§ 444 — Maximum retirement benefits

§ 444. Maximum retirement benefits. a. Except as provided in\nsubdivision c of section four hundred forty-five-a of this article,\nsubdivision c of section four hundred forty-five-b of this article,\nsubdivision c of section four hundred forty-five-c of this article,\nsubdivision c of section four hundred forty-five-d of this article as\nadded by chapter four hundred seventy-two of the laws of nineteen\nhundred ninety-five, subdivision c of section four hundred forty-five-e\nof this article, subdivision c of section four hundred forty-five-f of\nthis article and subdivision c of section four hundred forty-five-h of\nthis article, the maximum retirement benefit computed without optional\nmodification provided to a member of a retirement system who is subject\nto the provisions of this article, other than a police officer, a\nfirefighter, an investigator member of the New York city employees'\nretirement system, a member of the uniformed personnel in institutions\nunder the jurisdiction of the New York city department of correction who\nreceives a performance of duty disability retirement allowance, a member\nof the uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or a security\nhospital treatment assistant, as those terms are defined in subdivision\ni of section eighty-nine of this chapter, who receives a performance of\nduty disability retirement allowance, a member of a teachers' retirement\nsystem, New York city employees' retirement system, New York city board\nof education retirement system or a member of the New York state and\nlocal employees' retirement system or a member of the New York city\nemployees' retirement system or New York city board of education\nretirement system employed as a special officer, parking control\nspecialist, school safety agent, campus peace officer, taxi and\nlimousine inspector or a police communications member and who receives a\nperformance of duty disability pension, from funds other than those\nbased on a member's own or increased-take-home-pay contributions, shall,\nbefore any reduction for early retirement, be sixty per centum of the\nfirst fifteen thousand three hundred dollars of final average salary,\nand fifty per centum of final average salary in excess of fifteen\nthousand three hundred dollars, and forty per centum of final average\nsalary in excess of twenty-seven thousand three hundred dollars,\nprovided, however, that the benefits provided by subdivision c of\nsection four hundred forty-five-d of this article as added by chapter\nfour hundred seventy-two of the laws of nineteen hundred ninety-five\nbased upon the additional member contributions required by subdivision d\nof such section four hundred forty-five-d shall be subject to the\nmaximum retirement benefit computations set forth in this section. The\nmaximum retirement benefit computed without optional modification\npayable to a police officer, an investigator member of the New York city\nemployees' retirement system or a firefighter shall equal that payable\nupon completion of thirty years of service, except that the maximum\nservice retirement benefit computed without optional modification shall\nequal that payable upon completion of thirty-two years of service.\n b. Notwithstanding the provisions of subdivision a of this section, a\nmember employed as a uniformed court officer or peace officer in the\nunified court system granted accidental disability retirement benefits\nshall receive a pension of three-quarters of final average salary. The\npayment of such pension shall be subject to the provisions of section\nsixty-four of this chapter.\n c. Notwithstanding section three hundred sixty-three-c of this\nchapter, accidentally disabled police officers and firefighters shall\nreceive a pension of three-quarters of their final average salary. The\npayment of such pension shall be subject to the provisions of section\nthree hundred sixty-four of this chapter.\n d. Notwithstanding the provisions of subdivision a of this section,\nthe retirement benefit payable to a member of the New York city police\npension fund or the New York city fire department pension fund who has\ncompleted thirty or more years of service at the time of his or her\nretirement shall be based on the total service with which such member\nhas been credited at retirement.\n