Section 13-358. Retirement allowances of original plan members; for service  


Latest version.
  • a.  Subject to the provisions of subdivision b  of  this  section,  upon
      retirement  for  service  an original plan member not subject to article
      eleven (as defined in subdivision  four-c  of  section  13-313  of  this
      subchapter) shall receive a retirement allowance which shall be equal to
      one-half  his  or  her  final compensation plus, for each year he or she
      shall have served in the uniformed force of the  fire  department  after
      having  attained the minimum period of service retirement elected by him
      or her, the additional  amount  provided  for  by  section  two  hundred
      seven-b of the general municipal law with respect to such year.
        b.  In  addition to the benefits provided for in subdivision a of this
      section, an original plan member not subject  to  article  eleven,  upon
      retirement  for  service,  shall  receive,  for  each  year, or fraction
      thereof, of service credit transferred from the New York city employees'
      retirement system, a  retirement  allowance  of  fifty-five  percent  of
      one-sixtieth  of  his  or  her  five-year-average-salary  (as defined in
      subdivision twenty-eight of section 13-313 of this subchapter)  if  such
      service credit was for service rendered prior to October first, nineteen
      hundred  fifty-one or seventy-five percent of one-sixtieth of his or her
      five-year-average-salary if  such  service  was  rendered  on  or  after
      October  first,  nineteen  hundred  fifty-one. Nothing contained in this
      subdivision b shall be construed  as  denying  or  impairing  any  right
      granted  to any member by any other provision of law with respect to any
      such transferred service credit which consists of credit for service  as
      a  member  of  a  uniformed  force,  the  members of which, during their
      service in such force, are eligible for membership in the New York  city
      employees' retirement system.
        c.  Upon  retirement  for  service, an original plan member subject to
      article eleven (as defined in subdivision four-d of  section  13-313  of
      this   subchapter)  shall  receive  a  retirement  allowance  determined
      pursuant to the provisions of subdivisions a  and  b  of  this  section,
      except  to  the  extent  and  in  the  manner that any such provision is
      modified by article eleven.