Section 13-174. Retirement allowances; for ordinary disability  


Latest version.
  • 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