Neither sections 13-156 (j) (2) and 13-157 (j) (2) of the Administrative Code of the City of New York nor the constitutional guarantee of equal protection of the law require parity of variable supplemental benefits between City Police retirees and Housing and Transit Police retirees ( see, Ornstein v Regan, 604 F.2d 212, 215). Article V (§ 7) of the New York Constitution is not violated since the statutory scheme governing the Housing and Transit Police Variable Supplement Funds does not diminish or impair any benefit of the New York City Employees Retirement System ( see, Poggi v City of New York, 109 A.D.2d 265, affd 67 N.Y.2d 794). Finally, the eligibility of only service retirees for Variable Supplement Fund payments does not deprive disability retirees of equal protection of the law, nor does it violate State or Federal civil rights laws ( see, Matter of Ryan v Board of Trustees, 138 Misc.2d 826, affd 151 A.D.2d 1055, appeal dismissed 74 N.Y.2d 944; Castellano v Board of Trustees, 937 F.2d 752, cert denied 502 U.S. 941).
Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.