§ 530 — Elimination of mandatory retirement

§ 530. Elimination of mandatory retirement. a. Notwithstanding any\nprovision of law, code, rule or regulation to the contrary and except as\nprovided in subdivisions b and c hereof, no member of a public\nretirement system or pension fund maintained by the state or a\nmunicipality thereof, nor any employee who was eligible to join such a\npublic retirement system but in lieu thereof elected an optional\nretirement program to which his or her employer is thereby obligated to\ncontribute, shall be required to retire or separate from service on the\nbasis of age.\n b. This article shall not apply to any member of a retirement plan\nwhich permits immediate retirement upon a specified period of service of\ntwenty-five years or less without regard to age, nor shall this article\napply to any employee serving an employer in a position that, if offered\nto any individual not having been previously employed by any employer\n(as "employer" is defined in this chapter) or by an employer in any of\nthe public retirement systems funded and maintained by a city, would\nqualify any such individual to become a member of a retirement plan\nwhich permits immediate retirement upon a specified period of service of\ntwenty-five years or less without regard to age.\n c. Nothing contained in this article shall be construed to prohibit\nmandatory retirement or separation from service on the basis of age\nwhere age is a bona fide occupational qualification reasonably necessary\nto the performance of the employee's public duties.\n d. Nothing contained in this article shall be construed to extend the\ntime limitations on payments authorized by section two hundred seven-a\nof the general municipal law, as such limitations are set forth in\nsubdivisions two and four of such section; nor shall anything in this\narticle be deemed to extend the time limitations on payments authorized\nby section two hundred seven-c of the general municipal law, as such\nlimitations are set forth in subdivision five of such section.\n e. Notwithstanding any other provisions of law to the contrary, any\nperson who was employed by the state of New York or a participating\nemployer and who was previously denied membership in the New York state\nand local employees' retirement system based solely on the mandatory\nretirement provisions in effect at the time of commencing employment and\nwho has met all the salary and service credit requirements for a service\nretirement benefit provided by the applicable provisions of this chapter\nshall be entitled to file for a service retirement benefit,\nnotwithstanding the mandatory retirement provisions in effect prior to\nthe effective date of this section, and shall be entitled to receive\nsuch retirement benefit commencing the day after his or her public\nemployment ceased.\n