[HISTORY: Adopted by the Common Council of the City of Amsterdam:
Art. I, 6-28-1940; Art. II, 6-28-1940.
Amendments noted where applicable.]
[Adopted 6-28-1940]
Unless otherwise specified in this article, the words and terms herein
mentioned shall be construed and defined as follows:
Includes the Board of Trustees of the Firemen's Pension Fund
hereby established.
Includes the Chief, Assistant Chief and the men under them as firemen,
and the Superintendent and the Assistant Superintendent of fire alarm telegraph.
Includes the Firemen's Pension Fund hereby established.
[Amended 11-1-1960]
There shall be continued in and for the City of Amsterdam a Firemen's
Pension Fund, which shall consist of:
A.
All securities, moneys and properties which, upon the
passage of this article, are in the possession of the City Treasurer, belonging
to the Firemen's Relief and Pension Fund established by ordinance of
the City of Amsterdam, October 21, 1913.
B.
All moneys hereafter realized, derived or received from
the tax on foreign insurance companies or agents thereof doing business in
the City of Amsterdam, except the amount thereof payable to the Firemen's
Association of the State of New York.
C.
All fines, penalties and forfeitures that from time to
time may be collected from any officer or member or other employee of the
Fire Department of the city by way of discipline, collectible from pay or
salary, and all compensation or salary that may be deducted or withheld from
any officer or member or other employee for or on account of absence from
duty.
D.
All rewards in money, fees, gifts, testimonials and emoluments
that may be given or paid because of extraordinary services rendered by an
officer, member or other employee of such Fire Department.
E.
The Common Council may, by ordinance, authorize and direct
the payment into said Fund of penalties recovered for violation of any ordinance
of the city, and the moneys so paid shall be used for the purposes for which
said Fund is hereby created.
F.
Any and all other sums provided by law.
In case the revenue received from the sources mentioned in § 45-2 of this article is insufficient to meet the demands upon the pension Fund pursuant to the provisions of this article, the Common Council of the City of Amsterdam shall each year appropriate and pay into said Fund such sum or sums as may be necessary to meet such deficiency or deficiencies.
A.
The Mayor, Treasurer of the city, Fire Chief and three
members or officers of the Fire Department (to be elected annually in the
month of December by said Department) and their successors in office shall
constitute the Board of Trustees of said Fund. The Mayor shall be Chairman,
the Treasurer of the city shall be Treasurer and one of the Trustees elected
by the Fire Department shall be selected by said Board as Secretary thereof,
and each member and officer of the Board of Trustees shall serve without compensation.
Said Board of Trustees shall have the exclusive control, management and distribution
of said Fund, and the Treasurer of the city shall be the custodian thereof.
Said funds shall be kept by the Treasurer of the city, separate and apart
from any other Fund under his custody, and the surety on the official bond
of said Treasurer shall be liable for the safekeeping and due accounting of
such Treasurer of the moneys and securities belonging to said Fund. There
shall be an Auditing Committee composed of the Mayor, Fire Chief and the Secretary,
who shall audit the books and all accounts pertaining to said Fund annually
or at such shorter intervals as said Committee shall select.[1]
B.
The members of the Fire Department, now serving under
the provision of the ordinance of the City of Amsterdam adopted October 21,
1913, shall continue as Trustees of said Fund under the provisions of this
article until the first Tuesday of January 1941 and until their successors
are elected and qualified. In the month of December 1941 and in the month
of December of each year thereafter, the Fire Department shall elect three
of its members or officers as such Trustees, who shall enter upon the discharge
of their duties on the first Tuesday of January succeeding their election
and hold office for one year and until their successors are elected and qualified.
C.
The Board of Trustees may make rules and regulations
for its government and shall hear and determine all applications for pension
under this article. It shall cause to be kept a record of all its proceedings
and meetings. A majority shall be a quorum.
The Board of Trustees may take by gift, grant, bequest or devise and
hold free from taxation any real or personal property, the annual income of
which shall not exceed in the aggregate the sum of $30,000. No payments whatever
shall be made or allowed by said Board of Trustees as rewards, gratuities
or compensation to any person for salary or services rendered to or for such
Board of Trustees. Said Board of Trustees shall have charge of and administer
said Fund and invest the same or any part thereof, as hereinafter prescribed.
Said Board of Trustees is empowered to make all necessary contracts, institute
all necessary and proper actions or proceedings and make payments from said
Fund for pensions as provided by this article and not otherwise.
The Corporation Counsel of said city, without additional compensation,
shall have charge of the prosecution and defense of all suits or proceedings
instituted by or against the Board of Trustees of such Fund.
A.
An officer or member of the Fire Department who may be
found upon examination by the surgeon or physician chosen by the Fire Chief,
duly certified under oath, disqualified physically or mentally for the performance
of his duties in the Department by reason of long service or disease or disability
caused or induced by the active performance of the duties of his position,
without fault or misconduct on his part, may, during the continuance of such
disability, be retired by the Fire Chief, provided that if such officer or
member objects to being so retired, he may demand an examination as to such
disability by three competent physicians or surgeons of good repute and standing,
one to be selected by the Fire Chief one by such officer or member and a third
by the two surgeons or physicians selected as aforesaid, and the three so
selected shall examine such officer or member and the finding of a majority
of such examiners shall be final as to the ability or disability at that time
of such officer or member to perform his full duty, and if found able he shall
be returned to duty at the same salary and rank then paid and held by him.[1]
B.
Every officer or member of said Department who may have
become permanently incapacitated of performing fully his duties as such officer
or member by reason of age or of disease or disability caused or induced by
injury or by long service and exposure while in the line of his duty, without
fault or misconduct on his part, may, on his own application, be retired from
service by a majority vote of such Trustees, provided that the applicant has
been examined by three physicians or surgeons selected as aforesaid and their
sworn certificate, signed by a majority of such examiners, has been filed
with the Fire Chief, showing that the applicant is permanently disqualified
from performing his duty in said Department.[2]
C.
Any officer or member retired under the preceding provisions
of this section shall, however, remain under the orders of the Fire Chief,
who may order him at any time to such duties of which he is capable as may
be decided to be for the best interests of said Department, and while so serving
he shall be paid the same salary as that received by the other members of
the Department of the same rank.[3]
D.
Every officer or member of said Department who shall
have served therein for 25 years or more and shall have reached the age of
55 years shall, upon his own application without examination or certification,
be retired from membership therein.
E.
Amount.
(1)
A pension shall be granted and paid to each member of
the Fire Department, retiring after the date of adoption of this article and
under the preceding provisions of this section, from said Fund, equal to 75%
of the annual compensation allowed him as a salary at the date of his retirement
from the service.
[Amended 12-4-1962; 1-21-1969; 7-3-1973]
F.
No member shall be entitled to any allowance or pension
during the time he shall be receiving full salary from the Department.
The Board of Trustees shall also grant, authorize and direct the payment
of pensions, payable out of said Fund, as follows:
A.
To the widow, minor child or children or dependent parent
or parents of any officer or member of said Department who shall be killed
while in actual performance of his duty, or shall have died or may hereafter
die from the effects of injuries received while in the discharge of duty,
or any member who shall die after he has been retired as hereinbefore provided
and during the period of such retirement, or who shall from any other cause
die after 10 years of service in the Department, the sum of $1,200 per annum.
[Amended 2-3-1948; 1-21-1969; 2-19-1974]
B.
Such payment shall be made for the benefit of the widow,
solely, if there be no dependent child or children under 18 years of age left
surviving; if there be such a child or children, said sum may be divided between
said widow and child or children in such proportion and in such manner as
the Board of Trustees of such Fund may direct; and if there be such child
or children surviving and no widow left surviving, or if such widow dies or
remarries, said sum shall be apportioned and paid among the children in such
proportion and in such manner as the Trustees of said Fund may direct.
[Amended 2-3-1948]
C.
To any dependent parent or parents of any officer or
member who shall die leaving no widow or dependent child or children under
the age of 18 years, the sum of $1,200 per annum. There shall be no payment
to a parent or parents if there be surviving such deceased officer or member
a widow or dependent child or children as hereinbefore described. If there
be but one dependent parent surviving, then the whole of such award shall
be paid to such survivor, and if both parents survive, payment shall be apportioned
and paid in such amounts as the Board of Trustees may direct.
[Amended 2-3-1948; 1-21-1969; 2-19-1974]
D.
Pensions granted to a widow shall terminate if she remarries,
and pensions granted to children shall terminate whenever they shall respectively
marry or arrive at the age of 18 years.
E.
The term "widow" in this provision means only a person
who was the wife of the deceased at the time of his retirement under this
article or at the time of his death while in service. "Children" shall mean
a child or children of such officer or member by his widow or by a prior wife
who reside with and are dependent upon such deceased officer or member.
F.
The Board of Trustees may, in its discretion, pay the
pension of said minor child or children to the mother or to their general
or testamentary guardian or to the person or persons who shall have the care
and custody of said minor child or children, and the decision of said Board
of Trustees as to what is deemed for the best interests of said minor child
or children may be reviewed by the Surrogate of the County of Montgomery,
State of New York, and payment according to its determination of the pensions,
and allowances herein provided for shall be full discharge for the money so
paid.
G.
In the event that an officer, member or other employee
shall die before performing 10 years of service in the Fire Department and
shall not be killed in the actual performance of his duty or die from the
effects of injuries received while in the discharge of duty, the Board of
Trustees shall pay to his estate, or to such person or persons as the Trustees
may determine to be entitled thereto, a sum equal to the contributions made
by him to such Fund, together with simple interest at the rate of 3% per annum.
Any officer, member or other employee of said Fire Department who shall hereafter relinquish his membership in said Fire Department, except as provided in § 45-7 of this article, shall forfeit all rights and privileges in connection with the Firemen's Pension Fund.
Nothing in this article contained shall render the granting of any pension
obligatory upon the Board of Trustees or chargeable as a matter of right upon
said Fund, except as in this article provided.
All payments from said Fund shall be made by the City Treasurer only
upon warrants signed by the President of the Board of Trustees thereof and
countersigned by the Secretary thereof, and no warrant shall be drawn except
by order of the Board of Trustees duly entered in the record of the proceedings
of the Board. Said Board of Trustees is hereby authorized to deposit said
Fund or any part thereof in any of the banks of the City of Amsterdam upon
receiving adequate security therefor, or to invest the same in the bonds or
other obligations of the city or in the bonds of the United States or of this
state issued pursuant to the law, or to invest the same in such securities
as savings banks of this state are authorized by law to invest in. All income,
interest or dividends derived from said investments of said Fund shall constitute
a part thereof. The City Treasurer shall deposit the moneys belonging to said
Fund in the bank or banks designated by the Board of Trustees.
In the month of January of each and every year, the Board of Trustees
shall make a report, in writing, to the Common Council of the condition of
said Fund, in which report there shall be clearly set forth a complete itemized
statement of all receipts and disbursements during the preceding year, giving
the name of each and every person, corporation or association from whom any
money or property has been received or to whom any money or property has been
delivered, with the total amounts thereof.
Any officer or board of officers of the city who shall realize, receive
or derive any money which, under the provisions of this article constitutes
a part of said Fund is hereby directed to pay over the same on the first day
of the month succeeding the receipt and collection thereof to the Treasurer
of the city to be used and applied as a part of said Fund.
No member of such Board of Trustees shall be paid or receive any additional
compensation for his services as a member of such Board.
Nothing in this article contained shall be construed as in any manner
binding upon or holding the Trustees of the Fire Pension Fund hereby created,
liable for the payment of any pension or other moneys to be paid under this
article, beyond the amount received by them in pursuance of this article.
All pensions heretofore granted pursuant to the provisions of the ordinance
adopted October 21, 1913, and amendments supplemental thereto, shall continue
at the same rate and under the same conditions as when granted, notwithstanding
the passage of this article.
The repeal of any ordinance or any part of it by the provisions of this
article shall not affect or impair any act done or right accruing, accrued
or acquired, or penalty, forfeiture or punishment incurred, prior to the time
when this article takes effect, under or by virtue of the ordinances so repealed,
but the same may be asserted, enforced, prosecuted or inflected as fully and
to the same extent as if such ordinances had not been repealed. The provisions
of this article, so far as they are substantially the same or cover the same
subject as those of any ordinance repealed hereby, shall be construed as a
continuance of such repealed ordinance, modified or amended according to the
language employed herein, and not as new enactments.
This article shall apply to all who, pursuant to regular appointment
thereto, are now officers, members or employees of the Fire Department; but
none of the provisions of this article or any amending ordinance or local
law shall apply to anyone who at the time of the passage of this article may
be serving in said Department in a temporary capacity or as provisional or
probationary appointees, nor to any member appointed on or after June 30,
1940. In place and instead of membership in said Fire Pension Fund of the
City of Amsterdam, New York, such appointee or appointees shall be entitled
to membership in the New York State Employees Retirement System and entitled
to all of the pensions, retirement benefits, emoluments or awards as are provided
for in Chapter 741, Article 4, of the Laws of 1920, and Chapter 591, Article
5 of the Laws of 1922, as the same have from time to time been amended and
renumbered. The City of Amsterdam, New York hereby gives its consent and approval
to such membership and/or memberships in the New York State Employees Retirement
System of all members of such Amsterdam Fire Department who shall be appointed
on and after June 30, 1940.
[Adopted 6-28-1940]
Unless otherwise specified in this article, the words and terms herein
mentioned shall be construed and defined as follows:
The Board of Trustees of the Policemen's Pension Fund hereby
established.
The Policemen's Pension Fund hereby established.
The Chief of Police, the Assistant Chiefs of Police, the captains,
sergeants, detectives, supervisors of automotive equipment, patrolmen and
policemen of the police force of said city.
[Amended 11-1-1960]
There shall be continued in and for the City of Amsterdam a Policemen's
Pension Fund, which shall consist of:
A.
All securities, moneys and properties which, upon the
passage of this article, are in the possession of the City Treasurer, belonging
to the Policemen's Relief and Pension Fund established by ordinance of
the City of Amsterdam, October 21, 1913.
B.
Moneys received from licenses and taxes upon dogs and
bitches levied and collected in said city, and in the same proportion as has
heretofore been paid into the Policemen's Relief and Pension Fund from
this same source.
C.
All fines, penalties and forfeitures that from time to
time may be collected from any officer or member of the Police Department
of the city by way of discipline, collectible from pay or salary, and all
compensation or salary that may be deducted or withheld from any officer or
member for or on account of absence from duty.
D.
All rewards in money, fees, gifts, testimonials and emoluments
that may be given or paid because of extraordinary services rendered by an
officer or member of such Police Department.
E.
All moneys realized, derived or received from the sale
of unclaimed, abandoned, waste, lost or stolen property coming into possession
of said Department, of any of its officers or members; also all lost, abandoned,
unclaimed or stolen moneys remaining in the possession of said Department
for the space of one year and for which no claim shall have been presented
by any person legally entitled to the same.
F.
All moneys received or derived from the granting or issuing
of permits to carry firearms in said city.
G.
All fees paid for licenses or permits issued to dealers
in junk and hucksters and peddlers and pawnbrokers in said city and circuses
or other public amusements pursuant to the city ordinance.
H.
The Common Council may, by ordinance, authorize and direct
the payment into said Fund of penalties recovered for violation of any ordinance
of the city, and the moneys so paid shall be used for the purposes for which
said Fund is hereby created.
I.
Any and all other sums provided by law.
In case the revenue received from the sources mentioned in § 45-20 of this article is insufficient to meet the demands upon the Pension Fund pursuant to the provisions of this article, the Common Council of the City of Amsterdam shall each year appropriate and pay into said Fund such sum or sums as may be necessary to meet such deficiency or deficiencies.
A.
The Mayor, Treasurer of the city, Police Chief and three
members or officers of the Police Department (to be elected annually in the
month of December by said Department) and their successors in office shall
constitute the Board of Trustees of said Fund. The Mayor shall be Chairman,
the Treasurer of the city shall be Treasurer and one of the Trustees elected
by the Police Department shall be selected by said Board as Secretary thereof,
and each member and officer of the Board of Trustees shall serve without compensation.
Said Board of Trustees shall have the exclusive control, management and distribution
of said Fund, and the Treasurer of the city shall be the custodian thereof.
Said funds shall be kept by the Treasurer of the city, separate and apart
from any other Fund, under his custody, and the surety on the official bond
of said Treasurer shall be liable for the safekeeping and due accounting of
such Treasurer of the moneys and securities belonging to said Fund. There
shall be an Auditing Committee, composed of the Mayor, Police Chief and the
Secretary, who shall audit the books and all accounts pertaining to said Fund
annually or at such shorter intervals as said Committee shall select.[1]
B.
The members of the Police Department now serving under
the provisions of the ordinance of the City of Amsterdam, adopted October
21, 1913, shall continue as Trustees of said Fund under the provisions of
this article until the first Tuesday of January 1941, and until their successors
are elected and qualified. In the month of December 1940 and in the month
of December of each year thereafter, the Police Department shall elect three
of its members or officers as such Trustees, who shall enter upon the discharge
of their duties on the first Tuesday of January succeeding their election
and hold office for one year and until their successors are elected and qualified.
C.
The Board of Trustees may make rules and regulations
for its government and shall hear and determine all applications for pension
under this article. It shall cause to be kept a record of all its proceedings
and meetings. A majority shall be a quorum.
The Board of Trustees may take by gift, grant, bequest or devise and
hold free from taxation any real or personal property, the annual income of
which shall not exceed in the aggregate the sum of $30,000. No payments whatever
shall be made or allowed by said Board of Trustees as rewards, gratuities
or compensation to any person for salary or services rendered to or for such
Board of Trustees. Said Board of Trustees shall have charge of and administer
said Fund and invest the same or any part thereof, as hereinafter prescribed.
Said Board of Trustees is empowered to make all necessary contracts, institute
all necessary and proper actions or proceedings and make payments from said
Fund for pensions as provided by this article and not otherwise.
The Corporation Counsel of said city, without additional compensation,
shall have charge of the prosecution and defense of all suits or proceedings
instituted by or against the Board of Trustees of such Fund.
A.
An officer or member of the Police Department who may
be found upon examination by the surgeon or physician chosen by the Police
Chief, duly certified under oath, disqualified physically or mentally for
the performance of his duties in the Department by reason of long service
or disease or disability caused or induced by the active performance of the
duties of his position, without fault or misconduct on his part, may, during
the continuance of such disability, be retired by the Police Chief, provided
that if such officer or member objects to being so retired, he may demand
an examination as to such disability by three competent physicians or surgeons
of good repute and standing, one to be selected by the Police Chief, one by
such officer or member and a third by the two surgeons or physicians selected
as aforesaid, and the three so selected shall examine such officer or member
and the finding of a majority of such examiners shall be final as to the ability
or disability at that time of such officer or member to perform his full duty,
and, if found able, he shall be returned to duty at the same salary and rank
then paid and held by him.[1]
B.
Every officer or member of said Department who may have
become permanently incapacitated of performing fully his duties as such officer
or member by reason of age or of disease or disability caused or induced by
injury or by long service and exposure while in the line of his duty, without
fault or misconduct on his part, may, on his own application, be retired from
service by a majority vote of such Trustees, provided that the applicant has
been examined by three physicians or surgeons selected, as aforesaid, and
their sworn certificate, signed by a majority of such examiners, has been
filed with the Police Chief, showing that the applicant is permanently disqualified
from performing his duty in said Department.[2]
C.
Any officer or member retired under the preceding provisions
of this section shall, however, remain under the orders of the Police Chief,
who may order him at any time to such duties of which he is capable as may
be decided to be for the best interests of said Department, and, while so
serving, he shall be paid the same salary as that received by the other members
of the Department of the same rank.[3]
D.
Every officer or member of said Department who shall
have served therein for 25 years or more and shall have reached the age of
55 years shall, upon his own application, without examination or certification,
be retired from membership therein.
E.
Amount.
(1)
A pension shall be granted and paid to each member of
the Police Department retiring after the date of adoption of this article
and under the preceding provision of this section, from said Fund equal to
75% of the annual compensation allowed him as a salary at the date of his
retirement from the service.
[Amended 12-4-1962; 1-21-1969; 7-3-1973]
F.
No member shall be entitled to any allowance or pension
during the time he shall be receiving full salary from the Department.
The Board of Trustees shall also grant, authorize and direct the payment
of pensions, payable out of said Fund, as follows:
A.
To the widow, minor child or children or dependent parent
or parents of any officer or member of said Department who shall be killed
while in actual performance of his duty, or shall have died or may hereafter
die from the effects of injuries received while in the discharge of duty,
or any member who shall die after he has been retired as hereinbefore provided
and during the period of such retirement, or who shall from any other cause
die after 10 years of service in the Department, the sum of $1,200 per annum.
[Amended 2-3-1948; 1-21-1969; 2-19-1974]
B.
Such payment shall be made for the benefit of the widow,
solely, if there be no dependent child or children under 18 years of age left
surviving; if there be such a child or children, said sum may be divided between
said widow and child or children in such proportion and in such manner as
the Board of Trustees of such Fund may direct; and if there be such child
or children surviving and no widow left surviving, or if such widow dies or
remarries, said sum shall be apportioned and paid among the children in such
proportion and in such manner as the Trustees of said Fund may direct.
[Amended 2-3-1948]
C.
To any dependent parent or parents of any officer or
member who shall die leaving no widow or dependent child or children under
the age of 18 years, the sum of $1,200 per annum. There shall be no payment
to a parent or parents if there be surviving such deceased officer or member,
a widow or dependent child or children as hereinbefore described. If there
be but one dependent parent surviving then the whole of such award shall be
paid to such survivor, and if both parents survive, payment shall be apportioned
and paid in such amounts as said Board of Trustees may direct.
[Amended 2-3-1948; 1-21-1969; 2-19-1974]
D.
Pensions granted to a widow shall terminate if she remarries,
and pensions granted to children shall terminate whenever they shall respectively
marry or arrive at the age of 18 years.
E.
The term "widow" in this provision means only a person
who was the wife of deceased at the time of his retirement under this article
or at the time of his death while in service. "Children" shall mean a child
or children of such officer or member by his widow or by a prior wife who
reside with and are dependent upon such deceased officer or member.
F.
Said Board of Trustees may, in its discretion, pay the
pension of said minor child or children to the mother or to their general
or testamentary guardian or to the person or persons who shall have the care
and custody of said minor child or children, and the decision of said Board
of Trustees as to what is deemed for the best interests of said minor child
or children may be reviewed by the Surrogate of the County of Montgomery,
State of New York, and payment according to its determination of the pensions
and allowances herein provided for shall be full discharge for the money so
paid.
G.
In the event that an officer or member shall die before
performing 10 years of service in the Police Department and shall not be killed
in the actual performance of his duty or die from the effects of injuries
received while in the discharge of duty, the Board of Trustees shall pay to
his estate, or to such person or persons as the Trustees may determine to
be entitled thereto, a sum equal to the contributions made by him to such
Fund, together with simple interest at the rate of 3% per annum.
Any officer or member of said Police Department who shall hereafter relinquish his membership in said Police Department, except as provided in § 45-25 of this article, shall forfeit all rights and privileges in connection with the Policemen's Pension Fund.
Nothing in this article contained shall render the granting of any pension
obligatory upon said Board of Trustees or chargeable as a matter of right
upon said Fund, except as in this article provided.
All payments from said Fund shall be made by the City Treasurer only
upon warrants signed by the President of the Board of Trustees thereof and
countersigned by the Secretary thereof, and no warrant shall be drawn except
by order of the Board of Trustees duly entered in the record of the proceedings
of the Board. Said Board of Trustees is hereby authorized to deposit said
Fund or any part thereof in any of the banks of the City of Amsterdam upon
receiving adequate security therefor, or to invest the same in the bonds or
other obligations of the city or in the bonds of the United States or of this
state issued pursuant to the law or to invest the same in such securities
as savings banks of this state are authorized by law to invest in. All income,
interest or dividends derived from said investments of said Fund shall constitute
a part thereof. The City Treasurer shall deposit the moneys belonging to said
Fund in bank or banks designated by the Board of Trustees.
In the month of January of each and every year, the Board of Trustees
shall make a report, in writing, to the Common Council of the condition of
said Fund, in which report there shall be clearly set forth a complete itemized
statement of all receipts and disbursements during the preceding year, giving
the name of each and every person, corporation or association from whom any
money or property has been received or to whom any money or property has been
delivered, with the total amounts thereof.
Any officer or board of officers of the city who shall realize, receive
or derive any money, which, under the provisions of this article, constitute
a part of said Fund is hereby directed to pay over the same on the first day
of the month succeeding the receipt and collection thereof, to the Treasurer
of the city, to be used and applied as a part of said Fund.
No member of such Board of Trustees shall be paid or receive any additional
compensation for his services as a member of such board.
Nothing in this article contained shall be construed as in any manner
binding upon or holding the Trustees of the Police Pension Fund hereby created
liable for the payment of any pension or other moneys to be paid under this
article, beyond the amount received by them in pursuance of this article.
All pensions heretofore granted pursuant to the provisions of the ordinance
adopted October 21, 1913, and amendments supplemental thereto, shall continue
at the same rate and under the same conditions as when granted, notwithstanding
the passage of this article.
The repeal of any ordinance or any part of it by the provisions of this
article shall not affect or impair any act done or right accruing, accrued
or acquired, or penalty, forfeiture or punishment incurred, prior to the time
when this article takes effect under or by virtue of the ordinances so repealed,
but the same may be asserted, enforced, prosecuted or inflicted as fully and
to the same extent as if such ordinances had not been repealed. The provisions
of this article, so far as they are substantially the same or cover the same
subject matter as those of any ordinance repealed hereby, shall be construed
as a continuance of such repealed ordinance, modified or amended according
to the language employed herein, and not as new enactments.
This article shall apply to all who, pursuant to regular appointment
thereto, are now officers or members of the Police Department; but none of
the provisions of this article or any amending ordinance or local law shall
apply to anyone who at the time of the passage of this article may be serving
in said Department in a temporary capacity, or a provisional or probationary
appointees, nor to any member appointed on or after June 30, 1940. In place
and instead of membership in said Police Pension Fund of the City of Amsterdam,
New York, such appointee or appointees shall be entitled to membership in
the New York State Employees Retirement System and entitled to all of the
pensions, retirement benefits, emoluments or awards as are provided for in
Chapter 741, Article 4, of the Laws of 1920, and Chapter 591, Article 5, of
the Laws of 1922, as the same have from time to time been amended and renumbered.
The City of Amsterdam, New York, hereby gives its consent and approval to
such membership and/or memberships in the New York State Employees Retirement
System of all members of such Amsterdam Police Department who shall be appointed
on and after June 30, 1940.
