2010 New York Code
RSS - Retirement & Social Security
Article 14 - (500 - 520) COORDINATED-ESCALATOR RETIREMENT PLAN
502 - Eligibility for sevice retirement benefits; minimum service requirements.

§  502.  Eligibility  for service retirement benefits; minimum service
  requirements.
    a. A member who first joins a public retirement system of  this  state
  on  or  after  June thirtieth, nineteen hundred seventy-six shall not be
  eligible for service retirement benefits hereunder until such member has
  rendered a minimum of five years of creditable service after July first,
  nineteen hundred seventy-three, except that a member who first joins the
  New York state and  local  employees'  retirement  system  on  or  after
  January  first,  two  thousand  ten  shall  not  be eligible for service
  retirement benefits pursuant to  this  article  until  such  member  has
  rendered a minimum of ten years of credited service.
    b.  A member who previously was a member of a public retirement system
  of this state shall not be  eligible  for  service  retirement  benefits
  hereunder  until  such  member  has  rendered a minimum of five years of
  service which is creditable pursuant to section five hundred thirteen of
  this article. A member who first joins the  New  York  state  and  local
  employees' retirement system on or after January first, two thousand ten
  shall  not  be eligible for service retirement benefits pursuant to this
  article until such member  has  rendered  a  minimum  of  ten  years  of
  credited service.
    c.  An  elective member who is not vested in the plan from which he or
  she transferred shall not be eligible for service retirement  or  vested
  benefits  hereunder  until  such member has rendered a minimum period of
  service equal to the additional service which  such  member  would  have
  been  required  to  accrue  under  such former plan in order to obtain a
  vested benefit.
    d. Notwithstanding any other provision of this  section,  a  pensioner
  receiving a service retirement benefit: (i) who returns to active public
  service and joins or rejoins a public retirement system on or after July
  first,  nineteen  hundred seventy-six, and (ii) who thereafter separates
  from  service  before  becoming  eligible  for  a   retirement   benefit
  hereunder,  shall,  upon  such  separation,  be  entitled to receive the
  service retirement benefit which he or she was receiving prior to his or
  her last restoration to membership. Provided, however, if such pensioner
  was not subject to this article at the time he or she last  retired,  he
  or  she  shall,  upon  separation,  be  entitled to receive a retirement
  allowance which shall consist of  an  annuity  which  is  the  actuarial
  equivalent  of  his  or  her  accumulated contributions, if any, and the
  pension, including pension-providing-for-increased-take-home-pay,  which
  he or she was receiving prior to his last restoration to membership.
    e.  Notwithstanding  any  other provision of this section, if a member
  attains mandatory  retirement  age,  the  minimum  service  requirements
  specified in this section shall be five years.
    f.  Upon  the first day of the month after the attainment of mandatory
  retirement age, a member shall be separated from service whether or  not
  eligible  for  service retirement hereunder; provided however, that this
  requirement shall not preclude a member from being continued in  service
  beyond  such  mandatory  retirement  age  pursuant  to  other applicable
  provisions of law.