2006 New York Code - Retirement; Minimum Ages For Service Retirement.

 
    §  13-151  Retirement; minimum ages for service retirement. Retirement
  of a member for service shall be made by the board as follows:
    1. Any member in city-service may retire upon written  application  to
  the  board  setting  forth  at  what  time,  not  less  than thirty days
  subsequent to the execution and filing thereof, he or she desires to  be
  retired,  provided  that such member at the time so specified for his or
  her retirement  shall  have  attained  the  minimum  age  of  retirement
  provided  for  the  group  of  which he or she shall be a member at such
  time.
    (a) The minimum ages for service retirement from the  groups  provided
  for by section 13-106 of this chapter, shall be as follows:
                                                    Minimum service
  Group number          Group name             retirement age for group
      One          Laborers and unskilled              58 years
                     workers engaged upon
                     duties requiring
                     principally physical
                     exertion.
      Two          Mechanics and skilled               59 years
                     workers engaged upon
                     duties requiring
                     principally physical
                     exertion.
      Three        Clerical, administrative,           60 years
                     professional and technical
                     workers engaged upon duties
                     requiring principally mental
                     exertion, including heads of
                     departments.
    (b)  The  minimum age for service retirement from any additional group
  provided for by the board under the provisions of section 13-106 of this
  chapter, shall be as determined by such board, provided,  however,  that
  such  board  shall  be limited in its selection to an age which shall be
  within one year of the age determined by the actuary to be  the  nearest
  age  at  which  a  member,  entering the retirement system at the age of
  twenty-five years and paying the average rate of  contribution  (without
  including   in  the  computation  the  possibility  of  a  reduction  of
  contribution pursuant to section 13-152 of this chapter)  applicable  to
  entrants in other service groups at that age, will produce an annuity of
  one-quarter  of  such member's final compensation, computed on the basis
  of regular interest and of  the  mortality,  service  and  other  tables
  adopted by the board as applicable to the group for which the retirement
  age is to be determined.
    2.  Notwithstanding  any  other  provisions  of  this  section  or the
  provisions of any other section of the code to the  contrary,  a  member
  who  is an honorably discharged member of any branch of the armed forces
  of the United States, having served as such during the time of  war  and
  who  has attained the age of fifty years, may retire upon his or her own
  request upon written application to the board setting forth at what time
  not less than thirty days subsequent to the execution and filing thereof
  he or she desires to be retired, provided that such member at  the  time
  so  specified  for  his  or her retirement shall have completed at least
  twenty-five years of allowable  service.  Upon  retirement  such  member
  shall  receive  an  annuity  of equivalent actuarial value to his or her
  accumulated deductions,  and,  in  addition,  a  pension  which  is  the
  actuarial equivalent of the reserve-for-increased-take-home-pay to which
  he  or  she  may  then  be entitled, if any, and, in addition, a pension
  beginning immediately, having a value equal to the present value of  the


  pension  at  the  beginning  of  his  previous  minimum  age  of service
  retirement that would be payable to him or  her  at  such  age  for  the
  period  of  service  creditable  to  him  or  her  at  the  time of such
  retirement,   provided,   however,   that  the  said  member  on  making
  application for retirement shall pay into the retirement fund a  sum  of
  money  which  calculated on an actuarial basis, together with his or her
  prior contributions and other accumulations in said fund then to his  or
  her  credit,  shall be sufficient to entitle the said member to the same
  annuity,  pension-providing-for-increased-take-home-pay,  if  any,   and
  pension  that  he  would  have  received  had  he or she remained in the
  service of the city until he or she had attained the age at which he  or
  she otherwise would have become eligible for retirement.
    3.  Notwithstanding  any  other  provisions  of  this  section  or the
  provisions of any other section of the code to the  contrary,  a  member
  who  is  separated  or  discharged  under  honorable conditions from any
  branch of the armed forces of the United States, having served  as  such
  during  the time of war and who has attained the age of fifty years, may
  retire upon his or her own request upon written application to the board
  setting forth at what time, not less than thirty days subsequent to  the
  execution  and filing thereof, he or she desires to be retired, provided
  that such member at the time so specified for his retirement shall  have
  completed at least twenty-five years of allowable service. Upon reaching
  his  or her previously selected minimum retirement age such member shall
  receive an annuity of equivalent actuarial value, at that time,  to  his
  or  her  accumulated  deductions, and, in addition, a pension based upon
  his  or  her   credited   years   of   allowable   service,   plus   the
  pension-for-increased-take-home-pay,  if  any.  Should  such  member die
  before reaching his or her retirement age, then any beneficiary under  a
  selected  option  will be eligible for benefits under such option at the
  date upon which the member  would  have  reached  his  or  her  selected
  retirement age.
    4.  (a)  Notwithstanding  any  other provisions of this section or the
  provisions of any other section of the code, or any other provisions  of
  law  to  the  contrary,  a member may at any time file with such board a
  written application  for  retirement  in  the  form  required  for  such
  application,  electing  an  option or options in accordance with section
  13-177 of this chapter, but requesting that such retirement  under  such
  option  or  options  shall  become  effective  on  the  day  immediately
  preceding his or her death.  Such  application  shall  be  known  as  an
  application  for  presumed  retirement.  At  any  time  while  any  such
  application of a member is being held by the board pursuant to paragraph
  (b) of this subdivision four, such  member  may,  by  filing  a  written
  designation  in  such  form as shall be prescribed by the board, elect a
  different option and/or nominate a new option beneficiary  in  place  of
  any   such   beneficiary   previously  selected  with  respect  to  such
  application.
    (b) Such application shall be held by the board until:
    (1) such member shall file an application for actual retirement; or
    (2) he or she ceases to be a member of the retirement system; or
    (3) he or she dies; whichever of such events shall first occur.
    (c) In the event of such member's death after he or she  has  attained
  eligibility  for  retirement  by  reason  of  service  (other than under
  section 13-150 of this chapter) and while such application for  presumed
  retirement  shall  continue  to  be so held by such board, such member's
  said retirement shall become effective with the  same  benefits  to  the
  beneficiary  designated pursuant to section 13-177 of this chapter or to
  the legal representatives of such  member,  if  no  beneficiary  was  so
  designated  or  if  the  beneficiary  last  designated  predeceased such


  member, as if such member (if other than a career pension plan member or
  transit twenty-year plan member) had retired and had become entitled  to
  a  retirement allowance on the day immediately preceding the date of his
  or her death or, in the case of a career pension plan member who so dies
  or  a  transit  twenty-year  plan  member  who  so  dies and to whom the
  provisions of this paragraph  have  been  made  applicable  pursuant  to
  paragraph  (h)  of this subdivision four, as if he or she had retired on
  the day immediately preceding the date of his or her death.
    (d) (1) In the  event  that  a  member,  who  would  be  eligible  for
  retirement by reason of service (other than under section 13-150 of this
  chapter),  dies  while  in  service  before  filing  with  such board an
  application for presumed  retirement  in  the  form  required  for  such
  application,  or  who, having filed an application for actual retirement
  in the form required, dies while in service and prior to  the  effective
  date  of  his  or  her  retirement,  such member, if other than a career
  pension  plan  member  or  transit  twenty-year   plan   member,   shall
  nevertheless  be deemed to have been retired and to have become entitled
  to a retirement allowance effective on the day immediately preceding the
  date of his or her death or, if such member dies while a career  pension
  plan  member  or  while  a  transit  twenty-year plan member to whom the
  provisions of this subparagraph one of this paragraph (d) have been made
  applicable pursuant to paragraph (h)  of  this  subdivision  four,  such
  member  shall  be  deemed  to  have  been retired on the day immediately
  preceding the date of his death.
    (2) If any member presumed to be retired pursuant to subparagraph  one
  of this paragraph (d) had not indicated his or her election of an option
  under  which  he or she desired to be retired, he shall be considered as
  having elected to retire under the option  designated  as  Option  1  of
  section 13-177 of this chapter.
    (3)  Except  as  otherwise  prescribed  by any other provision of this
  chapter with respect to any transit twenty-year plan member to whom  the
  provisions  of  subparagraph  one  of  this paragraph (d) have been made
  applicable pursuant to paragraph (h) of this subdivision  four,  if  any
  retired  member  dies  on  or  after  the  effective  date of his or her
  retirement and prior to the first payment  on  account  of  his  or  her
  retirement  allowance,  and  had  not  elected  Option 1, 2, 3 or 4 with
  respect to such retirement, he or she shall be deemed  to  have  elected
  Option 1 with respect thereto.
    (e)  (1) Notwithstanding any provision of paragraph (c) or (d) of this
  subdivision four to the contrary, in any case where:
    (i)  any  member  dies  on  or  after  July  first,  nineteen  hundred
  sixty-eight  under  such  circumstances  that a benefit is payable under
  paragraph (c) of this subdivision and such member had elected  Option  1
  without  designating  a beneficiary or with designation of a beneficiary
  who predeceased such member; and
    (ii) any member or  retired  member  dies  on  or  after  July  first,
  nineteen  hundred sixty-eight under such circumstances that a benefit is
  payable under paragraph (d) of this subdivision, and such member did not
  elect an option or,  having  elected  Option  1,  did  not  designate  a
  beneficiary  with respect to such option or designated a beneficiary who
  predeceased such member; the benefit payable under this subdivision with
  respect to such death shall be paid as prescribed in subparagraph two of
  this paragraph (e).
    (2) (i) The portion of such benefit based upon such member's  annuity,
  if  any,  shall  be  paid to the beneficiary, if any, designated by such
  member to receive such member's  accumulated  deductions  under  section
  13-148 of this chapter.


    (ii)  The  portion  of  such  benefit based upon such member's pension
  shall be paid to the beneficiary, if any, designated by such  member  to
  receive his or her death benefit under such section.
    (iii)  If  such  member did not designate a beneficiary to receive any
  benefit payable under such section, the benefit under  this  subdivision
  shall be paid to his or her estate.
    (f)  Except as otherwise provided in paragraph (g) of this subdivision
  four, the beneficiary designated pursuant  to  section  13-177  of  this
  chapter,  or  the legal representatives of such member if no beneficiary
  was so designated or if the beneficiary last designated predeceased such
  member,  or  the  beneficiary  specified  in  paragraph  (e)   of   this
  subdivision  four in any case where such paragraph (e) is applicable, to
  whom benefits are payable  under  this  subdivision,  may  elect,  by  a
  statement  in  writing executed and filed with the board, to receive the
  benefits payable under section 13-148 of this chapter  in  lieu  of  the
  benefit payable hereunder.
    (g)  (1)  In  the event of the accidental death of any member who dies
  prior  to  retirement  under  such  circumstances  that  benefits  would
  otherwise  be  payable  or  might otherwise be required to be paid under
  section 13-149 of this chapter, the provisions of this subdivision  four
  shall  be  inapplicable with respect to such death and no benefits shall
  be payable under this subdivision by reason thereof, except as otherwise
  provided in subparagraph two of this paragraph (g).
    (2) If such accidental death likewise occurs under  the  circumstances
  specified in paragraph (c) of this subdivision or in subparagraph one of
  paragraph (d) of this subdivision:
    (a)   The   accumulated   deductions,   if   any,   of   such  member,
  notwithstanding any provision of such section 13-149 of this chapter  to
  the contrary, shall be paid to the beneficiary or legal representatives,
  as the case may be, who would be entitled to receive benefits under this
  subdivision  four  if  the  death  of such member were not an accidental
  death subject to the provisions of such section; and
    (b) the beneficiary or legal representatives entitled to receive  such
  accumulated   deductions,   if   any,  pursuant  to  item  (a)  of  this
  subparagraph two and all persons who  are  entitled  to  apply  for  and
  receive   benefits   under  such  section  13-149  of  this  chapter  as
  dependents, may elect, by a statement in writing executed and  filed  by
  them  with the board within six months after such accidental death, that
  benefits shall be paid under this subdivision four, in lieu of  any  and
  all  benefits  otherwise  payable under such section; provided, however,
  that such right of election shall cease and come to an end in the  event
  that  such  beneficiary  or  legal representatives or any such dependent
  shall execute and file with the board a statement in  writing  declaring
  that such signatory does not wish to exercise such right of election.
    (h)  Notwithstanding  any  other  provisions of this subdivision four,
  this subdivision shall be inapplicable to all members who  are  officers
  or  employees of the New York city transit authority, provided, however,
  that such authority shall have full power  and  authority  to  make  the
  provisions  of  this  subdivision  applicable  to  employees  covered by
  agreements hereafter made by the authority with employee representatives
  duly recognized by the  authority  and,  if  so  provided  in  any  such
  agreement,  the authority shall adopt a resolution making the provisions
  of  this  subdivision  applicable  to  the  employees  covered  by  such
  agreement  as of the date specified in such agreement; and, in the event
  that the authority enters into any such agreement, it may from  time  to
  time by resolution make applicable the provisions of this subdivision to
  such  of the officers and employees of the authority not covered by such
  agreements as it shall designate in any such resolution,  and  upon  the


  adoption  of  any  such  resolution,  the provisions of this subdivision
  shall apply to the officers and employees so  designated  therein,  such
  applicability to commence on the date of effectiveness specified in such
  resolution,  which date shall not be earlier than the earliest effective
  date specified  for  applicability  of  this  subdivision  in  any  such
  agreement.
    (i)  Except  as  otherwise  prescribed  by any other provision of this
  chapter with respect to any transit twenty-year plan member to whom  the
  provisions  of  paragraph  (c) of this subdivision four and subparagraph
  one of paragraph (d) of  this  subdivision  have  been  made  applicable
  pursuant  to  paragraph  (h)  of  this  subdivision,  any member who has
  elected Option 2, 3 or 4 pursuant to section 13-177 of this chapter  may
  elect, within the period of time allowed by such section for election of
  an option, that in the event that he dies on or after the effective date
  of  his  retirement  and  before  the  first  payment  on account of his
  retirement allowance, a benefit under Option 1 shall be paid in lieu  of
  any benefit under Option 2, 3 or 4, as the case may be.
    (j)  (1)  Notwithstanding  any  other provision of this chapter to the
  contrary, in any case where any benefit is payable under Option 2, 3  or
  4 pursuant to paragraph (c) or (d) of this subdivision four by reason of
  the  death  of  a  career  pension plan member or the death of a retired
  member who was, at the time of his or her retirement, a  career  pension
  plan member, and such death occurs before the initial date of retirement
  allowance payability with respect to such member or retired member, such
  benefit shall begin on such initial date.
    (2)  Notwithstanding  any  other  provision  of  this  chapter  to the
  contrary, in any case where any benefit is payable under Option 2, 3  or
  4 pursuant to paragraph (c) of this subdivision four or subparagraph one
  of paragraph (d) of this subdivision by reason of the death of a transit
  twenty-year  plan member to whom the provisions of such paragraph (c) or
  subparagraph one have been made applicable pursuant to paragraph (h)  of
  this  subdivision,  and  such  death  occurs  before the initial date of
  retirement allowance payability with respect to such member, as  defined
  by  the  applicable provisions of this chapter, such benefit shall begin
  on such initial date.
    (k) Notwithstanding  any  other  provision  of  this  chapter  to  the
  contrary, in any case where a career pension plan member dies in service
  while  such  a member, after attaining the age of fifty-five years, and,
  at the time of his or her death,  has  not  completed  twenty  years  of
  career  pension  plan qualifying service, such member shall be deemed to
  have died as a fifty-five-year-increased-service-fraction member.
    (k-1) (1) Notwithstanding any other provision of this chapter  to  the
  contrary, but subject to subparagraph two of this paragraph, in any case
  where,   on   or  after  the  date  this  paragraph  becomes  a  law,  a
  fifty-five-year-increased-service-fraction member dies in service  while
  such  a  member, after completing twenty or more years of career pension
  plan qualifying service, such member shall be deemed to have died  as  a
  career  pension  plan  member,  if  status as such a career pension plan
  member at the time of his or her death would result in a benefit  larger
  than  the  benefit  which  would  be payable if such member died while a
  fifty-five-year-increased-service-fraction member.
    (2) In any case where a member referred to in subparagraph one of this
  paragraph is a Tier II member at the time his or her death,  any  change
  in  the plan membership of such member pursuant to such subparagraph one
  shall not change, alter or affect the applicability of article eleven of
  the retirement and social security law to such member.
    (l) Notwithstanding  any  other  provision  of  this  chapter  to  the
  contrary,  in any case where a benefit is payable under any provision of


  this subdivision four, by reason of the death, on or after the  date  of
  enactment  of  this  paragraph,  of  a  career  pension  plan  member or
  fifty-five-year-increased-service-fraction member, and such  benefit  or
  any  part  thereof would otherwise be required, by reason of an election
  filed by such member pursuant  to  subdivision  fifty-eight  of  section
  13-101   of   this   chapter,  to  be  computed  on  the  basis  of  the
  three-year-average compensation  of  such  member,  such  benefit  shall
  nevertheless  be computed as if such election had not been made, if such
  benefit, computed as it would be in the absence of such election,  would
  be   greater  than  it  would  be  if  computed  on  the  basis  of  the
  three-year-average compensation of such member.