City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon 4-24-1940 by L.L. No. 2-1940, approved 5-7-1940. Amendments noted where applicable.]
As used in this chapter, the following terms shall mean and include:
BASIC ANNUAL SALARY
The annual salary as fixed and determined annually for officers and members of the Police and Fire Departments by resolution of the Board of Estimate and Contract of the City of Mount Vernon, but not including the cost-of-living adjustment compensation fixed therein. No part of said cost-of-living adjustment compensation shall be regarded as part of the basic annual salary, and such cost-of-living adjustment compensation shall not be deemed to change or increase the basic annual salary of any member of this fund.
[Added 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; amended 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
BOARD OF TRUSTEES
The Board of Trustees hereinafter provided for in § 56-3.
CITY
The City of Mount Vernon.
COMMISSIONER
The Commissioner of Public Safety and the Fire Commissioner.
FINAL AVERAGE COMPENSATION
The highest average basic annual salary, including the cost-of-living adjustment compensation, earned by a member during any five consecutive years of service.
[Added 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
FIREMEN'S PENSION FUND
The pension fund for the paid officers and members of the uniformed force of the Fire Department of the City of Mount Vernon existing prior to the time when this chapter shall take effect, pursuant to Chapter 432 of the Laws of 1914, as amended by Local Law No. 2 for the year 1932.
FORCE
The police force and the uniformed force of the paid Fire Department of the City.
MEMBER
A person who was a member of the police force in the Department of Public Safety or a paid officer or paid member or a probationary paid member of the uniformed force of the Fire Department of the City of Mount Vernon at the time when this chapter shall take effect.
PENSION FUND
Except where otherwise specifically designated, the Mount Vernon Police and Paid Firemen's Pension Fund.
POLICE PENSION FUND
The Police Pension Fund for the police force of the City of Mount Vernon existing prior to the time when this chapter shall take effect, pursuant to Chapter 375 of the Laws of 1902, as amended by Chapter 81 of the Laws of 1919, Local Law No. 3 for the year 1928, Local Law No. 3 for the year 1930, Local Law No. 3 for the year 1932 and Local Law No. 1 for the year 1935.
WIDOW
Surviving spouse married to a member prior to and at the time of his retirement on a pension or at the time of death while in active service in either of said departments.
The Police Pension Fund for the police force of the City existing pursuant to Chapter 375 of the Laws of 1902, as amended, and the pension fund for the paid officers and members of the Fire Department of the City existing pursuant to Chapter 432 of the Laws of 1914, as amended, are hereby consolidated into one pension fund to be known as "Mount Vernon Police and Paid Firemen's Pension Fund." The said Police Pension Fund and pension fund for the paid officers and members of the Fire Department of the City are continued as herein consolidated and provided for in this chapter.
A. 
The pension fund shall be controlled and administered by a Board of Trustees, which shall, subject to the provisions of law, establish rules and regulations for the administration and transaction of the business of such fund and for the control and disposition thereof. Such Board shall consist of:
(1) 
The Mayor, who shall be the Chairman of the Board, with a vote thereon.
(2) 
The Comptroller, who shall be the Treasurer of the fund.
(3) 
A member of the police force of the City chosen from the members of the pension fund by the members of such fund in the police force. At such time when there is no member of the police force who is a member of the pension fund, this Trustee shall be the Commissioner of Public Safety.
(4) 
A paid fireman in the Fire Department of the City designated from the members of the pension fund by the members of such fund in the Fire Department. At such time when there is no paid fireman in the Fire Department who is a member of the pension fund, this Trustee shall be the Fire Commissioner.
(5) 
A citizen of the City appointed by the City Council of the City for a period of five years and who shall serve without compensation.
B. 
The foregoing Board of Trustees shall be the successor to the respective Trustees and Board of Trustees of the Police Pension Fund and the Firemen's Pension Fund merged into the pension fund under this chapter.
C. 
Every act of the Board of Trustees shall be by resolution which shall be adopted by at least a majority vote of all the members of the Board, except that all acts on the part of the Board of Trustees in relation to the investment of funds shall be upon the unanimous vote of the members of the Board present.
D. 
The Board of Trustees shall receive all moneys applicable to the pension fund and deposit the same to the credit of such fund in banks or trust companies to be selected by it and continue to receive and deposit the funds applicable to the same, as received, to the credit of such fund and to invest the same only in such investments as savings banks are authorized by the laws of the State of New York to make, except as hereinafter provided, as such Board of Trustees may deem most advantageous for the object of such fund, and such Board of Trustees shall have the power to make all necessary contracts and to take all necessary remedies and proceedings in the premises. The Board of Trustees is empowered to make payment from such fund, or otherwise, as hereinafter provided, of pensions granted in pursuance of this chapter. Investments in bonds and mortgages, except those which the Federal Housing Administration has insured or has made a commitment to insure, shall be limited to loans not in excess of $20,000 each, secured by mortgages on improved, unencumbered real property in Westchester County used for nontransient residential purposes. If the purpose of any such loan is to purchase improved real property, the amount of such loan shall not exceed 75% of the appraised value or the purchase price being paid, whichever is less; if the purpose of any such loan is refinancing of improved real property, the amount of such loan shall not exceed 75% of the appraised value or the last purchase price paid, whichever is less. The lien of the mortgage held by the pension fund on any such loan shall be superior to all other interests in the real property except taxes and assessments duly levied against the property. No investment shall be made in loans secured by mortgage on real estate when the total amount of such investments held by the pension fund exceeds, or by the making of such investment will exceed, 50% of the assets of the fund.
[Amended 11-12-1959 by L.L. No. 3-1959, approved 12-4-1959; 7-28-1965 by L.L. No. 3-1965, approved 8-11-1965]
E. 
No payment whatever shall be allowed to be made by the Board of Trustees as reward, gratuity or compensation to any person or persons for salary or service rendered to or for said Board, except payment for legal, appraisal, clerical and auditing services. The Board shall have power to incur other expenses than rewards, gratuities or compensation, as aforesaid, necessary to the administration of the fund.
F. 
On or before the first day of February of each year, the Board of Trustees shall make a detailed verified report to the City Council and Board of Estimate and Contract of the City of the condition of the pension fund, how invested and the items, and the disbursements of and an account of the same. Said report shall include a full and detailed statement of the actual income of the pension fund for the preceding calendar year.
G. 
The First Deputy Comptroller shall be Secretary to the Board of Trustees.
[Added by L.L. No. 1-1960, approved 5-9-1960]
The pension fund shall consist of the following:
A. 
The capital, interest, income, dividends, cash deposits, securities and credits in the Police Pension Fund and the Firemen's Pension Fund at the time when this chapter shall take effect.
B. 
A sum of money equal to 6% of the semimonthly proportion of the highest basic annual salary and cost-of-living adjustment compensation of each member of the police force and paid officer and paid member or probationary paid member of the uniformed force of the Fire Department entitled to membership in the pension fund, which sum shall be deducted semimonthly by the Comptroller from the basic annual salary and cost-of-living adjustment compensation of each such member and forthwith paid to the Board of Trustees of the pension fund. Every member shall be deemed to consent and agree to such deductions and shall receipt in full for his basic annual salary and cost-of-living adjustment compensation, and payment less such deductions shall be full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such member during the period covered by such payment, except his claim to the benefits to which he may be entitled under the provisions of this chapter.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
C. 
Such sum or sums as the Board of Estimate and Contract shall determine annually or more often to be necessary for the proper maintenance and operation of the Police and Paid Firemen's Pension Fund shall be appropriated by the City of Mount Vernon and included in the annual estimate and in the annual general tax levy, and the Comptroller shall pay over the moneys so appropriated each year to the Board of Trustees of the pension fund.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-52, 2-10-1954 by L.L. No. 1-1954, approved 3-27-1954; 12-17-1960 by L.L. No. 17-1960, approved 12-30-1960]
D. 
All rewards in money, fees, gifts, testimonials and emoluments that may be paid or given for extraordinary services by any members, except such as have been or shall be allowed by the Commissioner to be retained by such member or members and such as have been or shall be given to endow a medal or other permanent or competitive reward.
E. 
All gifts, grants, devises or bequests to such fund of any money, real or personal property, right of property or other valuable thing.
F. 
If the amount of the actual income of the fund received from investments shall not equal 3% of the moneys invested, the City shall provide a sum equal to but not greater than the difference between the amount which would have been received during such year had the moneys invested earned an income of 3% and the actual income received. Such difference shall be determined annually at the close of each fiscal year and certified by the Board of Trustees to the Board of Estimate and Contract and the City Council of the City and shall be included in the following annual estimate and tax levy after such certification, and the Comptroller shall pay over the moneys so appropriated to the Board of Trustees of the pension fund.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 12-17-1960 by L.L. No. 17-1960, approved 12-30-1960]
G. 
In addition to all other payments, commencing January 1, 1966, the City of Mount Vernon shall pay a sum of money equal to 6% of the basic annual salary of each member of the police force and paid officer or paid member of the uniformed firemen of the Fire Department entitled to membership in the pension fund, which sum shall be paid by the Comptroller to the Board of Trustees of the pension fund in the same manner as other payments are made by the City, and the payments required to be made under § 56-4B shall be reduced accordingly.
[Added 12-17-1960 by L.L. No. 18-1960, approved 12-30-1960; amended 4-20-1966 by L.L. No. 1-1966, approved 5-4-1966]
[Amended 12-17-1960 by L.L. No. 18-1960, approved 12-30-1960]
The liability of the City to contribute to the pension fund and for the payment of any benefits thereunder shall be confined to such sums as are hereinabove provided for in § 56-4C, F and G of the preceding section, and the City shall not be liable beyond said sums. Nothing in this chapter contained shall be construed as in any manner binding or holding the City for any pension or other moneys payable from the pension fund beyond the amounts hereinabove provided in said § 56-4C, F and G.
No member of the police force or paid Fire Department of the City appointed after this chapter shall take effect, except probationary members who shall have been appointed for the probationary period prior to the time when this chapter shall take effect, shall be or become a member of any pension system of the City or shall be required to pay any money or part of any salary or compensation to a City pension fund, and no such person, his widow, children or dependents shall be entitled to receive or be granted or paid any pensions, annuity, allowance or moneys from such pension fund.
A. 
Upon the recommendation in writing of the Commissioner, the Board of Trustees shall retire any member who, upon an examination as provided hereinafter in this section, may be found to be disqualified, physically or mentally, for the performance of his duties. Such member so retired shall receive from said pension fund an annual allowance or pension as provided in this section. In every case such Board shall determine the circumstances thereof, and such pension or allowance so allowed is to be in lieu of any salary received by such member at the time of his being so retired. The Department or the City shall not be liable for the payment of any claim or demand for services thereafter rendered, and the amount of such pension or allowance shall be determined upon the following conditions:
(1) 
In case of total permanent disability at any time caused in or induced by the actual performance of the duties of his position, the amount of annual pension to be allowed shall be 3/4 of the final average compensation received by such member during his service as a member of the Police or Fire Department of the City.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952; 1-11-1961 by L.L. No. 1-1961, approved 1-25-1961]
(2) 
In case of partial permanent disability at any time caused in or induced by the actual performance of the duties of his position which disqualifies him only from performing active duty in the force, the member so disabled may be relieved by the Commissioner from active service and assigned to the performance of such light duties as the Police Surgeon in the case of the members of the police force, or a medical officer ordered by the Fire Commissioner in the case of a member of the uniformed force of the paid Fire Department, may certify him to be qualified to perform, or he shall be retired by the Board of Trustees upon the written recommendation of the Commissioner at 3/4 of his final average compensation received by him during his service in the Police or Fire Department, on a medical examination showing that his disability is permanent.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952; 1-11-1961 by L.L. No. 1-1961, approved 1-25-1961]
(3) 
In case of total permanent disability not caused in or induced by the actual performance of the duties of his position which shall occur after the expiration of five years' service but prior to the expiration of 10 years' service in such Department, the amount of the annual pension to be allowed shall be 1/3 of the final average compensation received by such member during his service in the Department but not less than $2,000 per annum. In case such total permanent disability shall occur after the expiration of 10 years' service in such Department, the amount of the annual pension to be allowed shall be 1/2 of the final average compensation received by such member during his service in the Department but not less than $2,000 per annum.
[Amended 9-23-1942 by L.L. No. 4-1942, approved 10-7-1942; 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952; 9-25-1963 by L.L. No. 3-1963, approved 10-9-1963]
(4) 
In case of partial permanent disability not caused in or induced by the actual performance of the duties of his position which may occur after five years' service in such Department, the member so disabled may be relieved by the Commissioner from active service but shall remain a member of the force subject to the rules governing such force and be assigned to the performance of such duties as the Police Surgeon in the case of police officers, or the medical officer ordered by the Fire Commissioner in the case of paid officers or paid firemen, may certify him to be qualified to perform, or if such member be retired by the Board of Trustees after the expiration of five years' service but prior to the expiration of 10 years' service in such Department, the amount of annual pension to be paid to such member shall be 1/3 of the final average compensation received by such member during his service in the Department. If such member is retired by the Board of Trustees after the expiration of 10 years' service in such Department, the annual pension to be paid to such member shall be 1/2 of the final average compensation received by such member during his service in the Department.
[Amended 9-23-1942 by L.L. No. 4-1942, approved 10-7-1942; 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
(5) 
No member shall receive or draw any benefit for total or partial permanent disability not caused in or induced by the actual performance of the duties of his position which may occur before the expiration of five years' service in the Department.
B. 
Notwithstanding any other provision of this chapter, it shall be compulsory for a member to retire upon reaching the age of 65 years.
C. 
Any member who shall have performed service in the police force or as a paid officer or paid member of the uniformed force of the Fire Department of the City for at least 25 years, upon his own application in writing, shall be, or upon the written recommendation of the Commissioner, may be, retired from such force and service and be placed on the roll of the pension fund and awarded and granted, to be paid from such fund, an annual pension during his lifetime of an amount equal to 1/2 his annual compensation earnable upon the date of his retirement but not less than $2,250 per annum. Said minimum sum of $2,250 shall be payable to those members who have already retired or who shall hereafter retire.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952; 9-25-1963 by L.L. No. 3-1963, approved 10-9-1963; 8-10-1966 by L.L. No. 3-1966, approved 8-23-1966; 12-14-1966 by L.L. No. 7-1966, approved 12-30-1966]
D. 
All medical examinations required by or made pursuant to the provisions of this chapter shall be conducted by the Police Surgeon in connection with members of the police force, and by a medical examiner ordered by the Fire Commissioner in connection with paid officers and paid members of the uniformed force of the Fire Department, who are members of the pension fund; provided, however, that any member, within 30 days after receipt of the decision of such Police Surgeon or medical examiner, as the case may be, may request in writing that the decision of such Police Surgeon or medical examiner be reviewed by a special medical board which shall consist of such Surgeon or medical examiner and a doctor selected and compensated by such member. The decision of such special board shall supersede the decision of such Police Surgeon or medical examiner. In the event that the two doctors of the special board shall disagree, a recognized specialist on the condition, disease or injury for which such member has been examined or for which disability is claimed shall be selected by such doctors to be a third member of the special board. The decision of a majority of the three members of such special board shall be final and conclusive as to the matters involved in such examination. The specialist selected by the two doctors of the special board shall be compensated by the City. Such compensation shall be fixed by the Board of Estimate and Contract.
E. 
The Board of Trustees shall have the power to grant, award or pay a pension on account of physical or mental disability or disease, only upon a certificate of the surgeon or medical officer, as the case may be, after examination as provided in Subsection D of this section. Such certificate shall set forth the cause, nature and extent of the disability, disease or injury of such member.
F. 
Every member hereafter retired on a pension under and pursuant to this section shall submit to examination by the Police Surgeon in the case of police officers, or the medical officer in the case of paid officers or paid firemen of the uniformed force, from time to time whenever required to do so by the Board of Trustees. If said Police Surgeon or medical examiner, as the case may be, shall certify to the Board that the member's disability has ended and that such member is again able to perform active service, the member's pension shall, as soon thereafter as there is a vacant position on the force of the kind held by such member at the time of his retirement, cease or be suspended, as the Board of Trustees may by resolution determine; and the said member shall thereupon be restored to active duty by order of the Commissioner, with the same force and effect as if such member had never been pensioned or certified for disability. The provisions of Subsection D of this section shall also apply to such case hereinabove provided in this subsection.
G. 
No pension shall be awarded or granted on account of the physical or mental disability or disease when disability or disease is caused by the culpable negligence or misconduct of the disabled or diseased member.
H. 
The granting of a pension on severance from service for fault or delinquency shall not be a matter of right, but a pension may be granted in consideration of special circumstances by the Board of Trustees and a vote of at least 2/3 of all the members of such Board. No member who shall otherwise be entitled to retirement and the granting of a pension shall be entitled to a pension as a matter of right if such retirement is applied for during the pendency of charges brought against such member while performing active service in the force for fault or delinquency.
I. 
The terms "total permanent disability" and "partial permanent disability," as used in this section, may be defined in the rules and regulations of the Board of Trustees.
J. 
Except as otherwise provided, the pensions granted under this section shall be for the life of the pensioner and shall not be revoked, repealed or diminished. Except as otherwise expressly provided herein, in no event shall any pension allowed or granted under this chapter exceed an amount equal to 1/2 the annual compensation earnable upon the date of retirement plus an additional pension of 1/60 of his or her final compensation as additional retirement benefits for each year of additional service only as provided for in Subsection N of this section.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952; 1-11-1961 by L.L. No. 2-1961, approved 1-25-1961; 12-14-1966 by L.L. No. 7-1966, approved 12-30-1966]
K. 
In computing the 25 or more years of service of a member, full credit shall be given and full allowance shall be made for service of such member for the period he served as a member of the Armed Forces of the United States within the period commencing July 1, 1940, and terminating December 31, 1946, if such member has been honorably discharged or released under honorable circumstances and who was at the time of his entrance into the Armed Forces of the United States a member of his pension fund. Contributions heretofore paid by any such member into this pension fund in order to receive credit for service in World War II for the period aforestated shall be treated as excess contributions, and such contributions may be withdrawn by a member at any time prior to retirement.
[Added 11-26-1947 by L.L. No. 4-1947, approved 12-8-1947]
L. 
Any member resigning or being dismissed for any reason whatsoever before being eligible to receive a pension hereunder shall have all moneys, without interest, contributed by such member to the pension fund returned to him.
[Added 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950]
M. 
Any member dying before being eligible to receive a pension hereunder and having no dependent widow, father, mother, child, brother or sister shall have all moneys, without interest, contributed by such member to the pension fund returned to his estate.
[Added 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950]
N. 
Final compensation.
[Added 1-11-1961 by L.L. No. 2-1961, approved 1-25-1961]
(1) 
As used in this section, the following terms shall have the meanings indicated:
FINAL COMPENSATION
The highest average annual compensation earned during any three consecutive years for services as a member of the police force or a paid member of the uniformed force of the Fire Department of the City of Mount Vernon.
[Amended 12-23-1975 by L.L. No. 1-1976, approved 1-5-1976]
MINIMUM PERIOD
A period of 25 years as prescribed by Subsection C of this section.
(2) 
Notwithstanding any other provisions herein and in lieu of any lesser amount provided herein, effective March 24, 1960, in the event that a member of the police force or a paid officer or paid member of the uniformed force of the Fire Department of the City of Mount Vernon has served as such for his minimum period and thereafter continues in such service upon his subsequent retirement, there shall be added to the amount of the annual pension or retirement allowance to which a member of the police force or a paid officer or paid member of the uniformed force of the Fire Department was entitled upon completion of such minimum period an additional amount computed at the rate of 1/60 of such policeman's or fireman's final compensation for each year of such additional service.
A. 
The Board of Trustees of the pension fund shall grant pensions out of said pension fund as follows:
(1) 
To the widow, if any, or other dependent of any member of the force killed while in the actual performance of police or fire duty, as the case may be, and by reason of the performance of such duty, without fault or misconduct on his part, or who shall have died from the effect of injuries received in the actual discharge of such duty, a sum equal to 1/2 of the final average compensation received by such member during his service as a member of the Police or Fire Department of the City. If there be also any child or children of such member under the age of 16 years, then the said sum may be divided between said widow and child or children or other dependent in such proportions and in such manner as the said Board of Trustees may determine, the granting or refusing of any pensions under this subsection to any person other than the dependent widow, father, mother, child, brother or sister to rest entirely in the discretion of the Board of Trustees.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952]
(2) 
To any child or children under 16 years of age of such member killed or dying as aforesaid in the performance of duty but leaving no widow, a sum equal to 1/2 of the final average compensation received by such member during his service as a member of the Police or Fire Department of the City, which shall be apportioned among several children, if there be more than one, as determined by the Board of Trustees of the pension fund.
[Amended 6-14-1950 by L.L. No. 2-1950, approved 6-29-1950; 5-28-1952 by L.L. No. 1-1952, approved 6-16-1952[1]]
[1]
Editor's Note: L.L. No. 1-1952, adopted 5-28-1952 and approved 6-16-1952, as amended by L.L. No. 2-1952, adopted 9-10-1952 and approved 9-25-1952, stated that the benefits provided in the preceding sections of the local law should be applicable to any member who had retired subsequent to January 1, 1952, and who had made or thereafter made the necessary contributions to said fund, but should not be applicable to any member in retirement from service on a pension or retirement allowance prior to January 1, 1952.
(3) 
To the widow of any member of the force who shall die of natural causes after five years on said force or who shall have been retired on a pension, if there be no child or children of any such member under 16 years of age, effective January 1, 1962, a sum not exceeding $900 per annum, and effective January 1, 1963, a sum not exceeding $1,200 per annum; for the year 1971, a supplemental allowance of $300 payable as soon as practicable, and effective January 1, 1972, and thereafter, a sum not exceeding $1,800 per annum, and effective January 1, 1973, and thereafter, a monthly sum computed at a rate not exceeding $2,400 per annum, but if there be any child of such member under the age aforesaid, then the said sum may be divided between such widow and child or children in such proportions and in such manner as the Board of Trustees may determine.
[Amended 10-11-1961 by L.L. No. 55-1961, approved 10-26-1961; 7-1-1971 by L.L. No. 7-1971, approved 7-13-1971; 1-12-1972 by L.L. No. 2-1972, approved 1-27-1972; 12-27-1972 by L.L. No. 1-1973, approved 1-12-1973]
(4) 
To the person depending for support on such member dying of natural causes as aforesaid, leaving no widow or child, a sum to be paid in such manner as the Board of Trustees may direct, not to exceed an aggregate of $600 per annum to all such dependents of any member dying as aforesaid.
B. 
Pensions to widows shall terminate upon the death or remarriage of the widow, and pensions to children shall terminate when each shall respectively arrive at the age of 16 years or upon the death or marriage of the child; pensions to dependent parents shall terminate at death. If such payment to the widow of such member shall cease by reason of her death or remarriage, the said Board shall make payment to the child or children or dependent parent or parents of such member, if any, as though he had died without leaving a widow surviving him.
All pensions and allowances payable out of the pension fund pursuant to the provisions of this chapter shall be paid in equal monthly installments, each 1/12 in amount of the sum allowed as the annual pension or allowance or in ratably smaller amounts when the benefit begins after the first day of the month or ends before the last day of the month.
[Added 5-24-1961 by L.L. No. 53-1961, approved 6-6-1961]
A member may authorize the Trustees to pay premiums on his City health insurance coverage by delivering to the Secretary of the Board of Trustees, in person or by mail, a notice of election in writing, on a form to be furnished by the Comptroller, authorizing the Trustees to make monthly deductions from such member's retirement allowance of the amount required to pay his premium for City health insurance coverage.
Nothing herein contained shall be construed to deprive any person of any accrued right to benefits in the Police Pension Fund or the Firemen's Pension Fund existing immediately prior to the date on which this chapter takes effect, and any such right shall be allowed in accordance with the provisions of law then in force.
Any assets of the pension fund remaining after all pensions, benefits and other liabilities of the fund, as provided under this chapter, shall have been paid and discharged, shall thereupon become the property of the City and shall be turned over to the City Comptroller for payment into the City treasury.
A. 
For the purpose of this chapter, the Board of Trustees of the pension fund is hereby authorized to administer oaths and take acknowledgments, and any person who shall willfully swear falsely in any oath or affirmation in obtaining or procuring any pension or payments thereof under the provisions of this chapter shall be guilty of perjury.
B. 
Every person who knowingly or willfully procures the taking or presentation of any false affidavit or affirmation concerning any claim for pension thereof shall in every such case forfeit a sum not exceeding $250, to be sued for and recovered by and in the name of the Board of Trustees. The amount so recovered, exclusive of costs, shall be paid over and become a part of the pension fund.
C. 
The moneys, securities and effects of the pension fund and all pensions granted and payable from said pension fund shall be and are exempt from execution and from all process and proceedings to enjoin and recover the same by or on behalf of any creditor or any person having or asserting any claim against or debt or liability of any pensioner of said fund.
Any person who shall knowingly make any false statement or who shall falsify or permit to be falsified any record or records of this pension fund shall be guilty of a misdemeanor. Should any change or error of records result in any member or beneficiary receiving from the pension fund more or less than he would have been entitled to receive otherwise, on the discovery of any such error such Board shall correct such error and, as far as practicable, shall adjust future payments in such a manner that the equivalent of the benefit to which he was entitled shall be paid.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Nothing contained in this chapter is intended or shall be construed as creating any officers' or employees' retirement system.
A. 
Where any bond or undertaking has been given to or in favor of the people of the State of New York, the City, the Police Pension Fund or the Firemen's Pension Fund, such bond and undertaking shall not in any manner be impaired but shall continue in full force until the Board of Trustees of the pension fund as defined in this chapter shall have adopted rules and regulations with respect to the furnishing of such bonds and undertakings, and the powers of the Trustees of the Police Pension Fund and the Board of Trustees of the Firemen's Pension Fund shall hereafter be exercised and discharged by the Board of Trustees of the pension fund as defined in this chapter.
B. 
Where any contract has been entered into by the Trustees of the Police Pension Fund or Board of Trustees of the Firemen's Pension Fund prior to the time of taking effect of this chapter, such contracts shall not in any manner be impaired but shall continue in full force, and the powers conferred and the duties imposed with reference to the same upon such Trustees and Board of Trustees shall hereafter be exercised and discharged by the Board of Trustees of the pension fund as defined in this chapter.
Chapter 375 of the Laws of 1902, entitled "An Act to Provide for a Police Pension Fund for the Police Force of the City of Mount Vernon," as amended by Chapter 81 of the Laws of 1919, by Local Laws No. 3 for the year 1928, No. 3 for the year 1930, No. 3 for the year 1932 and No. 1 for the year 1935, and Chapter 432 of the Laws of 1914, entitled "An Act to Establish a Pension Fund for the Paid Officers and Members of the Fire Department of the City of Mount Vernon," as amended by Local Law No. 2 of 1932, and all parts thereof, insofar as inconsistent with the provisions of this chapter, are hereby repealed.
This chapter shall take effect 45 days after its adoption, pursuant to the provisions of the City Home Rule Law.