2006 New York Code - Service Retirement Benefit.



 
    § 445. Service retirement benefit. a. No member of a retirement system
  who  is  subject  to the provisions of this article shall retire without
  regard to age, exclusive of retirement for disability, unless  he  is  a
  policeman,  an  investigator  member  of  the  New  York city employees'
  retirement system, fireman, correction officer, a qualifying  member  as
  defined  in  section  eighty-nine-t,  as  added  by  chapter six hundred
  fifty-seven of the  laws  of  nineteen  hundred  ninety-eight,  of  this
  chapter,  sanitation  man, a special officer (including persons employed
  by the city of New York in the title  urban  park  ranger  or  associate
  urban  park ranger), school safety agent, campus peace officer or a taxi
  and  limousine  commission  inspector  member  of  the  New  York   city
  employees'  retirement  system  or  the New York city board of education
  retirement system, a dispatcher member of the New York  city  employees'
  retirement  system,  a police communications member of the New York city
  employees' retirement system,  an  EMT  member  of  the  New  York  city
  employees'  retirement  system,  a deputy sheriff member of the New York
  city  employees'  retirement  system,  a  correction  officer   of   the
  Westchester   county   correction   department  as  defined  in  section
  eighty-nine-e of this chapter or employed in Suffolk county as  a  peace
  officer,  as  defined in section eighty-nine-s, as added by chapter five
  hundred eighty-eight of the laws of nineteen  hundred  ninety-seven,  of
  this  chapter,  employed  in  Suffolk county as a correction officer, as
  defined in section eighty-nine-f of this chapter, or employed in  Nassau
  county as a correction officer, uniformed correction division personnel,
  sheriff,   undersheriff   or  deputy  sheriff,  as  defined  in  section
  eighty-nine-g of this chapter,  or  employed  in  Nassau  county  as  an
  ambulance medical technician, an ambulance medical technician/supervisor
  or  a member who performs ambulance medical technician related services,
  as defined in section eighty-nine-s, as amended by chapter five  hundred
  seventy-eight  of  the  laws  of  nineteen hundred ninety-eight, of this
  chapter, or employed in Nassau county as a peace officer, as defined  in
  section  eighty-nine-s,  as added by chapter five hundred ninety-five of
  the laws of nineteen hundred ninety-seven, of this chapter, or  employed
  in  Albany county as a sheriff, undersheriff, deputy sheriff, correction
  officer or identification officer, as defined in  section  eighty-nine-h
  of  this  chapter  or  is  employed in St. Lawrence county as a sheriff,
  undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
  section  eighty-nine-i  of this chapter or is employed in Orleans county
  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
  defined  in  section  eighty-nine-l  of  this  chapter or is employed in
  Jefferson  county  as  a  sheriff,  undersheriff,  deputy   sheriff   or
  correction  officer, as defined in section eighty-nine-j of this chapter
  or is employed in Onondaga county  as  a  deputy  sheriff-jail  division
  competitively  appointed  or  as  a  correction  officer,  as defined in
  section eighty-nine-k of this chapter or is employed in a  county  which
  makes  an  election under subdivision j of section eighty-nine-p of this
  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
  as defined in such section eighty-nine-p or is employed in Broome County
  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
  defined  in  section eighty-nine-m of this chapter or is a Monroe county
  deputy sheriff-court security, or deputy sheriff-jailor  as  defined  in
  section  eighty-nine-n, as added by chapter five hundred ninety-seven of
  the laws of nineteen hundred ninety-one, of this chapter or is  employed
  in   Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff  or
  correction officer, as defined in section eighty-nine-o of this  chapter
  or  is  a  traffic officer with the town of Elmira as defined in section
  eighty-nine-q of this chapter or is employed by Suffolk county as a park
  police officer, as defined in section eighty-nine-r of this  chapter  or
  is  a peace officer employed by a county probation department as defined
  in section eighty-nine-t, as added by chapter six hundred three  of  the
  laws of nineteen hundred ninety-eight, of this chapter or is employed in
  Rockland  county  as  a  deputy  sheriff-civil  as  defined  in  section
  eighty-nine-v of this chapter, or is employed in Rockland  county  as  a
  superior  correction officer as defined in section eighty-nine-v of this
  chapter or is a paramedic employed by the police department in the  town
  of  Tonawanda  and retires under the provisions of section eighty-nine-v
  of this chapter and is in a plan which permits immediate retirement upon
  completion of a specified period  of  service  without  regard  to  age.
  Except as provided in subdivision c of section four hundred forty-five-a
  of  this  article, subdivision c of section four hundred forty-five-b of
  this article, subdivision c of section four hundred forty-five-c of this
  article, subdivision c of section  four  hundred  forty-five-d  of  this
  article,  subdivision  c  of  section  four hundred forty-five-e of this
  article, subdivision c of section  four  hundred  forty-five-f  of  this
  article  and  subdivision c of section four hundred forty-five-h of this
  article, a member in such a plan and such an occupation,  other  than  a
  policeman  or  investigator  member  of  the  New  York  city employees'
  retirement system or a fireman, shall not be permitted to  retire  prior
  to  the  completion  of twenty-five years of credited service; provided,
  however, if such a member in such an  occupation  is  in  a  plan  which
  permits retirement upon completion of twenty years of service regardless
  of  age,  he  may  retire  upon  completion  of twenty years of credited
  service and prior to the completion of twenty-five years of service, but
  in such event the benefit provided from funds other than those based  on
  such  a  member's  own  contributions shall not exceed two per centum of
  final average salary per each year of credited service.
    b. No member in a retirement plan which, prior to the  effective  date
  of  this article, permitted all members to retire upon the attainment of
  age fifty and completion of twenty years of service shall  be  permitted
  to  retire  without  benefit  reduction  prior  to the attainment of age
  fifty-five and completion of twenty-five years of service. In the  event
  that  such a member retires prior to the attainment of age fifty-five or
  completion of twenty-five years of service, the  benefit  provided  from
  funds  other than those based on such a member's own contributions shall
  not exceed two percentum of  final  average  salary  per  each  year  of
  credited service.
    c. A person who is a member of an optional twenty year retirement plan
  for police officers and firefighters in jurisdictions which have elected
  to  provide  such  plan  and  such jurisdiction further elects to permit
  retirement at age fifty-five without reduction may then  elect  to  join
  under   section   three   hundred   seventy-five-i   or   three  hundred
  seventy-five-j of this chapter,  if  either  plan  is  provided  by  the
  employer,  and  may  retire  without  reduction of his or her retirement
  benefit upon attaining the age of fifty-five.

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