dismissal from the service.
- The City of Rye, New York.
- The Common Council of the City of Rye, New York.
- The police force of the Police Department of the City of Rye, New York.
- The Police Pension Fund of the City of Rye, New York.
- A member of the force who is also a member of the Police Pension Fund of the City of Rye, New York.
- POLICE DEPARTMENT
- The Police Department of the City of Rye, New York.
- TRUSTEE or TRUSTEES
- The Trustees of the Police Pension Fund of the City of Rye, New York.
- The Village of Rye, New York, as it existed prior to January 1, 1942.
The fund shall consist of the following:
The capital, interest, income, dividends, cash deposits, securities and credits in the Police Pension Fund of the Village on the date when this chapter takes effect.
All fines or forfeitures imposed by the Council from time to time upon or against any member or members.
All rewards, fees, gifts, testimonials and emoluments that may be presented, paid or given to any member on account of police services, except such as have been or shall be allowed by the Council to be retained.
All lost, abandoned, unclaimed or stolen money acquired by the Police Department of the Village on or before December 31, 1941, which shall have been in the possession of the Village and/or City Police Department for the space of one year after the date of such acquisition and for which there shall have been no lawful claimant; all moneys arising from the sale by the Police Department of unclaimed, abandoned, lost or stolen property acquired by the Village Police Department on or prior to December 31, 1941; and all moneys realized, derived or received from the sale of any condemned, unfit or unserviceable property which belonged to or came into the possession or under the control of the Village Police Department on or prior to said date.
All moneys, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any member on account of absence for any cause, lost time, sickness or other disability, physical or mental, to be paid monthly by the Comptroller to such fund.
A sum of money equal to but not greater than 5% of the monthly pay, salary or compensation of each member, which sum shall be deducted monthly by the Comptroller from the pay, salary or compensation of the members, and such Comptroller shall deduct such sum of money and pay the same to the fund at the time of payment of the balance to the members.
In case the amount derived from the different sources mentioned and included in this section shall not be sufficient at any time to pay in full the pensions which have been or which may hereafter be granted by the Trustees and/or by the Trustees of the Village Police Pension Fund, it shall be the duty of the Trustees, as hereinafter constituted each year at the time of making up the annual City budget, to prepare a full and detailed statement of the assets of such find and the amount which is required to pay in full all such pensions, and to present the same to the Council, together with a statement of the amount of money required to enable such Trustees to pay such pensions in full. The Council shall include annually in the budget and next annual tax levy of the City a sum sufficient to provide for such deficiency. As the same is required, the Comptroller shall pay the money so provided to the fund.
The said Trustees are authorized, empowered and entitled to take and hold as such Trustees any and all gifts or bequests which may be made to such fund or which may have been made to the Police Pension Fund of the Village of Rye prior to January 1, 1942.
The Mayor, the Chief of Police and a member of the Council to be appointed by the Mayor with the approval of the Council in January of each year, except the year 1942, shall constitute the Trustees of the fund. If the Mayor shall fail to appoint such Trustee, the Council shall do so at its first meeting in February. As soon as the third Trustee is appointed, the Trustees shall organize by choosing one of their number as Chairman. The City Clerk shall be Secretary of the fund and keep the minutes and other records of the Trustees. The Comptroller shall be the Treasurer of the fund and shall be the custodian of its assets and shall receive all additions thereto and make all payments or distributions therefrom. Before entering upon his duties, the Treasurer shall execute and file with the City Clerk a bond of a surety company authorized to do business in this state, in such form and amount as the Council may fix and determine and which shall be conditioned upon the faithful discharge of his duties as such Treasurer, and the premiums on which shall be payable by the fund. The Trustees and other officers of the fund shall serve without compensation for their duties as such. Unless otherwise provided, a majority vote of the Trustees shall be required for any action by them. For the year 1942 the appointment of the third Trustee of the fund shall be made at the first meeting of the Common Council after this chapter takes effect.
The Trustees shall have charge of and administer the fund and from time to time shall invest the same or any part thereof in bonds or other obligations of the United States or of the State of New York or any political subdivision of such state, as they may deem most beneficial to such fund, but any investments which have been made by the Trustees of the Village Police Pension Fund prior to the passage of this chapter, in securities other than those enumerated herein, may be retained by said Trustees. They are empowered to make all necessary contracts and take all necessary and proper actions and proceedings in connection therewith. They shall make payments of pensions from this fund, granted pursuant to this chapter, and also all pensions legally chargeable against the Police Pension Fund of the Village of Rye on December 31, 1941. No payments whatever shall be allowed or made by such Trustees from this fund as reward, gratuity or compensation to any person for salary or services rendered to or for such Trustees. Such Trustees may and they are authorized and empowered from time to time to establish such rules and regulations for the disposition, investment, preservation and administration of such fund as they may deem best; provided, however, that all acts on the part of said Trustees in relation to investments or placing of the funds shall be upon the unanimous vote of said Trustees. The Comptroller shall, in the month of December, make a report to the Council of the condition of the fund and its receipts and disbursements during each fiscal year, and the same shall be subject to the general audit of the City accounts as provided in § 135 of the Charter of the City of Rye, being Chapter 505 of the Laws of the State of New York for the year 1940.
If and when the fund is terminated by the payment of all legal claims against it, the Trustees, with the approval of the Common Council of the City, may draw upon or use the same for any City purpose authorized by law.
All members of the City police force who, on May 31, 1940, were members of the Police Pension Fund of the Village of Rye as constituted under Article 7 of the General Village Law, being Chapter 64 of the Laws of the State of New York for the year 1909, as amended, shall be members of this fund.
Upon the death, retirement or dismissal from the Police Department of any member thereof who shall be a member of this fund, the Trustees shall grant, unless the grant is hereinafter specifically made discretionary, annual pensions from the fund to such members who have become disabled, physically or mentally, or superannuated by age so as to be unfit for police duty, and to dependent parents or widows and children of such members, to be paid as follows:
To the dependent parent or parents or widow of any member who has been killed while in the actual performance of duty or has died from the effects of any injury received while in the actual discharge of such duty, a sum of not less than 1/2 of the annual salary of such member.
To the widow of any member who has died or who shall hereafter die after 10 years of service in the Police Department of the Village/City while a member of such force or who shall have died having retired upon a pension, if there be no child or children under 18 years of age of any such member, a sum of $2,841 plus the cost-of-living adjustment per year, beginning in the year 2012, per annum, but if there be such child or children of such member under the age aforesaid, then such sum may be divided between such widow, child or children in such proportions and in such manner as the Trustees may direct; provided, however, that if such widow did not become the lawful wedded wife of such member prior to the attainment of his 50th birthday and was not cohabiting with him at the time of his death, said pension shall be payable in the discretion of the Trustees of the fund. Any widow who shall qualify for this payment after January 1, 2012, shall be paid the sum of $2,841 plus the annual cost-of-living adjustments each year after January 1, 2012.
[Amended 8-21-1961 by L.L. No. 1-1961; 11-20-1974 by L.L. No. 2-1974; 10-21-1981 by L.L. No. 7-1981; 3-4-1987 by L.L. No. 2-1987; 12-15-1999 by L.L. No. 14-1999; 10-24-2012 by L.L. No. 6-2012]
To any child or children under 18 years of age of such member killed or dying as provided in Subsection A(1) hereof and leaving no widow, or, if such member left a widow, then after her death to such child or children being yet under 18 years of age, a sum not less than 1/2 the annual salary or compensation of such member.
To any member who, while in the actual performance of police duty and by reason of the performance of such duty and without fault or misconduct on his part, has become permanently disabled, physically or mentally, so as to be unfit to perform full police duty, a sum not less than 1/2 of the annual salary or compensation of such member. The right of such member to the continuation of such pension may be determined by a medical examination once each year during the first three years following his retirement. All medical examinations required shall be conducted by a medical board appointed by the Council; provided, however, that any member, within 30 days after receipt by him of a copy of the decision of such medical board, may request in writing that the decision of such board be reviewed by a special medical board which shall consist of one doctor of said medical board and a doctor selected and compensated by such member. The decision of such special board shall supersede the decision of the medical board. 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 the third member of the special board. The decision of a majority of three members of such special board shall supersede the decision of the medical board. The specialist selected by the two doctors of the special board shall be compensated by the City, and his compensation shall be fixed by the Council.
To any member who, after 10 years' and less than 25 years' membership in the Village and/or City police forces, has become superannuated by age, permanently insane or mentally incapacitated, or disabled physically or mentally, so as to be unfit or unable to perform full police duty by reason of such disability or disease contracted without misconduct on his part, a sum not to exceed 1/2 nor less than 1/4 of the annual salary or compensation of such member, as the Trustees may direct.
To any member who has reached the age of 60 years, has performed duty on the Village and/or City police force for a period of 20 years and upwards, against whom no charges are pending and who may personally make written application for retirement and dismissal, a sum not less than 1/2 his annual salary or compensation. In such case, the granting of the application for retirement and dismissal shall be discretionary with the Council, and if granted it shall fix an effective date thereof, not more than 30 days from the date of receipt of the application.
To any member who has reached the age of 60 years, has performed duty on the Village and/or City police force for a period of 20 years and upwards, who has been certified in writing by one or more physicians designated by the Council to be permanently disabled, physically or mentally, so as to be unfit for duty and against whom no charges are pending, a sum not less than 1/2 of his annual salary or compensation. In such case, the Council shall retire and dismiss the member from the force and fix the effective date thereof, not more than 30 days from the date of receipt of the physician's certificate.
To any member who shall have performed duty on the Village and/or City police force for a period of 25 years and upwards, who may personally apply in writing for retirement, provided no charges are pending against him, a sum not less than 1/2 of his annual salary or compensation. In such case, the Council must grant the application of the member and he shall thereupon be placed upon the pension roll of the fund.
To any member who is an honorably discharged soldier or sailor from the army or navy of the United States and who served in the World War, who shall have reached the age of 60 years, or to any such soldier or sailor member who has performed duty on the Village and/or City police force for a period of 20 years, upon his own application in writing, provided there are no charges pending against him, a sum not less than 1/2 of his annual salary or compensation. In such case, the Council must grant the application of the member, and he shall thereupon be placed upon the pension roll of the fund.
To any member who has reached the age of 60 years, whom the Council may relieve or dismiss from the service, such sum as the Council may determine; but no member shall be eligible to participate in the fund until he has served 10 years as a member of the police force of the Village and/or City of Rye, except in cases arising under Subsection A(4) of this section.
Credit for military service, withdrawals from funds. In determining the term of service of any member of the Police Pension Fund of the City of Rye for the purpose of ascertaining his eligibility for pension, any person who performed service in World War II shall be entitled to credit for the period so served and shall be entitled to receive, upon his application to the Board of Trustees of the Police Pension Fund at any time, a certificate setting forth the allowance for World War II service credit to which he is shown to be entitled. For the purpose of this subsection, service in World War II shall be deemed to be military service during the period commencing July 1, 1940, and terminating December 31, 1946 as a member of the Armed Forces of the United States of any person who has been honorably discharged or released therefrom under honorable circumstances and has returned to employment on the police force within one year following his discharge or release or completion of advanced education provided under the Servicemen's Readjustment Act of 1944. Such service shall not include any period during which civil compensation was received by the member under the provisions of Section 245 of the Military Law. Contributions heretofore paid by any member in order to receive credit for service in World War II as herein defined shall be treated as excess contributions and the total of such contributions may be withdrawn by the member at any time prior to retirement, without interest, upon his application in writing to the Trustees of the Police Pension Fund.
[Added 11-1-1950 by L.L. No. 3-1950]
Members shall be granted, awarded or paid a pension on account of physical or mental disability or disease, only if a certificate of a competent physician or surgeon who shall have been assigned by the Council shall be filed with the Trustees. Such certificate shall set forth the cause, nature and extent of the disability, disease or injury of such member and shall distinctly state whether or not such disability, disease or injury was incurred or sustained by said member while in the performance of police duty, and such certificate shall in each case be filed with and entered upon the minutes of the Trustees.
All pensions granted under this local chapter shall accrue and be paid from the date of death, disability, relief or dismissal from service or retirement, as the case may be. They shall be paid in equal semimonthly installments, each 1/24 in amount of the sum allowed as the annual pension.
The moneys, securities and effects of the fund and all pensions granted and payable from such 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 person having or asserting any claims against or debt or liability of any pensioner of such fund.
Every person who knowingly or willfully in anywise 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 $250, to be used for and recovered by and in the name of the Trustees, which when recovered shall be paid to and thereupon become a part of such fund. Any person who shall willfully swear falsely in any oath or affirmation in obtaining or procuring any pension or payment thereof under the provisions of this chapter shall be guilty of perjury.
A pension to a widow shall terminate when the widow shall remarry, and pensions to children shall terminate whenever the children shall respectively marry or arrive at the age of 18 years. Pensions granted under this chapter shall not be revoked, repealed or diminished, except that upon recommendation of the Council, the Trustees in their discretion may order any pension or any part thereof, granted pursuant to § 31-7A(6), (7) and (8) hereof, to cease or be diminished. In all such cases, the Council shall file a written statement of the causes for ordering any pension so to cease or to be diminished with the records of the fund.
A member who shall have been retired under the provisions of § 31-7 hereof, on account of physical disability, upon his written application therefor, may be reinstated by the Council as an active member of the police force with the same rank and rating which he had upon his retirement if, upon satisfactory proof presented to the Council, it shall determine that such disability has been removed and that the applicant is physically fit for duty in such position and rank. The applicant, if reinstated, shall file with the Council his release, duly executed and acknowledged, or the right or claim to any pension in the period during which he shall serve under such reinstatement.
Should a member discontinue service in the Police Department except by death, retirement or dismissal, he shall be paid the amount of the deductions, without interest, made from his pay, salary or compensation pursuant to § 31-3A(6) hereof.
In the event that a member shall die before retirement and a pension is not paid to his widow, child or dependents by the Trustees pursuant to the provisions of this chapter, the amount of the deductions, without interest, made from the pay, salary or compensation of such member pursuant to § 31-3A(6) hereof, shall be paid by such Trustees to the beneficiary or beneficiaries whom such member shall have nominated by written designation duly acknowledged and filed with the trustees. Such designation shall be made within 30 days after this chapter shall take effect, and may be changed from time to time by such member upon filing with the Trustees a new designation duly acknowledged.