2006 New York Code - Termination Of Service Of Members Of Uniformed Force Because Of Superannuation.



 
    §  15-121 Termination of service of members of uniformed force because
  of superannuation. a. Except as otherwise provided in subdivision  c  of
  this  section  no member of the uniformed force of the department except
  medical officers, who is or hereafter  attains  the  age  of  sixty-five
  years  shall  continue  to  serve as a member of such force but shall be
  retired and placed on the pension  rolls  of  the  department,  provided
  however,  that  any  member  who  is  not eligible for retirement at age
  sixty-five, shall continue to serve as a member only until such time  as
  such member becomes eligible for such pension retirement.
    b.  Notwithstanding the provisions of subdivision a of this section or
  of any other section of law, any member who  shall  not  have  completed
  thirty-five  years  of  creditable  city  service  within the meaning of
  subdivision h of section 13-304 of the code, prior to attaining the  age
  of  sixty-five  years  may continue to serve as a member until he or she
  shall have completed such thirty-five years of creditable city  service,
  provided  that he or she is capable of performing duty acceptable to the
  commissioner. This section  does  not  apply  to  chaplains  or  medical
  officers.  This  section  shall  apply  only  to  members who are in the
  department on the first day of December, nineteen hundred seventy-one.
    c.  Any  member  whose  retirement  has  become  mandatory  under  the
  provisions  of  subdivision  a of this section may, upon approval of the
  commissioner, request of the  board  of  estimate  that  he  or  she  be
  continued  as a member of the uniformed force for a period not exceeding
  two years. The board, where advantageous  to  the  public  service,  may
  grant  such  request  for  a  period  not  exceeding  two  years. At the
  termination of such additional period of service, such board may in like
  manner permit  such  member  to  continue  in  the  public  service  for
  successive  periods  each  not  exceeding two years. In no event shall a
  member be  continued  in  public  service  upon  attaining  the  age  of
  seventy-five years.

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