Section 620. Benefit limitations


Latest version.
  • 1. Notwithstanding any other law to the
      contrary, for all members of a public retirement  system  to  which  the
      state  or a municipality contributes who join on or after January first,
      nineteen hundred ninety, the benefits payable shall be  subject  to  the
      limitations  set  forth  in section four hundred fifteen of the Internal
      Revenue Code.
        2. Notwithstanding any other law to the contrary, for all members of a
      public  retirement  system  to  which  the  state  or   a   municipality
      contributes  who joined prior to January first, nineteen hundred ninety,
      the benefits payable shall be subject to the greater  of  the  following
      limitations  as  provided in paragraph ten of subdivision (b) of section
      four hundred fifteen of the Internal Revenue Code:
        a. the limitations set forth in section four hundred  fifteen  of  the
      Internal Revenue Code, or
        b.  the  accrued  benefit  of the member without regard to any benefit
      increases pursuant to a plan amendment adopted after October fourteenth,
      nineteen hundred eighty-seven.
        3. Notwithstanding the foregoing, any benefit which has  been  limited
      by  either  the dollar or compensation limitations of section 415 of the
      Internal Revenue Code shall be increased for cost-of-living  adjustments
      of  such  limitations  pursuant  to  such  section  and  the  applicable
      regulations thereunder, provided, however, the benefit shall not  exceed
      the  benefit  otherwise  payable  but  for  the  limitations of Internal
      Revenue Code section 415.
        4. Notwithstanding any other law, the limitation year of the New  York
      state teachers' retirement system for the purposes of section 415 of the
      Internal Revenue Code shall be the period commencing on the first day of
      July  of  each  year  and  ending  on  the  thirtieth  day  of June next
      following.
        5. Notwithstanding any other law, the limitation year of the New  York
      state  and local employees' retirement system and the New York state and
      local police and fire retirement system for the purposes of section  415
      of the Internal Revenue Code shall be the period commencing on the first
      day  of  April  of each year and ending on the thirty-first day of March
      next following.
        6. Notwithstanding any other law, the limitation years of the New York
      city  employees'  retirement  system,  the  New  York   city   teachers'
      retirement  system,  the  New  York  city  board of education retirement
      system, the New York city police pension fund and the New York city fire
      department pension fund for the purposes of section 415 of the  Internal
      Revenue  Code shall be the period commencing on the first day of July of
      each year and ending on the thirtieth day of June next following.