§ 113-A — Suspension of state and local provisions requiring termination of service or retirement on account of age

New York § 113-A

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 12: Miscellaneous Provisions; Saving and Construction Clauses
• Art. 2: New York State Employees' Retirement System

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§ 113-a. Suspension of state and local provisions requiring\ntermination of service or retirement on account of age. In the case of\npersons who have not attained eligibility for the payment of benefits\nunder the federal old-age and survivors insurance law, the provisions of\nany general, special or local law, city or village charter, ordinance,\nresolution, rule or regulation relating to employment by the state or a\nmunicipality or to membership in any public pension or retirement system\nmaintained by any of them which require or authorize the termination of\nservice or retirement of any public employee or member of any such\nsystem, without his application or consent, on account of his attaining\nage of compulsory retirement, are hereby suspended so that terminations\nof service or retirements thereunder may not be required to become\neffective until such eligibility for the payment of benefits under the\nfederal old-age and survivors insurance law has been attained or before\nJune thirtieth, nineteen hundred fifty-nine or, in the case of members\nof the New York city teachers' retirement system, before August\nthirty-first, nineteen hundred fifty-nine, whichever shall first occur.\n This section shall not apply to any officer appointed for a fixed term\nor serving at the pleasure of an appointing officer or body provided\nhowever, that the appointing officer or body, for the purposes of and\nwithin the limitations of this section, shall have power to extend the\nservice of any such officer for any period ending not later than June\nthirtieth, nineteen hundred fifty-nine, which extension shall be at the\npleasure of the officer or body having the power of appointment. This\nsection shall not apply to any person serving in an elective office nor\nto officers or employees of instrumentalities jointly created by this\nstate and any other state or states.\n