NY Ret & SS L § 444 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 11 - 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.