Chapter 5: FDNY Pension Manual Tier 1 Tier 2

New York City Fire Pension Funds

Summary Of Funds Benefits

Tier I – Tier II

Fiscal Year Ended June 30, 2022

Summary Funds and Options Benefits

TIERS I & II

The New York City Fire Department Pension Fund, Subchapter II, (the “Fund”) is a corporation, separate from the Fire Department of The City of New York. All uniformed employees of the Department become members of the Fund, upon appointment.

MEMBERSHIP

TIERS

Firefighters who became members of the Fund before July 1, 1973 are Tier 1 members. Firefighters who became members of the Fund between July 1, 1973 and June 30, 2009 are Tier II members.

ORIGINAL PLAN – PRE-JULY 1, 1981 MEMBERS

Prior to July 1, 1981, all members of the Fund were enrolled in the “Original Plan.” After the Fund was financially restructured in 1981, the “Original Plan” was closed to new entrants and the “Improved Benefits Plan,” which covers all firefighters hired on or after July 1, 1981, was adopted. It provided some increases in benefits, along with somewhat higher member and City contributions.

Although closed to new entrants, the “Original Plan” covered pre- July 1, 1981 members who had not elected to transfer to the “Improved Benefits Plan.” Legislation enacted in 1986 permitted such transfers in June, July, and August of every year.

IMPROVED BENEFITS PLAN (IBP) – POST- JUNE 30, 1981 MEMBERS

All firefighters who become members of the NYC Fire Pension Fund on or after July 1, 1981 are covered only by the “Improved Benefits Plan” (IBP). Unless specifically stated otherwise, all information in this summary refers to members of the IBP only.

SUMMARY

 

Date of Membership

Tier

Applicable Plan

Pre- July 1, 1973

1

Original of Improved Benefits Plan

July 1, 1973 to June 30, 1981

2

Original of Improved Benefits Plan

July 1, 1981 to June 30, 2009

2

Improved Benefits Plan

Members with a membership date or equated date between June 17, 1971 and June 30, 1973 are subject to the limitations on final salary imposed by the Kingston Law.

KINGSTON LAW LIMITATIONS

For all members of the Fund appointed between June 17, 1971 and June 30, 1973, the pensionable compensation for the final year of service is limited to 120% of the pensionable compensation for the year immediately preceding the final year. For example, a member’s final year of service is July 6, 2009 through July 5, 2010. If between July 6, 2008 and July 5, 2009 the member earned $90,000.00 in pensionable salary, holiday pay, night-shift differential, and overtime, the final year pensionable compensation cannot exceed $108,000 ($90,000 X 120%).

CONTRIBUTIONS

REQUIRED EMPLOYEE CONTRIBUTIONS

Tier I and Tier II members contribute a percentage of all earnings through payroll deductions to a 20-year plan. The contribution rate is based on age at appointment. Member contributions earn interest, currently 8 ¼% per year. Contributions are required for the first twenty (20) years of allowable fire service. After 20 years, contributions will continue unless the member submits a written request to the Pension Fund to discontinue the contributions.

Contributions and any interest earned are referred to as “accumulated deductions.” The amount of accumulated deductions required to be in the member’s account at any given time is referred to as the “minimum required contribution.” The total minimum required contribution is determined on the member’s 20th anniversary. Contributions made above the minimum required are referred to as “excess” contributions.

TAXATION

Contributions made before December 1989 were federally taxed. Regular contributions made since December 1989 are federally tax-deferred as per section 414(h) of the Internal Revenue Code but are subject to state and local income taxation. Thus, upon retirement or termination, withdrawal of these contributions and interest earnings will be subject to federal taxation only. Members who are under the age of 50 may be subject to an additional 10% federal tax penalty and should consult a tax advisor before withdrawing excess contributions at retirement. Minimum required contributions may not be withdrawn except upon separation from service before retirement (i.e. resignation or termination).

VOLUNTARY EMPLOYEE CONTRIBUTIONS 50% INDICATOR

Members may make additional contributions equal to 50% of their required employee contributions on a voluntary basis. Since these contributions are not covered by section 414(h) of the Internal Revenue Code, they are subject to immediate federal, state and city income taxation. These additional contributions will also increase a member’s excess contributions, which will provide an additional annuity, or may be withdrawn as a lump sum, at retirement.

ITHP WAIVER

The City of New York makes employer contributions to the Fund. The City of New York also pays a portion of employee contributions. These contributions are called “Increased- Take-Home-Pay” (ITHP) and currently equal 5% of gross salary. For example, assume an employee contribution rate of 7.3% of pay. With ITHP, the member contributes 2.3% (the “minimum required contribution”) and the City contributes 5%.

Members may waive the ITHP and contribute at the full employee rate. These additional contributions are covered by section 414(h) of the Internal Revenue Code and are therefore federally tax deferred. Although this lowers take-home pay during employment, it results in either a greater annuity at retirement or a lump-sum return of any excess. For example, assume a contribution rate of 7.3% of pay, and the employee waives the ITHP. While the employee contributes 7.3% of pay, the City of New York continues to make ITHP contributions equal to 5%. Excess tax-deferred 414(h) contributions are taxable in the year withdrawn.

NOTE: Effective October 1, 2000, the 2.5% amount represents the required contributions.

HOW TO REDUCE PAYROLL DEDUCTIONS (138-b REGULATIONS)

To increase take-home pay, required employee contributions may be reduced up to the amount of Social Security (FICA) contributions. If required contributions are less than FICA contributions, the member will not be making any pension contributions, thereby creating a deficit in his/her retirement account. For example, assume a member has a pension contribution rate of 7.5%. The required contribution rate is 2.5%, and the ITHP is 5%. Under the 138-B election, the member will not be making any pension contributions as long as his/her required contribution rate of 2.5% is less than the current Social Security rate. If the percentages change and the required contribution rate becomes greater than the FICA rate, the member would contribute the difference into the retirement account.

If the 138-B option is elected, Social Security benefits will not be affected. However, the value of the retirement allowance will be reduced because it is based in part on required employee contributions and the interest earned thereon. After maximum Social Security contributions have been reached during any calendar year, pension contributions will resume.

EXCESS CONTRIBUTIONS

At retirement, Service and Accidental Disability retirees can choose to take any excess contributions as either a lump-sum payment or as an additional annuity. Members retiring for Ordinary Disability are required to take a lump-sum payment of any excess. Members are reminded that a withdrawal of 414(h) contributions and interest is subject to federal tax in the year withdrawn. In addition, members who are under age 50 at retirement may also be subject to an additional 10% federal tax penalty and should consult a tax advisor prior to withdrawal. Retiring members may request a direct rollover of any taxable excess into a qualified plan such as the NYC Deferred Compensation/401K plans or an IRA, in order to defer payment of federal tax.

CREDITED SERVICE

Credited service is classified as uniformed service or non-uniformed service.

ALLOWABLE FIRE SERVICE

Twenty (20) years of allowable fire service are required for Service Retirement. Such service includes:

All member service rendered as a uniformed member of the New York City Fire Department in the competitive class of the civil service.

Credit for service rendered in the uniformed force of the New York City Police Department immediately preceding service in the uniformed force of the New York City Fire Department, provided application for such credited service is made within prescribed time limits and such credited service is transferred to the Fund.

New York City Employees’ Retirement System (NYCERS) uniformed force service rendered immediately before appointment as a uniformed member of the New York City Fire Department, provided application for such credited service is made within prescribed time limits and such credited service is transferred to the Fund. Uniformed service from NYCERS includes uniformed service in the Department of Correction, Sanitation, as well as service as an Emergency Medical Technician (EMT) or Fire Alarm Dispatcher.

All allowable Peace Officer service (as defined in Section 2.10 of the Criminal Procedure Law), service as Sheriff, Marshal, or D.A. Investigator, and any position specified in Appendix A of the agreement dated October 27, 2005 among the City of New York, the Uniformed Firefighters’ Association and the Uniformed Fire Officers’ Association.

Credit for any service rendered while a member of the New York State Policemen’s and Firemen’s Retirement System or the New York State & Local Retirement System, provided application for such credited service is made within prescribed time limits and such credited service is transferred to the Fund.

Credit for up to five (5) years of military service, provided the member was a member of a City retirement system at the time they entered military service and they immediately returned to City service upon discharge from the military.

Uniformed Services Employment & Reemployment Rights Act (USERRA) credit for members called off a Military Preferred List.

BUYBACK CREDIT

Chapter 646 of the Laws of 1999 – Tier Reinstatement: this law amends RSSL §645 and permits a member, who was previously a member of any New York public retirement system, to be deemed to have become a member of the current retirement system as of the original date of such previous ceased membership. Chapter 646 may allow for a tier change or tier reinstatement.

Military Service, RSSL §1000: this allows a member to purchase credited service for up to three years of military service rendered prior to the commencement of public employment. A member must have at least five years of pension credit to be eligible to receive credit under this law.

Chapter 552 of the Laws of 2000 – Prior Service Credit: this law allows a member who was eligible for membership in any of the New York State or New York City retirement systems, but did not become a member of such system, to purchase pension credit for the period of time that they were eligible for membership. It also permits a member to purchase pension credit for membership service in any New York City or State retirement system that may have been lost or withdrawn. Service purchased pursuant to Chapter 646 can either be non-uniformed service, which increases the pension’s value but does not change the retirement date, or it can be uniformed service, which changes the retirement date.

OTHER CREDITED SERVICE

Other Credited Service is any New York City service (except Teachers’ Retirement System service) which is not considered allowable credited service. It counts as additional service credit after completing the required twenty (20) years and includes service rendered while a member in a non-uniformed position with the New York City Employees’ Retirement System and membership in the Board of Education Retirement System.

However, there is no credit for prior non-uniformed service for members who are granted an accidental disability pension. Uniformed service credit that does not immediately precede uniformed service in the New York City Fire Department is Other Credited Service.

RETIREMENT PROCESS

SERVICE RETIREMENT

Members may retire for service (non-disability) after completing 20 years of uniformed service. To initiate Service Retirement, Form FPF 175 (formerly BP-165) must be submitted through the chain of command. The Fund’s Retirement Counseling Unit must receive the form at least thirty (30) days before the date on which the member wishes to retire and at least ten (10) days before the date on which usage of accrued and terminal leave begins.

WITHDRAWAL OF SERVICE RETIREMENT APPLICATION

If a member has begun to utilize terminal leave and decides to withdraw their application for retirement, the FDNY Bureau of Health Services must evaluate the member for a duty determination before he/she can return to full duty.

DISABILITY RETIREMENT

A member may apply for either ordinary disability (non-service connected) retirement or accidental disability (service connected) retirement, or both. Applications for service or non-service incurred disability retirement shall be submitted to the Fire Commissioner on Form FPF 180 (formerly BP-409). The following steps are necessary before disability retirement is considered.

STEP I: SUBMISSION OF APPLICATION

Member’s Application for Disability Retirement:

A member may initiate the disability retirement process by submitting FPF 180 (formerly BP-409), whether or not there has been an examination by the Bureau of Health Services (BHS). However, BHS is required to make a determination of the member’s fitness for duty status prior to or during the disability pension application process. When an officer submits an application for disability retirement, vacation, accrued and terminal leaves must begin immediately.

Depending upon the results of an initial examination by a medical officer at the Fire Department’s Bureau of Health Services, the member will be referred to the BHS Medical Committee, which is comprised of three or more FDNY medical officers. The BHS Medical Committee makes fitness for duty determinations. Upon examining the member, one of the following determinations is made:

  1. Temporarily unfit for full duty. In this case, the member is placed on light duty or medical leave with an expectation of being returned to full duty.
  2. Permanently unfit for full duty. This category is also known as REC/LSS (Recommended Limited Service Squad or Long Term Light Duty). Pursuant to Mayoral Executive Order 78-14, the member may remain on Light Duty for up to one year.
  3. Undetermined.
  4. Full Duty.

Fire Commissioner’s Application for Disability Retirement:

Pursuant to Mayoral Directive No. 78-14, the Fire Commissioner must apply for the disability retirement of any member found permanently unfit for full firefighting duty by the BHS Medical Committee. Upon the BHS Medical Committee’s determination that a member is permanently unfit for full firefighting duty (REC/LSS), the Fire Commissioner endorses the transcript or minutes from the BHS Medical Committee and forwards it to the NYC Fire Pension Fund for processing as the Fire Commissioner’s Application for Disability Retirement.

STEP II: REVIEW OF APPLICATION BY THE SUBCHAPTER II 1-B MEDICAL BOARD

The Subchapter II 1-B Medical Board is comprised of three physicians and is independent of both the Fire Department and the Fire Pension Fund Board of Trustees. The Subchapter II 1-B Medical Board meets weekly and is the sole authority in determining whether a member is disabled for retirement/pension purposes. In reviewing an application, the Subchapter II 1-B Medical Board addresses the following questions:

  1. Is the member disabled for retirement purposes?
  2. If the member is disabled for retirement purposes, is the disability due to a line-of- duty accident? (a.k.a. the causation question). Please note that while the Medical Board’s disability determination is binding upon the Fire Pension Fund Board of Trustees, it may only make recommendations with respect to the causation component.

The applicant has the right to submit any and all evidence in support of a disability retirement and the Subchapter II 1-B Medical Board must evaluate all of the evidence and report its conclusions and recommendations to the Fire Pension Fund Board of Trustees.

Upon review, the Subchapter II 1-B Medical Board reaches one of the following conclusions:

  1. Disabled due to line-of-duty accident (Accidental Disability)
  2. Disabled due to non-line-of-duty condition (Ordinary Disability)
  3. Not Disabled for retirement purposes (Denied)
  4. Decision deferred until the Medical Board has evaluated additional evidence.

The Subchapter II 1-B Medical Board’s determination and recommendation is then forwarded to the Fire Pension Fund’s Board of Trustees for a final determination of the disability application.

STEP III: REVIEW BY THE BOARD OF TRUSTEES

The Board of Trustees consists of New York City and Union representatives, each group with an equal number of votes. During its monthly meetings, the Board of Trustees reviews the reports of the Medical Board, the relevant medical records and the relevant CD-72s. Although the Board of Trustees cannot change the Medical Board’s decision regarding whether a member is permanently disabled from full duty, it can overrule the Medical Board’s recommendation on causation. When the Board of Trustees does not reach the necessary number of votes to pass a motion (7/12 of the whole, or 14 votes) on the cause of the disability, the member will be retired for ordinary disability. This is based on a court case known as the “Schoeck Decision.”

WITHDRAWAL OF DISABILITY RETIREMENT APPLICATION

If the Fire Commissioner applied for a member’s disability retirement, only the Fire Commissioner can stop the process. If a member has applied for disability retirement, the member may stop the process by withdrawing the application. If the Subchapter II 1-B Medical Board’s doctors have found the member disabled for retirement purposes, the member may not return to full duty. However, members found to be disabled by the Subchapter II 1-B Medical Board will be afforded the opportunity to request a Reasonable Accommodation.

A request to withdraw a disability retirement application by the member shall be made on a letterhead report to the Fire Commissioner and processed through the chain of command. The report shall include:

NAME, RANK, UNIT, SOCIAL SECURITY NUMBER, REASON MEMBER SUBMITTED RETIREMENT APPLICATION, REASON FOR REQUESTING WITHDRAWAL, DATE(S) OF PREVIOUS RETIREMENT APPLICATIONS AND WITHDRAWAL REQUEST(S)

Upon receipt of the request, the FDNY Bureau of Human Resources shall direct the member to the Bureau of Health Services for examination. The Fire Commissioner may elect to either withdraw or keep in effect the Fire Commissioner’s application for retirement.

An application to withdraw shall be denied for either of the following reasons:

The member is found unfit for any duty by BHS or the member has had disability certified by the Board of Trustees prior to receipt of his/her withdrawal application.

If the application to withdraw is approved, the member will be notified to report to the Bureau of Human Resources for clarification of duty status and suitable assignment.

RETIREMENT PROCEDURES FOR ALL RETIREES

During the retirement process, retirees will be advised regarding health insurance, pension options, post-retirement employment restrictions, withholding tax, and related issues. At this time, the member’s projected retirement date will be determined, and an estimate of the final pension allowable, as well as the amount of the partial allowance, will be determined. NOTE: health insurance is not provided for members with less than ten (10) years of service retiring on an ordinary disability.

Members are generally entitled to take all vacation leave, accrued and terminal leave (normally one (1) day per four (4) completed months of service) after their last day on duty, and remain on the active payroll during this time. Terminal leave is not granted for vested separations. Under limited circumstances, service retirees and vested separations may submit a request for withdrawal of their retirement application before going off the payroll. To do so, the Retirement Counseling Unit must be notified at least ten (10) business days before the date on which the member is requesting a return to active status. (NOTE: service retirees who have begun to utilize terminal leave must be evaluated by BHS prior to return to full duty.)

Upon retirement, a member must return all Department property and obtain a Property Release Form (BP-71) from the Bureau of Personnel. The retiree must forward a copy of the Property Release Form to the Fund before any pension payments are issued. In addition, a copy of the Property Release Form also must be forwarded to Uniformed Payroll for release of the final active paycheck.

SERVICE RETIREMENT ALLOWANCE

Members will be eligible to receive a retirement allowance after completing twenty (20) years of allowable fire service.

The Service retirement allowance is calculated as follows:

50% of final salary

-plus-

1/60th x total earnings after your 20th anniversary

-plus-

1/80th x average annual earnings of the last 5 years x the years and days of other credited service, if applicable

-plus-

a pension based on the actuarial value of the ITHP contributions made after completion of 20 years of allowable fire service, together with the interest earned on those contributions

-plus-

an annuity based on any accumulations in excess of minimum required contributions remaining in the member’s account at retirement, including interest earned on those contributions

-less-

the annuity value of any shortage in the member’s account (shortages result from a contribution rate deficiency, prior loans, unpaid loans, and/or nonpayment of contributions).

DISABILITY RETIREMENT ALLOWANCE

ORDINARY DISABILITY RETIREMENT

A member is eligible to receive an ordinary disability retirement allowance, regardless of age or years of credited service, provided the Subchapter II 1-B Medical Board and the Fire Pension Fund Board of Trustees have found the member disabled.

An Ordinary Disability retirement allowance is calculated as follows: Members with less than ten years of credited service:

Pension equal to 33 1/3% of final average salary

-plus-

An annuity based on ASF (Annuity Savings Fund) balance in excess of required amount

-less-

Annuity value of any shortage Members with ten or more years of credited service:

Pension equal to 50% of final average salary

-plus-

An annuity based on ASF (Annuity Savings Fund) balance in excess of required amount

-less-

Annuity value of any shortage Members with twenty or more years of credited service:

Pension equal to 1/40th of the member’s final average salary multiplied by the number of years of city-service

-plus-

An annuity based on ASF (Annuity Savings Fund) balance in excess of required amount

-less-

Annuity value of any shortage

ACCIDENTAL DISABILITY RETIREMENT

There is no minimum service requirement for accidental disability retirement. The Subchapter II 1-B Medical Board must find a member physically or mentally unable to perform his/her regular job duties because of an accidental injury received in the line-of-

duty. (May include the Lung/Heart/Cancer/Infectious Diseases/WTC Bills/Parkinson’s Disease presumptions.) Such disability must not be the result of a member’s own willful negligence.

An Accidental Disability retirement allowance is calculated as follows:

a pension equal to 75% of final salary

-plus-

1/60th x total earnings after the member’s 20th anniversary

-plus-

an additional pension based on the actuarial value of the ITHP reserve account as of the effective date of retirement

-plus-

an annuity based on the actuarial value of accumulated deductions as of the effective date of retirement

-less-

a deduction for the annuity value of any loan outstanding at the time of retirement.

Notes:

For members retiring on or after January 1, 2009, accidental disability pensions are federally taxed on the 1/60th portion, ITHP over 20 years, and the annuity based on contributions attributed to 414(h) and interest. The balance of an accidental disability pension is federally tax-free. However, the entire accidental disability is exempt from New York State and New York City income tax.

There is no credit for prior non-uniformed City service for Improved Benefits Plan members granted an accidental disability pension.

TIERS I and II: OPTIONS

MAXIMUM RETIREMENT ALLOWANCE (NO OPTION)

At retirement, a member may elect to receive the maximum retirement allowance. The maximum retirement allowance is the largest benefit that can be received. Payments are made throughout the retiree’s lifetime and cease upon death. There are no survivor benefits under the maximum retirement allowance.

OPTIONS

An option is an election that provides a continued pension benefit or lump-sum payment to a beneficiary. When electing an option, the member accepts a reduced retirement allowance during his/her lifetime. The reduction is based on the option selected, age, and sometimes the age of the beneficiary. After certification by the Office of the Actuary, the pension is finalized. Once the member receives his/her first full pension check, the option selected cannot be changed.

OPTION 1

Option 1 is available only to Tier 1 members appointed prior to July 1, 1973.

This option sets up an initial pension reserve. If the retirees dies before receiving payments equal to this total pension reserve (the reserve set aside to pay benefits over a retiree’s lifetime), the difference between the total pension reserve and all payments received will be awarded to the beneficiary. This option may be selected for the annuity reserve, the pension reserve, or both. More than one beneficiary may be named, and the beneficiary(ies) may be changed at any time.

OPTION 2

Joint and 100% Survivor: the retiree receives a reduced monthly lifetime allowance. Upon the death of the retiree, this option allows the named beneficiary to receive 100% of the reduced pension allowance for life. Only one beneficiary may be named, and the designated beneficiary may not be changed once the option is in effect.

OPTION 3

Joint and 50% Survivor: the retiree receives a reduced monthly lifetime allowance. Upon the death of the retiree, this option allows the named beneficiary to receive 50% of the reduced pension allowance for life. Only one beneficiary may be named, and the designated beneficiary may not be changed once this option is in effect.

OPTION 4

Lump Sum: the retiree receives a reduced annual pension allowance for life with the provision that upon the death of the retiree, the beneficiary(ies) will receive a limited lump sum payment specified by the retiree at the time the option is chosen. More than one beneficiary may be named and the beneficiary(ies) may be changed at any time;

Annuity: the retiree receives a reduced annual pension allowance for life with the provision that upon the death of the retiree, the beneficiary will receive a specified annual annuity, as pre-determined by the retiree. Only one beneficiary may be named, and the designated beneficiary may not be changed once the option is in effect.

“POP-UP” OPTION MODIFICATION

Under this option modification, if the named beneficiary predeceases the retiree, the retirement allowance reverts back to the maximum retirement allowance. The “Pop-up” may ONLY be applied to Option 2, Option 3, and Option 4 annuities. There is an extra cost for this option.

FIVE-YEAR OR TEN-YEAR CERTAIN

The Five-Year or Ten-Year Certain Options are available only to Tier 2 members appointed after July 1, 1973.

FIVE-YEAR CERTAIN: the retiree receives a reduced monthly lifetime allowance. If the retiree dies within five years of his/her retirement, the benefit is paid to the retiree’s beneficiary either in a lump sum or in monthly payments for the remainder of the five years.

TEN-YEAR CERTAIN: the retiree receives a reduced monthly lifetime allowance. If the retiree dies within ten years of his/her retirement, the benefit is paid to the retiree’s beneficiary either in a lump sum or in monthly payments for the remainder of the ten years.

Should the beneficiary predecease the retiree, upon the death of the retiree, a lump sum will be paid to the estate of said retiree. The beneficiary may be changed at any time with this option.

Notes:

Fifty percent (50%) of any cost-of-living adjustments (COLAs) are paid to a spouse under Options 2 and 3, under Option 4 Annuity, and any “Pop-up” option whose deceased spouse, if alive, would be eligible for a COLA benefit increase.

Under current tax laws, for the beneficiary(ies) of line-of-duty (accidental) disability retirees, all options are federally taxed on a portion of the pension that was taxable to the retiree, however, the total pension received under an option is exempt from New York State and New York City taxation.

TIERS I and II: SURVIVOR BENEFITS

Tier I survivor benefits are paid if a member dies before retirement, whether death occurs on or off the job.

There are two types of death benefits:

Death Gamble Benefit – for ordinary (non-line-of-duty) deaths Accidental Death Benefit (Line-of-Duty)

DEATH GAMBLE BENEFIT

For non-line-of-duty deaths, the benefit is computed as though the member had retired the day before his/her death. The designated beneficiary(ies) will be eligible to receive an amount equal to the reserve for the service retirement allowance that would have been payable had the member retired on the day before his/her death. If the beneficiary predeceases the member, this death benefit is paid to the member’s estate.

ACCIDENTAL (LINE –OF-DUTY) DEATH BENEFIT

An Accidental Death Benefit is payable to an eligible beneficiary if the member dies before the effective date of retirement as the natural and proximate result of an accident sustained in the performance of duty, not caused by the member’s own willful negligence.

The application for the Accidental Death Benefit must be filed within two (2) years of the death of the member.

In the event that the class of eligible beneficiaries consists of more than one person, the benefit will be divided equally. Eligible beneficiaries are dictated by statute and payable in the following hierarchy:

City Portion:

    1. A surviving spouse who has not renounced survivorship rights in a separation agreement, until remarriage; or
    2. Surviving children until age 25; or
    3. Dependent parents; or
    4. Any other person qualified as a dependent on the final tax return of the member until such person reaches age 21.

State Portion:

  1. A widow or widower; or
  2. Deceased member’s children under the age of 18 or, if a student, under the age of 23, if the widow or widower has died.

The SADB is increased from time to time by act of the New York State Legislature and is not payable to dependent parents. Effective September 1, 2000, any COLA received on the 50% pension payable from the NYC Fire Pension Fund, as well as any Social Security benefits received by the beneficiary, shall be subtracted from the SADB (State’s portion).

BENEFICIARY DESIGNATION

Upon membership in the Fund, a beneficiary(ies) for the Life Insurance Fund benefit and for Death Benefits is (are) elected. A member may change beneficiary(ies) at any time by filing the appropriate form(s) with the Fire Pension Fund. Please note that the beneficiary(ies) designated on the Ordinary Death Benefits beneficiary form will receive this benefit in the event of the member’s non-line-of-duty death while the member is in active service. In the event of Accidental Death (line-of-duty), benefits will be paid to the appropriate beneficiary(ies) in accordance with the applicable sections of the law.

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