Notice to Members Who Served in the Military since September 11, 2001
Please be advised the City of New York has reached a settlement agreement with the U.S. Attorney’s Office regarding the calculation of pension contributions for members who took military leaves since September 11, 2001.
This case concerns the calculation of pensions for retired NYPD Uniformed Members of the Service who performed active military service, while employed by the NYPD, on or after September 11, 2001. If approved by the Court, the settlement requires the Police Pension Fund to recalculate pension for retired members to include imputed overtime and differential payments to members who took a military leave; however, the Fund may not apply a non-beneficial calculation to a retired member under the terms of the agreement. Class members may opt out of the settlement.
After the Court approves the settlement, all active Members of Service who return to the NYPD from active military service will have imputed overtime and night differential earnings included in their pensionable earnings, regardless of whether such earnings were paid by the NYPD, both for purposes of determining their required pension contributions as well as determining their ultimate pension benefit based on their final average salary.
The U.S. Attorney's Office has asked the Court to certify a class of retired NYPD Uniformed Members of Service who performed active military service on or after September 11, 2001. If the Court approves the settlement, affected members will receive notices about the lawsuit. The Fund will update its website upon the Court’s ratification of the settlement agreement.