§ 445 — Service retirement benefit

§ 445. Service retirement benefit. a. No member of a retirement\nsystem who is subject to the provisions of this article shall retire\nwithout regard to age, exclusive of retirement for disability, unless\nthey are a police officer, an investigator member of the New York city\nemployees' retirement system, firefighter, correction officer, a\nqualifying member as defined in section eighty-nine-t, as added by\nchapter six hundred fifty-seven of the laws of nineteen hundred\nninety-eight, of this chapter, sanitation worker, a special officer\n(including persons employed by the city of New York in the title urban\npark ranger or associate urban park ranger), school safety agent, campus\npeace officer or a taxi and limousine commission inspector member of the\nNew York city employees' retirement system or the New York city board of\neducation retirement system, a dispatcher member of the New York city\nemployees' retirement system, a police communications member of the New\nYork city employees' retirement system, an EMT member of the New York\ncity employees' retirement system, a deputy sheriff member of the New\nYork city employees' retirement system, a correction officer of the\nWestchester county correction department as defined in section\neighty-nine-e of this chapter or employed in Suffolk county as a peace\nofficer, as defined in section eighty-nine-s, as added by chapter five\nhundred eighty-eight of the laws of nineteen hundred ninety-seven, of\nthis chapter, employed in Suffolk county as a correction officer, as\ndefined in section eighty-nine-f of this chapter, or employed in Nassau\ncounty as a correction officer, uniformed correction division personnel,\nsheriff, undersheriff or deputy sheriff, as defined in section\neighty-nine-g of this chapter, or employed in Nassau county as an\nambulance medical technician, an ambulance medical technician/supervisor\nor a member who performs ambulance medical technician related services,\nor a police medic, police medic supervisor or a member who performs\npolice medic related services, as defined in section eighty-nine-s, as\namended by chapter five hundred seventy-eight of the laws of nineteen\nhundred ninety-eight, of this chapter, or employed in Nassau county as a\npeace officer, as defined in section eighty-nine-s, as added by chapter\nfive hundred ninety-five of the laws of nineteen hundred ninety-seven,\nof this chapter, or employed in Albany county as a sheriff,\nundersheriff, deputy sheriff, correction officer or identification\nofficer, as defined in section eighty-nine-h of this chapter or is\nemployed in St. Lawrence county as a sheriff, undersheriff, deputy\nsheriff or correction officer, as defined in section eighty-nine-i of\nthis chapter or is employed in Orleans county as a sheriff,\nundersheriff, deputy sheriff or correction officer, as defined in\nsection eighty-nine-l of this chapter or is employed in Jefferson county\nas a sheriff, undersheriff, deputy sheriff or correction officer, as\ndefined in section eighty-nine-j of this chapter or is employed in\nOnondaga county as a deputy sheriff-jail division competitively\nappointed or as a correction officer, as defined in section\neighty-nine-k of this chapter or is employed in a county which makes an\nelection under subdivision j of section eighty-nine-p of this chapter as\na sheriff, undersheriff, deputy sheriff or correction officer as defined\nin such section eighty-nine-p or is employed in Broome County as a\nsheriff, undersheriff, deputy sheriff or correction officer, as defined\nin section eighty-nine-m of this chapter or is a Monroe county deputy\nsheriff-court security, or deputy sheriff-jailor as defined in section\neighty-nine-n, as added by chapter five hundred ninety-seven of the laws\nof nineteen hundred ninety-one, of this chapter or is employed in Greene\ncounty as a sheriff, undersheriff, deputy sheriff or correction officer,\nas defined in section eighty-nine-o of this chapter or is a traffic\nofficer with the town of Elmira as defined in section eighty-nine-q of\nthis chapter or is employed by Suffolk county as a park police officer,\nas defined in section eighty-nine-r of this chapter or is a peace\nofficer employed by a county probation department as defined in section\neighty-nine-t, as added by chapter six hundred three of the laws of\nnineteen hundred ninety-eight, of this chapter or is employed in\nRockland county as a deputy sheriff-civil as defined in section\neighty-nine-v of this chapter as added by chapter four hundred forty-one\nof the laws of two thousand one, or is employed in Rockland county as a\nsuperior correction officer as defined in section eighty-nine-v of this\nchapter as added by chapter five hundred fifty-six of the laws of two\nthousand one or is a paramedic employed by the police department in the\ntown of Tonawanda and retires under the provisions of section\neighty-nine-v of this chapter, as added by chapter four hundred\nseventy-two of the laws of two thousand one, or is a county fire\nmarshal, supervising fire marshal, fire marshal, assistant fire marshal,\nassistant chief fire marshal, chief fire marshal, division supervising\nfire marshal or fire marshal trainee employed by the county of Nassau as\ndefined in section eighty-nine-w of this chapter or is employed in\nMonroe county as a deputy sheriff-civil as defined in section\neighty-nine-x of this chapter, employed as an emergency medical\ntechnician, critical care technician, advanced emergency medical\ntechnician, paramedic or supervisor of such titles in a participating\nSuffolk county fire district as defined in section eighty-nine-ss of\nthis chapter, or is a firefighter apprentice, airport firefighter I,\nairport firefighter II, airport firefighter III, or training and safety\nofficer employed by the division of military and naval affairs as\ndefined in section eighty-nine-y of this chapter and is in a plan which\npermits immediate retirement upon completion of a specified period of\nservice without regard to age. Except as provided in subdivision c of\nsection four hundred forty-five-a of this article, subdivision c of\nsection four hundred forty-five-b of this article, subdivision c of\nsection four hundred forty-five-c of this article, subdivision c of\nsection four hundred forty-five-d of this article, subdivision c of\nsection four hundred forty-five-e of this article, subdivision c of\nsection four hundred forty-five-f of this article and subdivision c of\nsection four hundred forty-five-h of this article, a member in such a\nplan and such an occupation, other than a police officer or investigator\nmember of the New York city employees' retirement system or a\nfirefighter, shall not be permitted to retire prior to the completion of\ntwenty-five years of credited service; provided, however, if such a\nmember in such an occupation is in a plan which permits retirement upon\ncompletion of twenty years of service regardless of age, they may retire\nupon completion of twenty years of credited service and prior to the\ncompletion of twenty-five years of service, but in such event the\nbenefit provided from funds other than those based on such a member's\nown contributions shall not exceed two per centum of final average\nsalary per each year of credited service.\n b. No member in a retirement plan which, prior to the effective date\nof this article, permitted all members to retire upon the attainment of\nage fifty and completion of twenty years of service shall be permitted\nto retire without benefit reduction prior to the attainment of age\nfifty-five and completion of twenty-five years of service. In the event\nthat such a member retires prior to the attainment of age fifty-five or\ncompletion of twenty-five years of service, the benefit provided from\nfunds other than those based on such a member's own contributions shall\nnot exceed two percentum of final average salary per each year of\ncredited service.\n c. A person who is a member of an optional twenty year retirement plan\nfor police officers and firefighters in jurisdictions which have elected\nto provide such plan and such jurisdiction further elects to permit\nretirement at age fifty-five without reduction may then elect to join\nunder section three hundred seventy-five-i or three hundred\nseventy-five-j of this chapter, if either plan is provided by the\nemployer, and may retire without reduction of his or her retirement\nbenefit upon attaining the age of fifty-five.\n