2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 14-A - (530) ELIMINATION OF MANDATORY RETIREMENT
530 - Elimination of mandatory retirement.

 
    §  530.  Elimination  of mandatory retirement.  a. Notwithstanding any
  provision of law, code, rule or regulation to the contrary and except as
  provided in  subdivisions  b  and  c  hereof,  no  member  of  a  public
  retirement  system  or  pension  fund  maintained  by  the  state  or  a
  municipality thereof, nor any employee who was eligible to join  such  a
  public  retirement  system  but  in  lieu  thereof  elected  an optional
  retirement program to which his or her employer is thereby obligated  to
  contribute,  shall be required to retire or separate from service on the
  basis of age.
    b. This article shall not apply to any member  of  a  retirement  plan
  which permits immediate retirement upon a specified period of service of
  twenty-five  years or less without regard to age, nor shall this article
  apply to any employee serving an employer in a position that, if offered
  to any individual not having been previously employed  by  any  employer
  (as  "employer"  is defined in this chapter) or by an employer in any of
  the public retirement systems funded and maintained  by  a  city,  would
  qualify  any  such  individual  to  become a member of a retirement plan
  which permits immediate retirement upon a specified period of service of
  twenty-five years or less without regard to age.
    c. Nothing contained in this article shall be  construed  to  prohibit
  mandatory  retirement  or  separation  from  service on the basis of age
  where age is a bona fide occupational qualification reasonably necessary
  to the performance of the employee's public duties.
    d. Nothing contained in this article shall be construed to extend  the
  time  limitations  on payments authorized by section two hundred seven-a
  of the general municipal law, as  such  limitations  are  set  forth  in
  subdivisions  two  and  four of such section; nor shall anything in this
  article be deemed to extend the time limitations on payments  authorized
  by  section  two  hundred  seven-c of the general municipal law, as such
  limitations are set forth in subdivision five of such section.
    e. Notwithstanding any other provisions of law to  the  contrary,  any
  person  who  was  employed  by  the state of New York or a participating
  employer and who was previously denied membership in the New York  state
  and  local  employees'  retirement  system based solely on the mandatory
  retirement provisions in effect at the time of commencing employment and
  who has met all the salary and service credit requirements for a service
  retirement benefit provided by the applicable provisions of this chapter
  shall  be  entitled  to  file  for   a   service   retirement   benefit,
  notwithstanding  the  mandatory retirement provisions in effect prior to
  the effective date of this section, and shall  be  entitled  to  receive
  such  retirement  benefit  commencing  the  day  after his or her public
  employment ceased.