207-I - Temporary supplemental retirement allowances for certain policemen.

* §  207-i.  Temporary  supplemental retirement allowances for certain  policemen. Notwithstanding the provisions of  any  general,  special  or  local   law,   charter   or  administrative  code  to  the  contrary,  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 police 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  police  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  April  first,  nineteen hundred  seventy, 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 police  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 monthly 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 per centum thereof and the adjusted percentage  shall be further adjusted to the lower one-tenth of one per centum. 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 police 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.       Date of Retirement                       Percentage      __________________                       __________       April 1, 1969 to      and including March 31, 1970             twenty-one       January 1, 1968 toand including March 31, 1969             twenty-two       Year of Retirement                       Percentage      __________________                       __________       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  police  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 Retirement                       Percentage      __________________                       ___________       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 apaid  police  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  police  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  of  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 year of retirement in accordance with the table set  forth below.       Year of Retirement                       Percentage      __________________                       __________       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  police  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  police  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 the retirement system  of  a paid police 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 supplemental retirement allowance shall be rounded off  to  the  nearest dollar.    d.  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, inwhich  latter  case such benefits shall be paid by the retirement system  pursuant to this section.    e.  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.    f. Nothing herein contained shall be deemed to apply to members of the  New York state policemen's and firemen's retirement system.    * NB There are 2 § 207-i's