2013 New York Consolidated Laws
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  corrections  and  community  supervision  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.