S T A T E O F N E W Y O R K
________________________________________________________________________
1029
2009-2010 Regular Sessions
I N S E N A T E
January 22, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the administrative code of the city of New York, in
relation to the benefits payable by the police officer's variable
supplements fund provided for in such code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 13-268 of the administrative code
of the city of New York, as amended by chapter 247 of the laws of 1988,
is amended to read as follows:
5. "Pension fund beneficiary". [Any] EXCEPT AS PROVIDED IN SUBDIVISION
F OF SECTION 13-271 OF THIS SUBCHAPTER, ANY person who receives a
retirement allowance by reason of having retired, on or after October
first, nineteen hundred sixty-eight, for service (with credit for twenty
or more years of service creditable toward the minimum period) as a
member of pension fund, subchapter one or pension fund, subchapter two
and as a police officer.
S 2. Paragraph 2 of subdivision e of section 13-270 of the administra-
tive code of the city of New York, as added by chapter 247 of the laws
of 1988, is amended to read as follows:
(2) The actuary shall base such annual valuation of liabilities only
(A) upon the persons who, as of each such June thirtieth, are pension
fund beneficiaries OR PERSONS ELIGIBLE TO RECEIVE SUPPLEMENTAL BENEFITS
PURSUANT TO SUBDIVISION F OF SECTION 13-271 OF THIS SUBCHAPTER and (B)
upon the persons who, being police officers in service as of such June
thirtieth, may be actuarially expected to retire thereafter as police
officers for service with twenty or more years of service creditable
toward the minimum period.
S 3. Section 13-271 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06802-01-9
S. 1029 2
F. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBCHAPTER OR
ANY BENEFIT PLAN OR PAYMENT RESOLUTION THAT WAS IN EFFECT PRIOR TO JULY
FIRST, NINETEEN HUNDRED EIGHTY-EIGHT, ANY DISCONTINUED MEMBER AS DEFINED
IN SUBDIVISION TWENTY-TWO OF SECTION 13-214 OF THIS CHAPTER, WHO DISCON-
TINUED SERVICE AS A POLICE OFFICER ON OR AFTER JULY FIRST, NINETEEN
HUNDRED SIXTY-NINE, BUT PRIOR TO JULY NINETEENTH, NINETEEN HUNDRED
EIGHTY-NINE SHALL BE DEEMED TO BE A PENSION FUND BENEFICIARY FOR
PURPOSES OF ELIGIBILITY TO RECEIVE SUPPLEMENTAL BENEFITS UNDER THIS
SECTION FOR ANY PERIOD OF TIME FOR WHICH SUCH DISCONTINUED MEMBER
RECEIVES PAYMENTS OF A DEFERRED RETIREMENT ALLOWANCE PURSUANT TO SECTION
13-256 OF THIS CHAPTER, AND THE DATE OF RETIREMENT OF SUCH DISCONTINUED
MEMBER, FOR PURPOSES OF APPLYING THE REQUIREMENTS OF THIS SECTION WHICH
DETERMINE THE ELIGIBILITY OF A PENSION FUND BENEFICIARY TO RECEIVE
SUPPLEMENTAL BENEFITS UNDER THIS SECTION, SHALL BE DEEMED TO BE THE
FIRST DAY OF THE PERIOD FOR WHICH SUCH DISCONTINUED MEMBER FIRST BEGAN
RECEIVING PAYMENTS OF A DEFERRED RETIREMENT ALLOWANCE PURSUANT TO
SECTION 13-256 OF THIS CHAPTER.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 1988.