A.
The employment of any officer or member of the Fire Department of
the City of Schenectady, employed on or before the effective date
of this local law (September 9, 1968) who has served the City of Schenectady
less than 20 years as of the effective date of this local law (September
9, 1968) and who at any time elects to become a member of the twenty-year
retirement plan pursuant to § 384-d of the Retirement and
Social Security Law shall be terminated upon the completion of 20
years of service as an officer or member of the Fire Department of
the City of Schenectady, or upon his reaching his 55th birthday, whichever
event occurs first.
B.
The employment of any officer or member of the Fire Department of
the City of Schenectady, employed on or before the effective date
of this local law (September 9, 1968) who has served the City of Schenectady
for 20 years or more as of the effective date of this local law (September
9, 1968) and who at any time elects to become a member of the twenty-year
retirement plan pursuant to § 384-d of the Retirement and
Social Security Law shall be terminated upon his election to join
the plan or upon his reaching his 55th birthday, whichever event occurs
first.
C.
The employment of any person who becomes an officer or member of
the Fire Department of the City of Schenectady after the effective
date of this local law (September 9,1968) and who elects to become
a member of the twenty-year retirement plan pursuant to § 384-d
of the Retirement and Social Security Law shall be terminated upon
the completion of 20 years of service as an officer or member of the
Fire Department of the City of Schenectady, or upon his reaching his
55th birthday, whichever event occurs first.
D.
The employment of any officer or member of the Fire Department of the City of Schenectady shall be terminated pursuant to Subsections A, B and C hereof, whether or not such officer or member thereafter elects to withdraw from such retirement plan after once having made the election. (Int. L.L. No. 5-1958, §§ 1 — 4)
A.
Board created; composition; general duties; reports. The Mayor of the City of Schenectady for the time being (and his successors in office), the Director of Finance of the City of Schenectady for the time being (and his successors in office), the City Manager of the City of Schenectady for the time being (and his successors in office) and two members of the permanent Fire Department of the City of Schenectady, who shall be elected in the manner provided by this section, shall constitute a Board of Trustees of the Firemen's Pension Fund hereinafter mentioned. The Chief of the Fire Department of the City of Schenectady shall, on or before December 1 of each year in which a Mayor shall be elected, call a meeting of said Fire Department to be held on the first Tuesday following the first Monday in December of such year for the purpose of electing two members of said Department to be trustees of said Firemen's Pension Fund. Each member of said Department shall be entitled to vote for two members of said Fire Department for the office of trustee of the said fund. Voting shall be by ballot and shall be secret. The two members having the highest vote shall be declared elected. The Chief of the Fire Department shall designate two members of said Department who shall, with himself, canvass the votes and declare the result. The two members of the Fire Department to elected as trustees of said fund shall take office on the first day of January following such election and shall serve for four years. In the event that a vacancy shall occur in the office of a trustee so elected, the Chief of the Fire Department shall appoint a member of the Fire Department to fill such office of trustee for the remainder of the unexpired term. The Mayor of the City of Schenectady shall be President of said Board, the City Manager of the City of Schenectady shall be Secretary of said Board, and the Director of Finance of the City of Schenectady shall be Treasurer of said Board. Said Board of Trustees shall have charge or administer said fund and, from time to time, invest the same or any part thereof as they shall deem most beneficial to said fund in such securities as savings banks of the State of New York are permitted to invest in and are empowered to make all necessary contracts and take all necessary and proper action and proceedings in the premises, and to make payments from said fund or pensions granted in pursuance to this Charter. Said trustees shall, from time to time, establish such rules and regulations for the administration of the Firemen's Pension Fund as they may deem best. They shall report in detail the condition of the fund at the close of each fiscal year of the Fire Department through their Secretary to the Council, and said report shall be published with the annual report of the Fire Department. No payment whatever shall be allowed or made by said trustees as rewards, gratuities or compensation to any person for salary or services rendered to or for said Board of Trustees. (L. 1907, Ch. 182, § 1; L.L. No. 1-1926, § 1; L.L. No. 2-1939)
B.
Assets of fund.
(1)
The Permanent Firemen's Pension fund shall consist of:
(a)
All fines imposed upon members of the Fire Department by the
Commissioner of Public Safety.
(b)
All rewards, fees, gifts, testimonials and emoluments presented,
paid or given to said fund or to any member of the Fire Department
for or on account of fire services shall be applied to this fund.[1]
[1]
Editor's Note: Former Subsection (3), which immediately followed
this section, was repealed by L.L. No. 2-1960.
(c)
All moneys, pay, compensation or salary or any part thereof
forfeited, deducted or withheld from any member of the Fire Department
on account of absence from duty and lost time shall be paid monthly
to the custodian of the Permanent Firemen's Pension Fund.
(2)
The City shall contribute annually from moneys received by the Director
of Finance raised by general municipal taxation, an amount equal to
6% of the payroll of the members of the permanent fire force who are
members of the Permanent Firemen's Pension Fund of the City of Schenectady
for the year 1940, 7% for the year 1941, 8% for the year 1942, and
9% for the year 1943, and for each and every succeeding year thereafter,
which amounts shall be transferred annually to the benefit of the
Permanent Firemen's Pension Fund of the City of Schenectady.
(3)
The City shall also pay on account of any member or officer of its Fire Department who has duly elected, or which hereafter duly elects to contribute the additional amount required for the purpose of retiring after 25 years of service, as provided by Subdivision 1 of § 68-6 of the Civil Service Law, or any subsequent amendments thereto, the entire additional cost on account of the fire services rendered by such officer or member of the Fire Department prior to the date of the adoption of this local law, and the City shall further pay 75% of the additional cost on account of fire service rendered by such officer or member of the Fire Department after the date of the adoption hereof.
(4)
In the event that the annual income of the aforesaid fund is insufficient
for the payment of pensions and all other legal disbursements from
said fund, the Board of Trustees of said fund may, if in their opinion
they deem it advisable, use the assets of said fund to meet the deficiency
but only to the extent of 5% of the entire fund in any one year. In
the event that the Board of Trustees of said fund does not draw on
the assets of the fund as aforesaid to meet the deficiency, or if
after drawing on the assets of the fund as aforesaid, there is still
a remaining deficiency, the City shall include such additional sums
of money as may be necessary to meet the deficiency in its annual
estimate of revenues and expenses of the City for the fiscal year
and the amount of said deficiency shall be paid by the City to the
Permanent Firemen's Fund at the same time that the City pays into
said fund its annual contribution to said fund. Upon the retirement
and pensioning of the last member of the permanent fire force, contributions
to the aforesaid fund on the part of the City shall cease and terminate
and pensions to the members may be paid from income of said pension
fund, and if the annual income from said fund is insufficient to meet
the annual pension or other payments, the balance of said pension
or other payments shall be paid out of the principal of said fund
and if before the death of the last pensioner the principal of said
fund has been wholly expended, the remaining members on pension shall
be paid their pensions in the same amount and in the same manner out
of the general funds of the City. If, after the death of all the pensioners,
there is no one living who is entitled to further payments from the
pension fund and there is any part of the principal amount of said
fund remaining, it shall revert to the City and become part of its
general funds.
(5)
In the event that a member of said Permanent Firemen's Pension Fund shall be separated from the service for any cause whatsoever, there shall be paid to him immediately thereafter from the said Permanent Firemen's Pension Fund the amount paid and contributed by him into said fund, together with interest at the rate of 4% per year. In the event that a member of said Permanent Firemen's Pension Fund is retired and pensioned within the provisions of this article and shall die before he has received from said Permanent Firemen's Pension Fund the amount of money paid and contributed by him into said fund, together with interest thereon to be computed at the rate of 4% per year, there shall then be paid to his beneficiary, his contingent beneficiary or to his estate, as provided for in Subsection C(1) hereof, from said fund as of the date of his death, a sum of money equal to the difference between the amount paid by said deceased member into said fund, together with interest thereon to be computed at the rate of 4% per year, and the amount paid to him from said fund in the form of pension or otherwise. (L. 1907, Ch. 182, § 2; L. 1918, Ch. 527, § 1; L.L. No. 1-1926, § 2; L.L. No. 6-1938, §§ 1, 2; L.L. No. 2-1940, § 1; L.L. No. 4-1946, § 1; L.L. No. 2-1960, § 1)
C.
Benefits. The Board of Trustees shall have power, in their discretion,
to retire and dismiss from membership in said fire force and thereupon
grant pensions, as hereinafter provided, to any member of the fire
force of said City who shall have become disabled, mentally or physically,
to widows, children or next of kin of such members, to be paid from
the Firemen's Pension Fund by the Board of Trustees thereof as follows:
(1)
To the widow of any member of the Fire Department who shall have
died while in active service, the amount paid and contributed by said
member into the fund, together with the interest at the rate of 4%
per year, provided that said widow shall, at the time of such death,
have been living with such member, but if there is no such widow and
there is a child or children, then to said child or children of such
member in equal proportions of said sum, and if there is no such child
or children, then the sum shall be paid to the designated beneficiary
or estate of any member. The beneficiary entitled to receive the above
mentioned sum shall be designated by the member of said Fire Department
in writing, and such written designation shall be filed in the office
of the Assistant Mayor - Director of Finance of the City of Schenectady,
New York. In the event no beneficiary shall have been so designated,
or the last designated beneficiary shall have died, then said sum
shall be paid to the estate of the deceased member. The members of
the Fire Department shall be permitted to change the beneficiary named
by filing with said Assistant Mayor - Director of Finance a written
revocation of the prior designation and naming in said writing the
new beneficiary. A member of said Department shall be construed to
be in active service when he is on the payroll as a permanent member
of said Fire Department. The designated beneficiary need not necessarily
be related to the member.
(2)
To any member of such fire force, who whilst in the actual performance
of duty and by reason of the performance of such duty and without
fault or misconduct on his part, shall have become permanently disabled,
physically or mentally so as to be unfitted to perform but a part
of fire duty and so unable to earn his full salary, 1/2 of the salary
of such member shall be paid to him annually during his lifetime.
(3)
The Board of Trustees may release and dismiss from the force and
service any member of the Fire Department upon a certificate of the
City physician or a licensed physician selected by the trustees showing
that such member of whatever age, who has served 20 years, is permanently
disabled, physically or mentally, so as to be unfit for duty, and
place upon the roll of the Firemen's Pension Fund and award and grant
to be paid to such member from said Firemen's Pension Fund, an annual
pension during his lifetime of 1/2 of the full salary or compensation
of such member at the time of such retirement. Any member of the permanent
Fire Department who has been in active service for 25 years may apply
to the Board of Trustees to be placed upon the roll of the Firemen's
Pension Fund and receive from said Firemen's Pension Fund an annual
pension during his lifetime of 1/2 of the full salary or compensation
of such member at the time of such retirement. Said period of 25 years
of service must be one of active service but need not be one of continuous
service. This provision for retirement after 25 years of service is
not mandatory but is discretionary with said officer or member. The
pensions granted under this section shall be for the natural life
of the pensioner and shall not be revoked, repealed or dismissed.
The application for a pension shall set forth at what time, not less
than 30 days subsequent to the execution and filing thereof, the member
desires to be retired, and he shall be retired as of the date set
in the application and placed on the roll of the pension fund, provided
that at the time specified for his retirement his term or tenure of
office shall not have terminated or have been forfeited and provided
further that, upon his request in writing, the member shall be granted
a leave of absence from the date of the filing of such application
until the date the retirement becomes effective. If the applicant
dies prior to the granting of his pension and has not had his office
terminated or forfeited prior to his death, his rights and the rights
of his estate and/or designated beneficiary shall be determined as
if the applicant was retired and placed on the pension rolls as of
the date of the submission of his application to the Board.
(4)
The Board of Trustees may, in their discretion, order any pension
granted, or any part thereof to cease, except in the cases of members
of the fire force retired after 20 years or 25 years, as provided
in the last preceding section, but in all cases said Board of Trustees
shall file a written statement of the reasons which caused them to
order any pension to so cease, and nothing herein contained shall
render the granting or payment of such pensions obligatory to the
Commissioner of Public Safety or upon the trustees of the Firemen's
Pension Fund or chargeable as a matter of right upon said Permanent
Firemen's Pension Fund, except as provided in the last preceding section.
(5)
No member of the fire force shall be awarded, granted or paid a pension
on account of physical or mental disability or disease unless upon
the certificate of the City physician or a licensed physician selected
by the Board of Trustees, which shall set forth the cause, nature
and extent of the disability, disease or injury of the member of the
fire force who may be placed upon the pension roll, and said certificate
shall state distinctly whether or not such disability, disease or
injury was incurred or sustained by said member of the fire force
in the performance of the fire duty, and such certificate shall in
each case be filed with and entered upon the records in the office
of the Commissioner of Public Safety. All or any sums of money in
trust with the comptroller of the City of Schenectady known as the
"Permanent Firemen's Relief or Pension Fund," that has been obtained
by public subscriptions, entertainments and voluntary assessments
shall, within 30 days after the passage and approval of this article,
revert to and shall be a part of and applied to in each and every
case as contained in the provisions of this article.
(6)
The Board of Trustees shall release and retire from the force and
service any member of the fire force who shall nave attained the age
of 65 years on his last birthday and shall place such member upon
the roll of the Firemen's Pension Fund, an award and grant to be paid
to such member from said Firemen's Pension Fund, an annual pension
during his lifetime, the amount of which shall be computed, fixed
and determined in the same manner as now retains in case of retirement
for permanent disability, physical or mental, so as to render member
unfit for duty.
(7)
None of the provisions of this article or any member/members of the
Schenectady fire force, appointed on or after December 31, 1937, and
the pension, retirement benefits, emoluments or awards created by
virtue of the Schenectady Permanent Firemen's Pension Fund shall be
discontinued as to such member/members, but in place and stead of
membership in said Schenectady Permanent Firemen's Pension Fund, from
and after December 31, 1937, such appointee/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, Laws of 1920,
and Chapter 591, Article 5, Laws of 1922, as the same have from time
to time been amended and renumbered. The City of Schenectady hereby
gives its consent and approval to such membership/memberships in the
New York State employees' retirement system of all member/members
of such Schenectady fire force who shall be appointed on and after
December 31, 1937.
(8)
There is hereby authorized pursuant to Chapter 426 of the Laws of
1974 of the State of New York the payment of an additional supplemental
allowance over and above that mandated by Section 207-l of the General
Municipal Law to all retirees under this pension fund by adding thereto
additional per centum in accordance with the following schedule:
|
Year of Retirement
|
Per Centum
|
|---|---|
|
1969 or thereafter
|
0%
|
|
1968
|
4%
|
|
1967
|
5%
|
|
1966
|
6%
|
|
1965
|
6%
|
|
1964
|
7%
|
|
1963
|
7%
|
|
1962
|
8%
|
|
1961
|
8%
|
|
1960
|
9%
|
|
1959
|
9%
|
|
1958
|
9%
|
|
1957
|
9%
|
|
1956
|
10%
|
|
1955
|
10%
|
|
1954
|
10%
|
|
1953
|
10%
|
|
1952
|
10%
|
|
1951 and earlier
|
11%
|
|
(L. 1907, Ch. 182, § 3; L. 1911, Ch. 379, § 1; L.L. No. 1-1926, § 3; L.L. No. 1-1938, § 1; L.L. No. 3-1938, § 1; L.L. No. 1-1939, § 1; L.L. No. 4-1950, § 1: L.L. No. 3-1957, § 1; L.L. No. 2-1958, § 1; 1-20-1975 by L.L. No. 1-1975, § 1)
|
