§ 58-4. Authority to grant pensions., Article I. Pension Plan, Chapter 58. Police Department, Part I. Administrative Legislation, Code of Ordinances, New Rochelle

To any member of the police force 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 police duty and whom 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 police duty, and who shall, by order of the Director of Public Safety of the City of New Rochelle, be relieved and dismissed from said force and service and placed on the roll of the Police 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 of money 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 Director of Public Safety shall continue or relieve and dismiss said member from the force in accordance with the findings of said medical board.

1A.

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

(a)

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

(b)

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.

(c)

If such member shall be in the 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 annual salary received by such members at the time of retirement.

1B.

Any person having served as a member of said police force for a period of 25 years shall, upon his request and with the consent of the City Manager of said City, 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. In the event that any officer or member of the uniformed police force has served as such member for 25 years and continues in service thereafter, upon his subsequent retirement for any cause whatsoever, there shall be added to the amount of the annual pension or retirement allowance to which he was entitled upon completion of such minimum period an additional amount computed at the rate of 1/60 of his final compensation for each year of such additional service. These benefits shall apply to every member who qualifies and retires subsequent to June 1, 1960. Each member of the police force shall retire upon reaching his 62nd birthday.

1C.

[Repealed by Local Law No. 3-1960 (September 28, 1960).]

1D.

[Repealed by Local Law No. 5-1962 (June 13, 1962).]

1E.

Notwithstanding the foregoing or any other provisions of this Act known as the Police Pension Fund Act, as amended, the trustees of the Police Pension Fund created by this Act shall pay a minimum of $1,733 annually to any retired member of the police force who is receiving a pension of less than that sum or to the widow or dependent children of members or retired members of the police force who are receiving pensions of less than that sum.

1F.

The trustees of the Police Pension Fund shall pay annually to any local retired member of the police force a supplemental pension payment which shall not exceed $1,000 per year and to be computed in accordance with the schedule set forth in § 192 of the Retirement and Social Security Law and which, together with the pension payment and the benefits received under federal old-age and survivors' insurance system, shall not exceed $2,600 a year; provided, however, that any local retired member of the Police Department who will receive a supplemental amount of less than $200 as a result of this amendment shall receive an amount of not less than $200 on filing an affidavit to the effect that he is over 65 years of age, is not receiving social security and is not gainfully employed by virtue of ill health or infirmity.

To the widow, if any, or if the deceased police officer leaves no widow, then to any person dependent on such police officer who shall have been killed while in the actual performance of police duty or who shall have died before or after retirement from the effects of any injury received in the actual discharge of such duty, the sum of $500. To the widow of any member of the police force who shall have been killed while in the performance of his duty or who shall have died before or after retirement from the effects of any injury received in the actual discharge of such duty, if there is no child or children of such member under 18 years of age, a sum per annum equal to 1/2 of the salary received by such police officer prior to his death or retirement, but if there is any child or children of such member under the age aforesaid, then the sum may be divided between such widow, child or children in such proportions and in such manner as the said trustees may direct.

To any child or children under 18 years of age of such member killed while in the actual performance of police duty or dying from the effects of any injury received in the actual discharge of such duty but leaving no widow, or if the widow, then after her death to such child or children being under 18 years of age, a sum per annum equal to 1/2 of the salary received by the deceased police officer prior to his death.

To the widow of any member of the police force who shall die prior to retirement by reason of age provisions and from any cause other than from injuries received in the actual performance of his duty, or who shall die subsequent to retirement from any cause other than from injuries received in the actual performance of his duty, as follows:

(a)

A total sum equal to one month's salary received by such member of the police force at the time of his death or retirement for each year of service if such member of the police force has been in service less than five years, but if there is no widow, then such sum shall be paid to his child or children, if any, and if there is no child or children, said sum shall be paid to the dependents of the said police officer or to his estate in the discretion of the trustees.

(b)

If such member shall have been in service at least five years and not more than 10 years, an annual pension of $500, payable monthly, but if there is any child or children under 18 years of age, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the trustees may direct.

(c)

If such member shall have been in service for a period of more than 10 years at the time of his death or retirement, an annual pension, payable monthly, of a sum of money equal to 1/3 of the full amount of his annual salary received by such member at the time of his death or retirement, but if there is a child or children under 18 years of age, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the trustees may direct.

To the widow of any member of the police force who shall have retired by reason of at least 25 years of service, if there is no child or children of such member under 18 years of age, a sum per month equal to 1/3 of the monthly salary received by such police officer just prior to his retirement, but if there is any child or children of such member under 18 years of age, then the sum may be divided between such widow, child or children in such proportions and in such manner as the trustees may direct. If there is no widow then the said sum shall be payable to any child or children under 18 years of age.

To the mother or father depending for support on such member killed or dying as aforesaid, or pensioner as aforesaid, but leaving no widow or children, whether such widow or children would be entitled to receive a pension as aforesaid, a sum, to be paid in such manner as the trustees may direct, not to exceed $1,200 per annum.

Pensions to widows shall terminate upon the death or remarriage of the widow, and pensions to children shall terminate when each respectively arrives at the age of 18 years, or upon the death or marriage of the child; pensions to dependent parents shall terminate at death.

If a member of the police force is still in service after 25 years of service, he shall be entitled to receive his pension upon applying for the same even though discharged from the service for any reason.

[Amended by Local Law No. 4-1946 (September 16, 1946); Local Law No. 4-1948 (July 19, 1948); Local Law No. 4-1959 (July 15, 1959); Local Law No. 1-1960 (February 10, 1960); Local Law No. 3-1960 (September 28, 1960); Local Law No. 1-1962 (January 10, 1962); Local Law No. 2-1962 (January 10, 1962); Local Law No. 3-1962 (January 10, 1962); Local Law No. 5-1962 (June 13, 1962); Local Law No. 3-1964 (June 17, 1964); Local Law No. 1-1965 (February 10, 1965).]