603 - Eligibility for Service Retirement Benefits; Age and Service Requirements.

NY Ret & SS L § 603 (2019) (N/A)
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(i) for each of the first twenty-four full months that retirement predates age sixty-two, one-half of one per centum per month; provided, however, that for members who first join 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, such amounts shall be equal to one-fifteenth per year; and

(ii) for each full month that retirement predates age sixty, one-quarter of one per centum per month; provided, however, that for members who first join 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, such amounts shall be equal to one-twentieth per year, but in no event shall retirement be permitted prior to attainment of age fifty-five. 2. A member of the New York city employees' retirement system or the board of education retirement system of the city of New York who has met the minimum service requirement, but who is not (a) a participant in the twenty-five-year early retirement program, as defined in paragraph ten of subdivision a of section six hundred four-c of this article (as added by chapter ninety-six of the laws of nineteen hundred ninety-five), or (b) a participant in the age fifty-seven retirement program, as defined in paragraph three of subdivision b of section six hundred four-d of this article, or (c) a New York city transit authority member, as defined in paragraph one of subdivision a of section six hundred four-b of this article, may retire prior to normal retirement age, but no earlier than attainment of age fifty-five, in which event, unless such person is a member of the board of education retirement system of such city who is otherwise eligible for early service retirement pursuant to subdivision c of section six hundred four-i of this article, the amount of his or her retirement benefit computed without optional modification shall be reduced in accordance with the following schedule:

(i) for each of the first twenty-four full months that retirement predates age sixty-two, one-half of one per centum per month; and

(ii) for each full month that retirement predates age sixty, one-quarter of one per centum per month, but in no event shall retirement be permitted prior to attainment of age fifty-five. 3. A member of a public retirement system of the state who has met the minimum service requirement, but who is not a New York city transit authority member, as defined in paragraph one of subdivision a of section six hundred four-b of this article, may retire prior to normal retirement age, but no earlier than attainment of age fifty-five, in which event, the amount of his or her retirement benefit computed without optional modification shall be reduced by six and one-half per centum for each year by which early retirement precedes age sixty-three. * NB There are 2 sb i's * j. Notwithstanding the other subdivisions of this section, any individual who is subject to the provisions of article fourteen of this chapter who is entitled to receive benefits pursuant to section six hundred four of this article upon attaining the minimum service requirements upon retirement and upon filing an irrevocable election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen, may file such an election with the comptroller on or before the applicable date provided in this section or within one year after entering the employment upon which eligibility is based, whichever occurs later. * NB There are 2 sb j's * j. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are Monroe county deputy sheriff-court security, or deputy sheriffs-jailors as defined in section eighty-nine-n of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before September first, two thousand three or within one year after entering into employment with Monroe county as a deputy sheriff-court security, or deputy sheriff-jailor. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-n and six hundred one of this chapter. * NB There are 2 sb j's k. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are employed in Greene county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in section eighty-nine-o of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before December thirty-first, nineteen hundred ninety-four. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-o and six hundred one of this chapter. l. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are 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 section eighty-nine-p of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller within one year of an election his or her employer makes or within one year after entering the employment with such county upon which eligibility is based, whichever comes later. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-p and six hundred one of this chapter. m. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are traffic officers with the town of Elmira as defined in section eighty-nine-q of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before September first, nineteen hundred ninety-six. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-q and six hundred one of this chapter. n. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five or more years of creditable service, without regard to age, who are employed by Suffolk county as a park police officer as defined in section eighty-nine-r of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before September first, nineteen hundred ninety-seven. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-r and six hundred one of this chapter. * o. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five or more years of creditable service, who are employed as peace officers within the Suffolk county probation department, as defined in section eighty-nine-s of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before December thirty-first, nineteen hundred ninety-eight or within one year of entering into service as a peace officer with the Suffolk county probation department. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-s and six hundred one of this chapter. * NB There are 4 sb o's * o. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five or more years of creditable service, without regard to age, who are employed as ambulance medical technicians, ambulance medical technician/supervisors or a member who performs ambulance medical technician related services within the Nassau county police department, as defined in section eighty-nine-s of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before January first, two thousand. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-s and six hundred one of this chapter. * NB There are 4 sb o's * o. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five or more years of creditable service, without regard to age, who are employed as peace officers within the Nassau county probation department, as defined in section eighty-nine-s of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before December thirty-first, nineteen hundred ninety-nine or within one year of entering into service as a peace officer with the Nassau county probation department. Peace officers within the Nassau county probation department must serve five years after the effective date of this subdivision before they are eligible to retire under the provisions of the twenty-five year retirement plan. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-s and six hundred one of this chapter. * NB There are 4 sb o's * o. The county of Rockland may elect to provide the service retirement benefit specified in section six hundred four of this article for members with twenty years of creditable service, without regard to age, who are engaged directly in criminal law enforcement activities and who are employed in the office of the district attorney of Rockland county as a chief investigator/detective, criminal investigator-electronics, criminal investigator-child abuse, senior criminal investigator or criminal investigator if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such members file an election thereof which provides that he or she will be subject to the provisions of this article and to none of the provisions of article fourteen of this chapter. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller within one year of the adoption of the resolution by the county of Rockland pursuant to this section or within one year after entering employment in the office of the district attorney of Rockland county in one of the titles aforementioned in this subdivision, whichever is later. If the county of Rockland elects to provide the retirement benefit pursuant to this subdivision, they shall adopt a resolution to such effect and file a certified copy thereof with the comptroller. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-d and six hundred one of this chapter and such term shall, subject to the conditions in such sections eighty-nine-d and six hundred one, also include service as a chief investigator/detective, criminal investigator-electronics or a criminal investigator-child abuse. * NB There are 4 sb o's * p. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are employed in a county which makes an election under subdivision j of section eighty-nine-t of this chapter as a peace officer as defined in section eighty-nine-t of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller within one year of an election his or her employer makes or within one year after entering the employment with such county upon which eligibility is based, whichever comes later. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-t and six hundred one of this chapter. * NB There are 2 sb p's * p. The service retirement benefit specified in section six hundred four of this article shall be payable without regard to age to qualifying members, as defined in subdivision a of section eighty-nine-t of this chapter, with twenty-five years of qualifying service as defined in such section, if such members have met the minimum service requirements upon retirement. Any such member shall be entitled to retire after the completion of twenty-five years of qualifying creditable service by filing an application therefor in a manner similar to that provided in section seventy of this chapter. * NB There are 2 sb p's q. The county of Suffolk may elect to provide the service retirement specified in section six hundred four of this article for members with twenty years of creditable service, without regard to age, who are engaged directly in criminal law enforcement activities and who are employed in the office of the district attorney of Suffolk county as a detective investigator, senior detective investigator, principal detective investigator, special investigator, or district attorney investigator if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such members file an election thereof which provides that he or she will be subject to the provisions of this article and to none of the provisions of article fourteen of this chapter. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller within one year of the adoption of the resolution by the county of Suffolk pursuant to this section or within one year after entering employment in the office of the district attorney of Suffolk county in one of the titles aforementioned in this subdivision, whichever is later. If the county of Suffolk elects to provide the retirement benefit pursuant to this subdivision, it shall adopt a resolution to such effect and file a certified copy thereof with the comptroller. For the purposes and effect of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-d and six hundred one of this chapter and such term shall, subject to the conditions in such sections eight-nine-d and six hundred one, also include service as a detective investigator, senior detective investigator, principal detective investigator, special investigator, or district attorney investigator. * r. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are with the town of Tonawanda as defined in section eighty-nine-v of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller within one year following the effective date of this subdivision or one year following commencement of employment as a paramedic employed by the police department in the town of Tonawanda, whichever is later. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-v and six hundred one of this chapter. * NB There are 3 sb r's * r. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five or more years of creditable service, without regard to age, who are employed as deputy sheriffs-civil in Rockland county, as defined in section eighty-nine-v of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before December thirty-first, two thousand one or within one year of entering into service as a deputy sheriff-civil in Rockland county. The term "creditable service" shall have the meaning as so defined in section eighty-nine-t, as added by chapter 603 of the laws of 1998 and section six hundred one of this chapter. * NB There are 3 sb r's * r. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are employed in Rockland county as a correction officer as defined in section eighty-nine-v of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller on or before December thirty-first, two thousand one. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-v and six hundred one of this chapter. * NB There are 3 sb r's s. The service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty-five years of creditable service, without regard to age, who are employed in the county of Nassau as a county fire marshal, supervising fire marshal, fire marshal, assistant fire marshal, assistant chief fire marshal or chief fire marshal as defined in section eighty-nine-w of this chapter if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefor which provides that he or she will be subject to the provisions of this article and to none of the provisions of such article fourteen. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the comptroller within one year of the effective date of this subdivision or within one year after entering the employment with such county upon which eligibility is based, whichever comes later. For the purposes of this subdivision, the term "creditable service" shall have the meaning as so defined in both sections eighty-nine-w and six hundred one of this chapter. t. Members who join the New York state teachers' retirement system on or after January first, two thousand ten, shall be eligible to retire without reduction of his or her retirement benefit upon attainment of at least fifty-seven years of age and completion of thirty or more years of service. Members who retire pursuant to the provisions of this subdivision shall be required to make the member contributions required by subdivision g of section six hundred thirteen of this article for all years of credited and creditable service. The provisions of this subdivision shall not apply to members who first become a member of the New York state teachers' retirement system on or after April first, two thousand twelve.