§ 37-4. Authority to grant pensions.

The trustees of the Firemen's Pension Fund created by this article shall have power to grant and shall grant pensions, as hereinafter provided, to any member of the Fire Department of said City of New Rochelle as follows:

A. 

To any member of the Fire Department who is permanently disabled physically or mentally so as to be unfit for duty by reason of any injuries received by him while in the actual performance of duty and who the City physician and a physician appointed by the City Manager for the purpose of examining said member shall declare, in a certificate signed by them, is permanently disabled physically or mentally so as to be unfit for duty by reason of any injuries received by him while in the actual performance of duty, and who shall by order of the City Manager of the City of New Rochelle be relieved and dismissed from said force and service and placed on the roll of the Firemen's Pension Fund, an annual pension, payable monthly during his lifetime, of a sum of money equal to but not less than 1/2 of the full amount of annual salary or compensation received by such member at the time he may be retired; provided, however, that if said member shall have completed 25 years of service he shall receive an annual pension payable in the same manner of a sum equal to but not less than 3/4 of the full amount of annual salary or compensation received by such member at the time he may be retired. In the event that the physician appointed by the City Manager does not agree in his findings with the City physician, the two physicians shall appoint a third physician satisfactory to the City Manager to examine the member. The three physicians shall constitute a medical board and a decision by a majority of said medical board shall be binding on the City, and the City Manager shall continue or relieve and dismiss said member from the force in accordance with the findings of said medical board.

B. 

To any member of the Fire Department who is permanently disabled physically or mentally so as to be unfit for duty by reason of injuries or causes obtained while not in the actual performance of his duty and who shall be so certified by the City physician and who shall, by order of the City Manager, be retired from said force and service as follows:

[Amended 6-17-1964 by Ord. No. 180-1964]

(1) 

A total sum equal to one month's salary received by such member of the Fire Department at the time of his retirement for each year of service, if such member of the Fire Department has been in service less than five years.

(2) 

If such member shall be in service at least five years and not more than 10 years, an annual pension payable monthly during his lifetime of a sum of money equal to 1/4 of his salary at the time of his retirement.

(3) 

If such member shall be in service for a period of more than 10 years at the time of his retirement, an annual pension payable monthly during his lifetime of a sum of money equal to 1/2 of the full amount of the annual salary received by such member at the time of retirement.

C. 

Any person having served as a member of said Department for a period of 25 years shall, upon his request, be retired from said force, and shall thereafter receive from said fund a sum of money monthly during his lifetime, equal to 1/2 of his monthly salary received by him just prior to his retirement. Each member of said Department shall retire upon reaching his 62nd birthday.

D. 

Any member who shall have completed 25 years of service in said Department and who has not reached the compulsory retirement age of 62 years shall, upon retirement, be entitled to receive and be paid from the fund an additional increase in pension in the amount of $50 per year for each year not exceeding five years of performed service in the Department beyond the 25 years of completed service. The maximum allowable additional pension, as herein provided, shall not exceed $250. The provisions of this subsection shall apply to all members of the Department who have continued in service beyond the completed 25 years of service and who are members of the Department upon the adoption of this subsection.

E. 

To any member of the Fire Department who, independent and exclusive of all other causes, is totally and permanently disabled so as to be prevented from performing the duties and all occupations by reason of an accident which occurred in the actual performance of duty and who shall, by order of the City Manager, be dismissed from said force upon certification of such total and permanent disability by the City physician, an annual pension payable monthly during his lifetime while such total and permanent disability continues, of a sum of money equal to but not less than 3/4 of the full amount of the annual salary or compensation received by such member at the time he may be retired. The trustees may cause to be made such additional physical and medical examinations and investigations as they may deem necessary to satisfy them that the disability is total, permanent and continues and that it was due solely to an accident which occurred in the actual performance of duty as aforesaid. The continuance of any pension so granted shall be subject to an annual examination by the City physician or by such other physician as the trustees may designate to determine whether the permanent and total disability still continues.

[Amended 6-17-1964 by Ord. No. 180-1964]

Amended 6-13-1962 by Ord. No. 176-1962; 6-17-1964 by Ord. No. 180-1964