Key Takeaways
- • Retired NYPD officer Ilbey Aykac is suing the New York City Police Pension Fund, alleging it discriminated against him by denying accidental disability status while granting more generous benefits to high-ranking officers, according to NBC New York.
- • Aykac, a former Harlem cop, has spent six years seeking an accidental disability pension for neck injuries sustained on duty in 2019, and the Pension Board has attributed his symptoms to a pre-existing disc problem.
- • The lawsuit cites former NYPD Chief of Department John Chell, who reportedly receives roughly $295,000 a year under an accidental disability pension, as an example of inconsistent standards.
- • A New York City Department of Investigation report criticized how the fund evaluates disability claims for supervisory officers; the pension fund rejected the DOI's recommendation to consider actual job duties.
- • The fund's $62 billion assets underpin the retirement system at the center of the dispute, and neither the pension fund's executive director nor NYPD Commissioner Jessica Tisch responded to NBC New York's questions.
Summary
A retired New York City police officer, Ilbey Aykac, is suing the New York City Police Pension Fund, which NBC New York describes as a $62 billion retirement system, alleging discrimination against rank-and-file officers. According to police records, Aykac, a former Harlem cop, injured his neck twice on duty in 2019, once in a police car accident in May and once during a fight with a defendant who had smuggled brass knuckles into a holding cell. He later underwent neck surgery, but the Police Pension Board has repeatedly denied him accidental disability status, with the fund arguing in court that there is "no causal relationship" between his injuries and his symptoms and attributing his pain and mobility problems to a pre-existing disc condition.
Aykac's lawsuit contends the board applied "exacting and inadequately defined" standards to his claim while applying "individualized and flexible" standards to high-ranking officers. Former NYPD Chief of Department John Chell is cited as the comparison. The New York Daily News previously reported that Chell obtained an accidental disability pension after an on-duty ankle injury, with payments of about $295,000 a year for life. Chell declined NBC New York's request for comment. Under the system, accidental disability retirement pays three-quarters of salary, mostly tax free, for life, and requires proof that a career-ending injury occurred while performing an on-duty police function.
A recent New York City Department of Investigation report criticized the fund's evaluation of disability claims for managerial officers, noting that Chell and others held mostly supervisory roles. DOI Commissioner Nadia Shihata said the New York State Police pension system considers actual job duties and that DOI recommended the NYPD system adopt a similar standard. The New York City Police Pension Fund rejected that recommendation, a response Shihata said she hoped would be reconsidered. NYPD Commissioner Jessica Tisch, who chairs the Police Pension Board of Trustees, and Executive Director Kevin Holloran did not respond to NBC New York's questions about the report.
Aykac's lawsuit contends the board applied "exacting and inadequately defined" standards to his claim while applying "individualized and flexible" standards to high-ranking officers. Former NYPD Chief of Department John Chell is cited as the comparison. The New York Daily News previously reported that Chell obtained an accidental disability pension after an on-duty ankle injury, with payments of about $295,000 a year for life. Chell declined NBC New York's request for comment. Under the system, accidental disability retirement pays three-quarters of salary, mostly tax free, for life, and requires proof that a career-ending injury occurred while performing an on-duty police function.
A recent New York City Department of Investigation report criticized the fund's evaluation of disability claims for managerial officers, noting that Chell and others held mostly supervisory roles. DOI Commissioner Nadia Shihata said the New York State Police pension system considers actual job duties and that DOI recommended the NYPD system adopt a similar standard. The New York City Police Pension Fund rejected that recommendation, a response Shihata said she hoped would be reconsidered. NYPD Commissioner Jessica Tisch, who chairs the Police Pension Board of Trustees, and Executive Director Kevin Holloran did not respond to NBC New York's questions about the report.
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