Section 207-I - [Multiple versions] Supplemental retirement allowances of retired firefighters of citiesNothing in any general, special or local law, administrative code, ordinance, rule or regulation or pension contract to the contrary notwithstanding a supplemental retirement allowance shall be paid pursuant to the provisions of subdivisions a and b of this section to pensioners of a pension or retirement system of a paid fire department of a city who have retired prior to the calendar year nineteen hundred seventy. Such supplemental retirement allowance under such subdivisions a and b shall be payable on the basis provided for herein, commencing with a payment for the month of October, nineteen hundred sixty-seven, and continuing through the month of September, nineteen hundred seventy-three, except that in the case of pensioners of a pension or retirement system of a paid fire department of a city having a population of one million or more, such payments shall continue monthly thereafter.
a. The supplemental retirement allowance provided for in this subdivision and in subdivision b of this section shall be a percentage of the retirement allowance computed without optional modification and shall be determined on the basis of the consumer price index (all items - United States city average), published by the United States Bureau of Labor Statistics. Said percentage shall be determined in the manner set forth in this section. Said supplemental retirement allowance shall be computed on the basis of the first ten thousand five hundred dollars of such annual retirement allowance and shall be payable commencing October first, nineteen hundred sixty-seven, to all disability pensioners, and to other pensioners who have attained age sixty-two on or before September thirtieth, nineteen hundred sixty-seven and commencing on April first, nineteen hundred sixty-eight, to such other pensioners who shall have attained age sixty-two on or after October first, nineteen hundred sixty-seven and on or before September thirtieth, nineteen hundred sixty-eight, and commencing on October first, nineteen hundred sixty-eight, to such other pensioners who shall have attained age sixty-two on or after April first, nineteen hundred sixty-eight and on or before September thirtieth, nineteen hundred sixty-eight, and commencing on October first, nineteen hundred sixty-nine, to such other pensioners who shall have attained age sixty-two on or after October first, nineteen hundred sixty-eight and on or before September thirtieth, nineteen hundred sixty-nine, and commencing on October first, nineteen hundred seventy, to such other pensioners who shall have attained age sixty-two on or after October first, nineteen hundred sixty-nine and on or before September thirtieth, nineteen hundred seventy, and commencing on October first, nineteen hundred seventy-two, to such other pensioners who shall have attained age sixty-two on or after October first, nineteen hundred seventy and on or before September thirtieth, nineteen hundred seventy-two, and to each such other pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who shall have attained age sixty-two on or after October first, nineteen hundred seventy-two, commencing with a payment for the later of the month of July, nineteen hundred eighty-one or the month of July next following the twelve-month period ending June thirtieth in which such other pensioner who shall have attained age sixty-two on or after October first, nineteen hundred seventy-two shall have attained such age, and continuing thereafter.b. The percentage referred to in subdivision a hereof shall be determined from the ratio of two indexes, in the following manner. The average of the twelve monthly consumer price indexes of the calendar year nineteen hundred sixty-six or, for a supplemental retirement allowance payable pursuant to this section on or after October first, nineteen hundred sixty-eight, the average of the twelve monthly consumer price indexes of the calendar year nineteen hundred sixty-seven or, for a supplemental retirement allowance payable pursuant to this section on or after October first, nineteen hundred sixty-nine, the average of the twelve monthly consumer price indexes of the calendar year nineteen hundred sixty-eight, or, for a supplemental retirement allowance payable pursuant to this section on or after October first, nineteen hundred seventy, the average of the twelve monthly consumer price indexes of the calendar year nineteen hundred sixty-nine, divided by the average of the twelve monthly consumer price indexes of the calendar year of retirement shall be the ratio of the indexes. Said ratio, minus one, shall be expressed as a percentage and shall be adjusted to the lower one-tenth of one per centum. Such adjusted percentage shall be the percentage of the applicable portion of the retirement allowance, computed without optional modification which shall be payable as a supplemental retirement allowance under subdivision a of this section and under this subdivision. However, no such supplement shall be paid where such percentage is less than three per centum. Such percentage for pensioners who retired prior to April first, nineteen hundred fifty-eight shall be increased by one hundred percentum thereof and the adjusted percentage shall be further adjusted to the lower one-tenth of one percentum. Such percentage shall be computed by the actuary each year and certified to the comptroller who shall, by directive, promulgate a schedule of percentages to be used for this purpose.b-1.(1) In addition to any supplemental retirement allowance payable in accordance with the provisions of subdivisions a and b of this section, commencing with a payment for the month of July, nineteen hundred eighty-one and continuing monthly thereafter, there shall be paid to each disability pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who retired prior to April first, nineteen hundred seventy, an amount of supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(2) In the case of each pensioner of such a pension or retirement system of such a city who retired prior to April first, nineteen hundred seventy other than for disability, commencing with a payment for the later of the month of July, nineteen hundred eighty-one or the month of July next following the twelve-month period ending June thirtieth in which such pensioner shall have attained age sixty-two, and continuing monthly thereafter, there shall be paid to such pensioner, in addition to any supplemental retirement allowance payable in accordance with the provisions of subdivisions a and b of this section, an amount of supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(3) The amount of such additional supplemental retirement allowance referred to in paragraphs one and two of this subdivision shall equal a percentage of the first ten thousand five hundred dollars of the annual retirement allowance computed without optional modification. Such percentage shall be determined by the date or year of retirement in accordance with the table set forth below: Year or date of RetirementPercentage
April 1, 1969 to and including March 31, 1970 twenty-one
January 1, 1968 to and including March 31, 1969 twenty-two
1967 twenty-three
1966 twenty-four
1965 twenty-four
1964 twenty-five
1963 twenty-five
1962 twenty-six
1961 twenty-six
1960 twenty-seven
1959 twenty-seven
1958 twenty-seven
1957 twenty-seven
1956 twenty-eight
1955 twenty-eight
1954 twenty-eight
1953 twenty-eight
1952 twenty-eight
1951 and earlier twenty-nine b-2.
(1) Commencing with a payment for the month of July, nineteen hundred eighty-one and continuing monthly thereafter, there shall be paid to each disability pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who retired on or after April first, nineteen hundred seventy and before January first, nineteen hundred seventy-three, a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(2) In the case of each pensioner of such a pension or retirement system of such a city who retired on or after April first, nineteen hundred seventy and before January first, nineteen hundred seventy-three, other than for disability, commencing with a payment for the later of the month of July, nineteen hundred eighty-one or the month of July next following the twelve-month period ending June thirtieth in which such pensioner shall have attained age sixty-two and continuing monthly thereafter, there shall be paid to such pensioner a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance referred to in paragraphs one and two of this subdivision shall equal a percentage of the first ten thousand five hundred dollars of the annual retirement allowance computed without optional modification. Such percentage shall be determined by the date or year of retirement in accordance with the table set forth below. Date of RetirementPercentage
April 1, 1970 to and including December 31, 1971 eight
1972 calendar year seven b-3.
(1) Commencing with a payment for the month of July, nineteen hundred eighty-two and continuing monthly thereafter, there shall be paid to each disability pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who retired during the calendar year nineteen hundred seventy-three, a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(2) In the case of each pensioner of such a pension or retirement system of such a city who retired during the calendar year nineteen hundred seventy-three, other than for disability, commencing with a payment for the later of the month of July nineteen hundred eighty-two or the month of July next following the twelve-month period ending June thirtieth in which such pensioner shall have attained age sixty-two and continuing monthly thereafter, there shall be paid to such pensioner a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance referred to in paragraphs one and two of this subdivision shall equal six per centum of the first ten thousand five hundred dollars of the annual retirement allowance computed without optional modification.b-4.(1) Commencing with a payment for the month of July, nineteen hundred eighty-three and continuing monthly thereafter, there shall be paid to each disability pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who retired on or after January first, nineteen hundred seventy-four and before January first, nineteen hundred seventy-seven, a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(2) In the case of each pensioner of such a pension or retirement system of such a city who retired on or after January first, nineteen hundred seventy-four and before January first, nineteen hundred seventy-seven, other than for disability, commencing with a payment for the later of the month of July, nineteen hundred eighty-three or the month of July next following the twelve-month period ending June thirtieth in which such pensioner shall have attained age sixty-two and continuing monthly thereafter, there shall be paid to such pensioner a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance referred to in paragraphs one and two of this subdivision shall equal a percentage of the first ten thousand five hundred of the annual retirement allowance computed without optional modification. Such percentage shall be determined by the year of retirement in accordance with the table set forth below. Year of RetirementPercentage
1974 calendar year five
1975 calendar year four
1976 calendar year three b-5.
(1) Commencing with a payment for the month of July, nineteen hundred eighty-four and continuing monthly thereafter, there shall be paid to each disability pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who retired on or after January first, nineteen hundred seventy-seven and before January first, nineteen hundred seventy-nine, a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(2) In the case of each pensioner of such a pension or retirement system of such a city who retired on or after January first, nineteen hundred seventy-seven and before January first, nineteen hundred seventy-nine, other than for disability, commencing with a payment for the later of the month of July, nineteen hundred eighty-four or the month of July next following the twelve-month period ending June thirtieth in which such pensioner shall have attained age sixty-two and continuing monthly thereafter, there shall be paid to such pensioner a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance referred to in paragraphs one and two of this subdivision shall equal three per centum of the first ten thousand five hundred dollars of the annual retirement allowance computed without optional modification.b-6.(1) Commencing with a payment for the month of July, nineteen hundred eighty-five and continuing monthly thereafter, there shall be paid to each disability pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more who retired during the calendar year nineteen hundred seventy-nine, a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(2) In the case of each pensioner of such a pension or retirement system of such a city who retired during the calendar year nineteen hundred seventy-nine, other than for disability, commencing with a payment for the later of the month of July, nineteen hundred eighty-five or the month of July next following the twelve month period ending June thirtieth in which such pensioner shall have attained age sixty-two and continuing monthly thereafter, there shall be paid to such pensioner a supplemental retirement allowance determined pursuant to the provisions of paragraph three of this subdivision.(3) The amount of such supplemental retirement allowance referred to in paragraphs one and two of this subdivision shall equal three per centum of the first ten thousand five hundred dollars of the annual retirement allowance computed without optional modification.b-7. Notwithstanding any other provision of law to the contrary, the spouse of a deceased pensioner of a pension or retirement system of a paid fire department of a city having a population of one million or more, where such pensioner had elected one of the options under the administrative code of such city which provides that benefits are to be continued for the life of such spouse after the death of the pensioner, and where the death of such pensioner occurred or occurs more than thirty days after the effective date of the retirement of such pensioner, shall be entitled to receive a monthly supplemental retirement allowance pursuant to this subdivision. Such monthly supplemental retirement allowance shall be equal in amount to one-half of the monthly supplemental retirement allowance which the pensioner would be receiving if living, and shall commence with a payment for the later of (1) the month of July, nineteen hundred eighty-three, or (2) the month following the month in which the death of the pensioner occurred or occurs, or (3) the first month for which such pensioner, if living, would be entitled to receive a monthly supplemental retirement allowance, and such spouse's monthly supplemental retirement allowance shall continue thereafter during the lifetime of such spouse.c. The benefits hereinabove provided for shall be in lieu of the benefits presently provided by any other general, special or local law unless such benefits are in excess of those provided by this section, in which latter case such benefits shall be paid by the retirement system pursuant to this section.d. Contributions shall be made to such pension accumulation fund by, or on account of, the municipality at a rate fixed by the actuary or if there be no actuary then by the fiscal officer of the municipality, which shall be computed to be sufficient to provide the benefits established by this section which are payable during the period of time that this section shall be in effect.e. The supplemental retirement allowance shall be rounded off to the nearest dollar.N.Y. Gen. Mun. Law § 207-I
Amended by New York Laws 2018, ch. 476,Sec. 65, eff. 12/28/2018.