2006 New York Code - Retirement Allowances; For Ordinary Disability.

 
    §  13-174  Retirement  allowances;  for  ordinary  disability. a. Upon
  retirement for ordinary disability, a member shall receive a  retirement
  allowance which shall consist of:
    1.  An  annuity  which shall be the actuarial equivalent of his or her
  accumulated deductions, if any, at the time of his  or  her  retirement;
  and
    2.   A   pension   which   is   the   actuarial   equivalent   of  the
  reserve-for-increased-take-home-pay to which  he  or  she  may  then  be
  entitled, if any, and
    3. A pension, which, together with his or her annuity, if any, and the
  pension-providing-for-increased-take-home-pay, if any, shall be equal to
    a.  the retirement allowance that would be payable to him or her after
  a like amount of total-service and final  compensation  had  he  or  she
  attained  his  or  her  minimum  age  for  service  retirement  if  such
  retirement  allowance  exceeds  one-quarter  of   his   or   her   final
  compensation; otherwise,
    b. one-quarter of his or her final compensation.
    b.  (1)  Notwithstanding  the  provisions  of  subdivision  a  of this
  section, a member who is a sanitation  man  when  retired  for  ordinary
  disability, shall, except as otherwise provided in subdivision c of this
  section,  receive,  in  lieu  of any other retirement allowance for such
  disability, a retirement allowance which shall consist of:
    a. An annuity which shall be the actuarial equivalent of  his  or  her
  accumulated deductions at the time of his or her retirement; and
    b.   A   pension-providing-for-increased-take-home-pay  which  is  the
  actuarial equivalent of the reserve-for-increased-take-home-pay to which
  he or she may then be entitled, if any; and
    c. A  pension  which,  together  with  his  or  her  annuity  and  the
  pension-providing-for-increased-take-home-pay, if any, shall be, subject
  to  the  provisions of paragraph two of this subdivision b, equal to two
  per cent of his or her final compensation multiplied by  the  number  of
  years  of  allowable  service credited to him or her at the time of such
  retirement.
    (2) The pension provided for by subparagraph c  of  paragraph  one  of
  this  subdivision  b  shall  in  no  event be less than an amount which,
  together           with            the            annuity            and
  pension-providing-for-increased-take-home-pay,  if  any, of such member,
  shall equal one-fourth of his or her final compensation.
    * c. Notwithstanding any other  provisions  of  this  chapter  to  the
  contrary, upon retirement for ordinary disability, a career pension plan
  member  or  a  fifty-five-year-increased-service-fraction  member  shall
  receive a retirement allowance which shall consist of:
    (1) an annuity which shall be the actuarial equivalent of his  or  her
  accumulated deductions; and
    (2)   a  pension-providing-for-increased-take-home-pay  which  is  the
  actuarial equivalent of his or her  reserve-for-increased-take-home-pay;
  and
    (3) (a) subject to the provisions of paragraph two of subdivision e of
  section  13-638.4  of  this title, a pension which shall be equal to the
  product obtained by multiplying the number of  years  of  such  member's
  allowable  service  rendered  prior  to  July  first,  nineteen  hundred
  sixty-eight, by one and two-tenths per centum of such member's salary or
  compensation earnable by him or her for city-service in the  year  prior
  to  his  or  her  retirement,  unless  such  pension  is  required to be
  determined pursuant to subparagraph (b) of this paragraph three;
    (b) if such member shall elect, pursuant to subdivision fifty-eight of
  section 13-101 of this chapter, that such pension  be  computed  on  the
  basis  of his or her three-year-average compensation, such pension shall


  instead be equal to the product obtained by multiplying  the  number  of
  such years of allowable service by one and two-tenths per centum of such
  member's three-year-average compensation; and
    (4) (a) subject to the provisions of paragraph two of subdivision e of
  section  13-638.4  of  this title, a pension which shall be equal to the
  product obtained by multiplying the number of  years  of  such  member's
  allowable  service  rendered  after  June  thirtieth,  nineteen  hundred
  sixty-eight by one and fifty-three one-hundredths  per  centum  of  such
  member's  salary or compensation earnable by him or her for city-service
  in the year prior to his or  her  retirement,  unless  such  pension  is
  required to be determined pursuant to subparagraph (b) of this paragraph
  four;
    (b) if such member shall elect, pursuant to subdivision fifty-eight of
  section  13-101  of  this  chapter, that such pension be computed on the
  basis  of  this  three-year-average  compensation,  such  pension  shall
  instead  be  equal  to the product obtained by multiplying the number of
  such years of allowable service by one  and  fifty-three  one-hundredths
  per centum of such member's three-year-average compensation.
    * NB There are 2 sb c's
    * c.  Notwithstanding  the  provisions of subdivisions a and b of this
  section, a member who,  when  retired  for  ordinary  disability,  is  a
  sanitation  member  and  has  completed at least five years of allowable
  service as a sanitation member, shall receive, in  lieu  of  any  lesser
  retirement  allowance  for such disability, a retirement allowance which
  shall consist of:
    (1) An annuity which  is  the  actuarial  equivalent  of  his  or  her
  accumulated deductions at the time of his or her retirement; and
    (2)   A  pension-providing-for-increased-take-home-pay  which  is  the
  actuarial equivalent of the reserve-for-increased-take-home-pay to which
  he or she may then be entitled, if any; and
    (3)  A  pension  which,  together  with  his  or   her   annuity   and
  pension-providing-for-increased-take-home-pay,  if  any,  shall  equal a
  retirement allowance consisting of:
    (a) one-third of his or her annual  salary  or  compensation  when  so
  retired,  in  any  case where the years of allowable service credited to
  him or her as a sanitation member are less than ten; or (b) one-half  of
  his  or  her  annual salary or compensation when so retired, in any case
  where the years of allowable  service  credited  to  him  or  her  as  a
  sanitation member equal or exceed ten.
    * NB There are 2 sb c's