§ 441 — Eligibility for retirement

New York § 441

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 11: Limitations Applicable to New Entrants

Text

§ 441. Eligibility for retirement. a. No member of a retirement system\nwho is subject to the provisions of this article shall be eligible to\nretire until he has rendered a minimum of five years of credited service\nafter July first, nineteen hundred seventy-three; provided, however,\nthat this limitation shall not apply to the case of a member otherwise\neligible to retire for disability. A member who attains the mandatory\nretirement age of the plan of which he is a member without having the\nrequisite period of service required as a condition of eligibility for\nretirement, shall be separated from service upon attainment of such\nmandatory retirement age; provided, however, that this requirement shall\nnot preclude a member from being continued in service beyond such\nmandatory retirement age pursuant to other appropriate provisions of\nlaw.\n b. Notwithstanding the provisions of subdivision a of this section, a\nretired member, receiving a retirement allowance for other than physical\ndisability: (i) who returns to active public service and joins or\nrejoins a public retirement system on or after July first, nineteen\nhundred seventy-three; and (ii) who thereafter separates from service\nprior to the completion of two years of credited service, shall, upon\nsuch separation, be entitled to receive a retirement allowance which\nshall consist of an annuity which is the actuarial equivalent of his\naccumulated contributions, and the pension, including\npension-providing-for-increased-take-home-pay, which he was receiving\nprior to his last restoration to membership.\n c. Notwithstanding the provisions of subdivision a of this section, a\nmember of a retirement system who is subject to the provisions of this\narticle shall be eligible to retire without having rendered a minimum of\nfive years of credited service after July first, nineteen hundred\nseventy-three, if such member has rendered a minimum of five years of\ncontinuous service, in the employ of the participating employer from\nwhich he retires, immediately prior to retirement. For the purpose of\nthis subdivision, the term "service" shall mean credited service\nrendered after July first, nineteen hundred seventy-three, and prior\nservice rendered immediately before entry into a retirement system.\n d. Notwithstanding the provisions of subdivision a of this section, a\nmember of a retirement system who is subject to the provisions of this\narticle shall be eligible to retire without having rendered a minimum of\nfive years of credited service after July first, nineteen hundred\nseventy-three if such member has rendered a minimum of three years of\ncontinuous service after July first, nineteen hundred seventy-three and\nhad rendered at least twenty years of credited service prior to January\nfirst, nineteen hundred fifty-five.\n