§ 539 — Certain actions by retiring members

§ 539. Certain actions by retiring members. 1. Notwithstanding any law\nto the contrary, this section shall apply to any member of the system\nwho is otherwise eligible to retire pursuant to the provisions of this\narticle or pursuant to article fourteen or fifteen of the retirement and\nsocial security law.\n 2. Subject to the limitations in subdivisions three and four of this\nsection, a member shall be retired for service or with a deferred\nretirement allowance, as requested by the member, upon or on a date\nafter the filing of a retirement application with the retirement system.\n 3. A member shall not file for service retirement or for a deferred\nretirement allowance any earlier than ninety days prior to the date on\nwhich the member desires to be retired.\n 4. A member shall not be retired under any provision of law until the\nmember has ceased to be paid on the payroll of an employer participating\nin the retirement system. In the case of a member who has the right to\nretire for disability under article fourteen of the retirement and\nsocial security law, disability retirement shall not commence any\nearlier than the date on which primary social security disability\nbenefits commence.\n 5. A member may retroactively withdraw his or her retirement for\nservice or with a deferred retirement allowance by filing a revocation\nof retirement no later than fourteen days following the date upon which\nthe member was retired. The retirement system shall have no obligation\nto make any payment on account of any service retirement or deferred\nretirement allowance during said period.\n 6. An option selection duly filed by the member with the retirement\nsystem shall become effective upon retirement. Notwithstanding the\nforegoing, a member who has been retired for service or with a deferred\nretirement allowance may file an option selection or change or\nwithdrawal of an option selection previously filed no later than thirty\ndays following the date on which the member has retired; a member who\nhas been retired for disability may file an option selection or a change\nor withdrawal of an option selection previously filed no later than (i)\nthirty days following the date on which such member's application for\ndisability retirement was approved by the retirement board or (ii)\nthirty days following the date on which the member was retired for\ndisability, whichever is later.\n 7. A member subject to the provisions of this article who has\naccumulated contributions credited to the member's individual account in\nthe annuity savings fund may elect to withdraw such contributions\npursuant to subdivision six of section five hundred sixteen of this\narticle within the period provided in subdivision six of this section\nfor the selection, change or withdrawal of an option selection.\n