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.
CITY
The City of Rye, New York.
COUNCIL
The Common Council of the City of Rye, New York.
FORCE
The police force of the Police Department of the City of
Rye, New York.
FUND
The Police Pension Fund of the City of Rye, New York.
MEMBER
A member of the force who is also a member of the Police
Pension Fund of the City of Rye, New York.
VILLAGE
The Village of Rye, New York, as it existed 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.
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.
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.