Section 207-E*2. Minimum retirement benefits for firemen in cities and who are members of fire department pension or retirement systems maintained by such cities  


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  • 1.  Notwithstanding  the  provisions  of any general,  special or local law, charter or administrative code  to  the  contrary,
      and in lieu of any lesser amount otherwise prescribed, any person who is
      an  officer or member of the uniformed force of the fire department of a
      city, and is a member of a fire department pension or retirement  system
      maintained  by  such  city, and who has completed service as a member of
      such city-maintained fire department pension or  retirement  system  for
      the minimum number of years specified in such plan or option selected by
      him as a necessary prerequisite for a pension or retirement allowance on
      account  of  retirement  for service shall, upon retirement for service,
      receive a pension or retirement allowance on  account  of  such  minimum
      service which shall, subject to the provisions of this section, be equal
      to  one-half  of  his  annual compensation earnable upon the date of his
      retirement.
        2. Where a city-maintained  pension  plan  or  retirement  system  for
      officers  or  members  of  the uniformed force of the fire department of
      such city provides,  upon  retirement  for  service,  for  a  retirement
      allowance consisting of a pension plus an annuity which is the actuarial
      equivalent  of the member's accumulated contributions at the time of his
      retirement, then in that  event  there  shall  be  added  by  the  city,
      whenever  required, a further pension of such amount which together with
      the  member's  annuity  shall  be  sufficient  to  provide  him  with  a
      retirement  allowance  equal  to  one-half  of  his  annual compensation
      earnable on the  date  of  his  retirement.  For  the  purpose  only  of
      determining  the  amount  of  the additional pension contribution by the
      city that may be required,  the  member's  annuity,  if  any,  shall  be
      computed  as  it  would  be, (a) if it were not reduced by the actuarial
      equivalent of any outstanding loan, (b) if it were not increased by  the
      actuarial equivalent of any additional contributions, (c) if it were not
      reduced  by  reason  of  the  member's  election to decrease his annuity
      contributions in order to apply the amount of such reduction in  payment
      of  his  contributions for old-age and survivors insurance coverage, (d)
      as it would be without any optional modification.
        3. Where a city-maintained  pension  plan  or  retirement  system  for
      officers  or  members  of  the uniformed force of the fire department of
      such city provides for disability retirement, such retirement  allowance
      shall  be  computed  on the basis of the annual compensation earnable on
      the date of the retirement for disability of any member.
        4.  Where  additional  retirement  benefits  are  payable  under   the
      city-maintained pension plan or retirement system, or are required to be
      paid  pursuant  to  section  two  hundred  seven-b of this chapter, such
      additional benefits shall be paid, for service in  addition  to  and  in
      excess  of  the minimum service requirements, in addition to the minimum
      retirement benefits required to be paid by this section.
        5. The provisions of this section shall not apply to  members  of  the
      New York state policemen's and firemen's retirement system.
        * NB There are 2 § 207-e's