2010 New York Code
RSS - Retirement & Social Security
Article 11 - (440 - 451) LIMITATIONS APPLICABLE TO NEW ENTRANTS
444 - Maximum retirement benefits.

§   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.