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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Basic Plan with Increased-Take-Home-Pay (ITHP)

For PFRS Tier 1, 2, 5 and 6 Members, and Tier 3 Members Covered by Article 11

(Sections 370-a, 371-a & 375)

IRS Pension Limitation

Internal Revenue Code Section 401(a)(17) limits the amount of salary that qualified pension plans, including the New York State and Local Retirement System, may use in the calculation of benefits. It affects members who first join on or after April 1, 1996, and currently excludes earnings over $250,000 (effective April 1, 2012) in the State’s fiscal year (April 1st – March 31st). The amount is set by federal law and is periodically adjusted for inflation.