 |
||
| Question: I have purchased three years of military time but was recently told if I retire after twenty years (17 years in the NYPD plus 3 military) that I would not receive the Variable Supplement benefit and would not get pensionable credit for my longevity. Is that true? — Edwin Rosado, Manhattan North Warrants | ||
 |
|
|
|
ANSWER: The first part of your question is easy to answer. All members who retired for service (20 years or more without a disability) since October 1, 1968 receive the Variable Supplement benefit. Since your three years military service counts towards your service retirement you will receive the Variable Supplement benefit. The second part of your question concerning the pensionability of your longevity has been disputed since the Military Bill; Chapter 548 of the Laws of 2000 was signed into law. |
As you are probably aware, your 5 and 10-year longevity become pensionable after 20 years of police service. The 15 and 20-year longevity become pensionable after the member attains 25 years of service. The city actuary had refused to certify any pensions counting the 5- and 10-year longevity for members who retired with 20 years including their military time. The first person that was officially denied the pensionability of his longevity was a New York City Corrections Officer. He took the city to court and your PBA assisted his attorney, knowing that decision would ultimately apply to our members. |
The city lost the case but kept appealing the decisions. Finally, in June of 2006 the New York State Court of Appeals sided with the Corrections Officer. After that decision the city Law Department informed the Police Pension Fund and the Office of the Chief Actuary that all military time brought under Chapter 548 is eligible and will count towards full pensionability of longevity. All affected members who already retired and received interim finalizations without pensionable longevity will have their pensions adjusted by the Police Pension Fund retroactively to their dates of retirement. |
| Question: I attempted to buy back three years of military service for time I served prior to my appointment to the Police Department in the first Gulf War. The Pension Fund would not allow all three years stating they must deduct the one-year of service I received when sent to Iraq in 2003. Are they correct? — Name and command withheld upon request. | ||
|
|
|
ANSWER: This issue is the subject of a recent change in the opinion of the city Law Department. Previously, any other military credit had to be deducted from the service credit purchased under Chapter 548 (Military Bill), subject to a maximum of three years. |
That restriction has been removed and now the amount of prior military service that can be purchased will no longer be restricted due to other military service credit, as long as the service fulfills the necessary requirements. |
All members who applied to buy back prior military service and were denied any credit because of the three-year limit should contact the Police Pension Fund, membership unit at 212-693-5850. |
|
PBA
Pension Consultant Joseph Maccone will answer your retirement and pension
questions in print. Write to him at the PBA, 40 Fulton St., NY, NY 10038,
or or email jmaccone@nycpba.org. |
 |
|