2010 New York Code
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
602 - Eligibility for service retirement benefits; minimum service requirements.

§  602.  Eligibility  for service retirement benefits; minimum service
  requirements. a. Except as provided in subdivision b-1 of this  section,
  a  member who first joins a public retirement system of this state on or
  after July first, nineteen hundred seventy-six shall not be eligible for
  service retirement benefits hereunder until such member has  rendered  a
  minimum  of  five  years  of  credited service, except that a member who
  first joins the New York state and local employees' retirement system or
  the New York state teachers'  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. Except as provided in subdivision b-1 of this section, 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
  credited pursuant to section six hundred nine of this article. A  member
  who  first  joins  the  New  York  state and local employees' retirement
  system or the New York state teachers' 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-1.  Notwithstanding  the  provisions  of  subdivision a or b of this
  section or any other provision of law to the contrary, (i) a  member  of
  the  New  York  city  teachers'  retirement  system who holds a position
  represented  by  the  recognized  teacher  organization  for  collective
  bargaining  purposes,  and  who became subject to the provisions of this
  article after the effective date of this subdivision, or (ii)  a  member
  of  the  New  York city board of education retirement system who holds a
  position  represented  by  the  recognized  teacher   organization   for
  collective bargaining purposes, and who became subject to the provisions
  of  this article after the effective date of this subdivision, shall not
  be eligible for service retirement benefits hereunder until such  member
  has rendered a minimum of ten years of credited service.
    c.  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.
    d.  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 and provided further, however, that  this  requirement
  shall  not  preclude  a  school  district  from  permitting a teacher to
  continue in service to the end of  the  school  year  should  a  teacher
  attain  age  seventy  within  the  period  September  first through June
  thirtieth of such school year.