State Codes and Statutes

Statutes > New-york > Rss > Article-11 > 444

§   444.  Maximum  retirement  benefits.  a.  Except  as  provided  in  subdivision c of section four  hundred  forty-five-a  of  this  article,  subdivision  c  of  section  four  hundred forty-five-b of this article,  subdivision c of section four  hundred  forty-five-c  of  this  article,  subdivision  c  of  section four hundred forty-five-d of this article as  added by chapter four  hundred  seventy-two  of  the  laws  of  nineteen  hundred  ninety-five, subdivision c of section four hundred forty-five-e  of this article, subdivision c of section four hundred  forty-five-f  of  this  article  and subdivision c of section four hundred forty-five-h of  this article, the maximum retirement benefit computed  without  optional  modification  provided to a member of a retirement system who is subject  to the provisions of this  article,  other  than  a  police  officer,  a  firefighter,  an  investigator  member  of  the New York city employees'  retirement system, a member of the uniformed personnel  in  institutions  under the jurisdiction of the New York city department of correction who  receives a performance of duty disability retirement allowance, a member  of the uniformed personnel in institutions under the jurisdiction of the  department  of  correctional  services  or a security hospital treatment  assistant, as those terms  are  defined  in  subdivision  i  of  section  eighty-nine  of  this  chapter,  who  receives  a  performance  of  duty  disability retirement allowance, a  member  of  a  teachers'  retirement  system,  New York city employees' retirement system, New York city board  of education retirement system or a member of the  New  York  state  and  local  employees'  retirement  system  or  a member of the New York city  employees' retirement  system  or  New  York  city  board  of  education  retirement  system  employed  as  a  special  officer,  parking  control  specialist,  school  safety  agent,  campus  peace  officer,  taxi   and  limousine inspector or a police communications member and who receives a  performance  of  duty  disability  pension,  from funds other than those  based on a member's own or increased-take-home-pay contributions, shall,  before any reduction for early retirement, be sixty per  centum  of  the  first  fifteen  thousand  three hundred dollars of final average salary,  and fifty per centum of  final  average  salary  in  excess  of  fifteen  thousand  three  hundred  dollars, and forty per centum of final average  salary  in  excess  of  twenty-seven  thousand  three  hundred  dollars,  provided,  however,  that  the  benefits  provided  by  subdivision c of  section four hundred forty-five-d of this article as  added  by  chapter  four  hundred  seventy-two  of  the laws of nineteen hundred ninety-five  based upon the additional member contributions required by subdivision d  of such section four  hundred  forty-five-d  shall  be  subject  to  the  maximum  retirement  benefit computations set forth in this section. The  maximum  retirement  benefit  computed  without  optional   modification  payable to a police officer, an investigator member of the New York city  employees'  retirement  system or a firefighter shall equal that payable  upon completion of thirty years of  service,  except  that  the  maximum  service  retirement benefit computed without optional modification shall  equal that payable upon completion of thirty-two years of service.    b. Notwithstanding the provisions of subdivision a of this section,  a  member  employed  as  a  uniformed court officer or peace officer in the  unified court system granted accidental disability  retirement  benefits  shall  receive  a pension of three-quarters of final average salary. The  payment of such pension shall be subject to the  provisions  of  section  sixty-four of this chapter.    c.   Notwithstanding  section  three  hundred  sixty-three-c  of  this  chapter, accidentally disabled police officers  and  firefighters  shall  receive  a  pension of three-quarters of their final average salary. The  payment of such pension shall be subject to the  provisions  of  section  three hundred sixty-four of this chapter.d.  Notwithstanding  the  provisions of subdivision a of this section,  the retirement benefit payable to a member of the New York  city  police  pension  fund  or the New York city fire department pension fund who has  completed thirty or more years of service at the  time  of  his  or  her  retirement  shall  be  based on the total service with which such member  has been credited at retirement.

State Codes and Statutes

Statutes > New-york > Rss > Article-11 > 444

§   444.  Maximum  retirement  benefits.  a.  Except  as  provided  in  subdivision c of section four  hundred  forty-five-a  of  this  article,  subdivision  c  of  section  four  hundred forty-five-b of this article,  subdivision c of section four  hundred  forty-five-c  of  this  article,  subdivision  c  of  section four hundred forty-five-d of this article as  added by chapter four  hundred  seventy-two  of  the  laws  of  nineteen  hundred  ninety-five, subdivision c of section four hundred forty-five-e  of this article, subdivision c of section four hundred  forty-five-f  of  this  article  and subdivision c of section four hundred forty-five-h of  this article, the maximum retirement benefit computed  without  optional  modification  provided to a member of a retirement system who is subject  to the provisions of this  article,  other  than  a  police  officer,  a  firefighter,  an  investigator  member  of  the New York city employees'  retirement system, a member of the uniformed personnel  in  institutions  under the jurisdiction of the New York city department of correction who  receives a performance of duty disability retirement allowance, a member  of the uniformed personnel in institutions under the jurisdiction of the  department  of  correctional  services  or a security hospital treatment  assistant, as those terms  are  defined  in  subdivision  i  of  section  eighty-nine  of  this  chapter,  who  receives  a  performance  of  duty  disability retirement allowance, a  member  of  a  teachers'  retirement  system,  New York city employees' retirement system, New York city board  of education retirement system or a member of the  New  York  state  and  local  employees'  retirement  system  or  a member of the New York city  employees' retirement  system  or  New  York  city  board  of  education  retirement  system  employed  as  a  special  officer,  parking  control  specialist,  school  safety  agent,  campus  peace  officer,  taxi   and  limousine inspector or a police communications member and who receives a  performance  of  duty  disability  pension,  from funds other than those  based on a member's own or increased-take-home-pay contributions, shall,  before any reduction for early retirement, be sixty per  centum  of  the  first  fifteen  thousand  three hundred dollars of final average salary,  and fifty per centum of  final  average  salary  in  excess  of  fifteen  thousand  three  hundred  dollars, and forty per centum of final average  salary  in  excess  of  twenty-seven  thousand  three  hundred  dollars,  provided,  however,  that  the  benefits  provided  by  subdivision c of  section four hundred forty-five-d of this article as  added  by  chapter  four  hundred  seventy-two  of  the laws of nineteen hundred ninety-five  based upon the additional member contributions required by subdivision d  of such section four  hundred  forty-five-d  shall  be  subject  to  the  maximum  retirement  benefit computations set forth in this section. The  maximum  retirement  benefit  computed  without  optional   modification  payable to a police officer, an investigator member of the New York city  employees'  retirement  system or a firefighter shall equal that payable  upon completion of thirty years of  service,  except  that  the  maximum  service  retirement benefit computed without optional modification shall  equal that payable upon completion of thirty-two years of service.    b. Notwithstanding the provisions of subdivision a of this section,  a  member  employed  as  a  uniformed court officer or peace officer in the  unified court system granted accidental disability  retirement  benefits  shall  receive  a pension of three-quarters of final average salary. The  payment of such pension shall be subject to the  provisions  of  section  sixty-four of this chapter.    c.   Notwithstanding  section  three  hundred  sixty-three-c  of  this  chapter, accidentally disabled police officers  and  firefighters  shall  receive  a  pension of three-quarters of their final average salary. The  payment of such pension shall be subject to the  provisions  of  section  three hundred sixty-four of this chapter.d.  Notwithstanding  the  provisions of subdivision a of this section,  the retirement benefit payable to a member of the New York  city  police  pension  fund  or the New York city fire department pension fund who has  completed thirty or more years of service at the  time  of  his  or  her  retirement  shall  be  based on the total service with which such member  has been credited at retirement.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rss > Article-11 > 444

§   444.  Maximum  retirement  benefits.  a.  Except  as  provided  in  subdivision c of section four  hundred  forty-five-a  of  this  article,  subdivision  c  of  section  four  hundred forty-five-b of this article,  subdivision c of section four  hundred  forty-five-c  of  this  article,  subdivision  c  of  section four hundred forty-five-d of this article as  added by chapter four  hundred  seventy-two  of  the  laws  of  nineteen  hundred  ninety-five, subdivision c of section four hundred forty-five-e  of this article, subdivision c of section four hundred  forty-five-f  of  this  article  and subdivision c of section four hundred forty-five-h of  this article, the maximum retirement benefit computed  without  optional  modification  provided to a member of a retirement system who is subject  to the provisions of this  article,  other  than  a  police  officer,  a  firefighter,  an  investigator  member  of  the New York city employees'  retirement system, a member of the uniformed personnel  in  institutions  under the jurisdiction of the New York city department of correction who  receives a performance of duty disability retirement allowance, a member  of the uniformed personnel in institutions under the jurisdiction of the  department  of  correctional  services  or a security hospital treatment  assistant, as those terms  are  defined  in  subdivision  i  of  section  eighty-nine  of  this  chapter,  who  receives  a  performance  of  duty  disability retirement allowance, a  member  of  a  teachers'  retirement  system,  New York city employees' retirement system, New York city board  of education retirement system or a member of the  New  York  state  and  local  employees'  retirement  system  or  a member of the New York city  employees' retirement  system  or  New  York  city  board  of  education  retirement  system  employed  as  a  special  officer,  parking  control  specialist,  school  safety  agent,  campus  peace  officer,  taxi   and  limousine inspector or a police communications member and who receives a  performance  of  duty  disability  pension,  from funds other than those  based on a member's own or increased-take-home-pay contributions, shall,  before any reduction for early retirement, be sixty per  centum  of  the  first  fifteen  thousand  three hundred dollars of final average salary,  and fifty per centum of  final  average  salary  in  excess  of  fifteen  thousand  three  hundred  dollars, and forty per centum of final average  salary  in  excess  of  twenty-seven  thousand  three  hundred  dollars,  provided,  however,  that  the  benefits  provided  by  subdivision c of  section four hundred forty-five-d of this article as  added  by  chapter  four  hundred  seventy-two  of  the laws of nineteen hundred ninety-five  based upon the additional member contributions required by subdivision d  of such section four  hundred  forty-five-d  shall  be  subject  to  the  maximum  retirement  benefit computations set forth in this section. The  maximum  retirement  benefit  computed  without  optional   modification  payable to a police officer, an investigator member of the New York city  employees'  retirement  system or a firefighter shall equal that payable  upon completion of thirty years of  service,  except  that  the  maximum  service  retirement benefit computed without optional modification shall  equal that payable upon completion of thirty-two years of service.    b. Notwithstanding the provisions of subdivision a of this section,  a  member  employed  as  a  uniformed court officer or peace officer in the  unified court system granted accidental disability  retirement  benefits  shall  receive  a pension of three-quarters of final average salary. The  payment of such pension shall be subject to the  provisions  of  section  sixty-four of this chapter.    c.   Notwithstanding  section  three  hundred  sixty-three-c  of  this  chapter, accidentally disabled police officers  and  firefighters  shall  receive  a  pension of three-quarters of their final average salary. The  payment of such pension shall be subject to the  provisions  of  section  three hundred sixty-four of this chapter.d.  Notwithstanding  the  provisions of subdivision a of this section,  the retirement benefit payable to a member of the New York  city  police  pension  fund  or the New York city fire department pension fund who has  completed thirty or more years of service at the  time  of  his  or  her  retirement  shall  be  based on the total service with which such member  has been credited at retirement.