2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 11 - (440 - 451) LIMITATIONS APPLICABLE TO NEW ENTRANTS
445 - 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 as added by chapter four hundred forty-one
  of the laws of two thousand one, or is employed in Rockland county as  a
  superior  correction officer as defined in section eighty-nine-v of this
  chapter as added by chapter five hundred fifty-six of the  laws  of  two
  thousand  one 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,  as  added  by  chapter  four  hundred
  seventy-two of the laws of  two  thousand  one,  or  is  a  county  fire
  marshal, supervising fire marshal, fire marshal, assistant fire marshal,
  assistant  chief  fire  marshal  or  chief  fire marshal employed by the
  county of Nassau as defined in section eighty-nine-w 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.