Section 13-166. Retirement; for superannuation

Retirement of a member for
  service shall be made by the board as follows:
    1. Each member in city-service who has attained the age of seventy and
  each member in city-service who attains the  age  of  seventy  shall  be
  retired  forthwith  or  on  the  first  day  of  the calendar month next
  succeeding that in which such member shall  have  attained  the  age  of
  seventy  years. A member in city-service, however, who has or shall have
  attained the age of seventy years, upon the approval of the  appropriate
  head  of  an agency, may request the board to be continued in the public
  service for a period of two years and such board, where advantageous  to
  the  public  service,  may  grant  such  request  for  such  period, not
  exceeding two years, as such board may determine. At the termination  of
  such  additional period of service, such board in like manner may permit
  such employee to continue in the public service for successive two  year
  periods  or  any  portion  thereof.  In  no case shall public service be
  continued after a member shall have attained the age  of  eighty  years.
  The  provisions  of  this  subdivision one shall not apply to any member
  whose status with respect to retirement for superannuation  is  governed
  by subdivisions two and three of this section.
    2.  Not  later than July first, nineteen hundred sixty-eight, the city
  civil service commission shall promulgate and file in its office, a list
  of titles of positions with respect to which, in  the  judgment  of  the
  commission,  it  will  be  advantageous  to the public service to permit
  incumbents to remain in city-service until age seventy.  The  commission
  shall  amend or revise such list from time to time, as may be necessary,
  so that such list shall continuously reflect  the  titles  of  positions
  which,  in  the  judgment  of the commission, are of the nature above in
  this subdivision two described. Such list shall be known as the "list of
  positions  with  deferred  mandatory  retirement  age".  Promptly  after
  promulgation of such list, and promptly after adoption of any amendments
  or revisions thereof, the commission shall transmit a copy of such list,
  amendments  or  revisions  to  the  executive director of the retirement
  system and shall cause same to be published in the  City  Record  for  a
  period of five days.
    3.  (a) Except as otherwise provided in paragraphs (d) and (e) of this
  subdivision three:
    (1) each career pension plan member in city-service  who  (i)  becomes
  such  a  member  pursuant  to  subdivision  a  of section 13-162 of this
  chapter, relating to the career pension  plan,  and  (ii)  on  or  after
  January   first,   nineteen  hundred  sixty-nine,  attains  the  age  of
  sixty-five years, and (iii) is a career pension plan member at the  time
  of attaining such age; and
    (2)    each   fifty-five-year-increased-service-fraction   member   in
  city-service who (i) becomes such a member pursuant to subdivision a  or
  subdivision  b  of  section  13-165 of this chapter and (ii) on or after
  January  first,  nineteen  hundred  sixty-nine,  attains  the   age   of
  sixty-five          years         and         (iii)         is         a
  fifty-five-year-increased-service-fraction  member  at   the   time   of
  attaining such age; and
    (3)  each  member  in  city-service  (i)  whose last membership in the
  retirement system begins  on  or  after  July  first,  nineteen  hundred
  sixty-eight  and  (ii) who attains the age of sixty-five years and (iii)
  who at the time of attaining such  age,  holds  a  career  pension  plan
  position;  shall  be retired on the first day of the calendar month next
  succeeding that in which such member shall  have  attained  the  age  of
  sixty-five years.
    (b)  Except  as  otherwise  provided in paragraphs (d) and (e) of this
  subdivision three, each career pension plan member in  city-service  who

  (i)  becomes  such  a  member  pursuant to subdivision a of such section
  13-162 of this chapter and (ii) attains  the  age  of  sixty-five  years
  prior  to  January first, nineteen hundred sixty-nine, and (iii) holds a
  career pension plan position on the date next preceding the later of the
  following dates:
    (1) January first, nineteen hundred sixty-nine;
    (2) the first day of the month next succeeding that in which he or she
  elects  to become a career pension plan member pursuant to subdivision a
  of section 13-162 of this chapter; shall be retired as of the  later  of
  such dates.
    (c)  Except  as  otherwise  provided in paragraphs (d) and (e) of this
  subdivision   three,   each   fifty-five-year-increased-service-fraction
  member  in  city-service  who  (i)  becomes  such  a  member pursuant to
  subdivision a or b of section 13-165 of this chapter  and  (ii)  attains
  the  age  of  sixty-five  years prior to January first, nineteen hundred
  sixty-nine, and (iii) holds a career pension plan position on  the  date
  next preceding the later of the following dates:
    (1) January first, nineteen hundred sixty-nine;
    (2) the first day of the month next succeeding that in which he or she
  elects  to  become  a  fifty-five-year-increased-service-fraction member
  pursuant to such subdivision a or b;
    shall be retired as of the later of such dates.
    (d) (1) Subject to the provisions of paragraph (e) of this subdivision
  three:
    (a) any member mentioned in paragraph (a) of  this  subdivision  three
  who,  at  the  time  of  reaching  the  age  of  sixty-five years, is in
  city-service in a position on the list  of  positions  with  a  deferred
  mandatory retirement age promulgated pursuant to subdivision two of this
  section; and
    (b)  any  member mentioned in paragraph (b) or (c) of this subdivision
  three, who on the date next preceding the applicable date on which he or
  she would otherwise be required to be retired under  the  provisions  of
  such  paragraph (b) or (c), is in city-service in a position on the list
  of positions with a deferred mandatory retirement age;
    shall not, so long as he  or  she  continues  to  serve  in  any  such
  position  on  such  list,  be retired for superannuation until he or she
  attains the age of seventy years.
    (2) If any such member mentioned in subparagraph one of this paragraph
  (d), shall, before attaining the age of seventy years, cease to hold any
  such position on such  list,  he  or  she  shall,  except  as  otherwise
  provided  in  paragraph (e) of this subdivision three, be retired on the
  first day of the calendar month next succeeding that in which he or  she
  shall  have  ceased to hold any such position. Subject to the provisions
  of paragraph (e) of this subdivision three,  if  such  member  shall  be
  continuously  in  city-service  in  any  such  position  until he or she
  attains the age of seventy years, he or she shall,  upon  attaining  the
  age  of seventy years, be retired on the first day of the calendar month
  next succeeding that in which he or she shall have attained the  age  of
  seventy years.
    (e)  Any  member  whose  retirement  has  become  mandatory  under the
  provisions of paragraph (a), (b) or (c) of this  subdivision  three,  or
  whose  retirement  has  become  mandatory  by  reason  of  cessation  of
  city-service in a position on the list  of  positions  with  a  deferred
  mandatory   retirement  age,  as  provided  in  paragraph  (d)  of  this
  subdivision, may, upon approval of the appropriate head  of  an  agency,
  request  of  the board that he or she be continued in city-service for a
  period not exceeding one year. The  board,  where  advantageous  to  the
  public  service,  may  grant such request for a period not exceeding one

  year. At the termination of such  additional  period  of  service,  such
  board  may  in  like manner permit such member to continue in the public
  service for successive periods each not  exceeding  one  year,  provided
  that  extensions  granted  under  this  paragraph  (e) shall in no event
  aggregate more than five years.
    (f) Nothing contained in this  subdivision  three  shall  apply  to  a
  justice  or  judge of any court or a surrogate or an official referee or
  any elected public officer.
    4. Notwithstanding the foregoing provisions of this section, any  such
  member  whose total service credit does not exceed ten years, in lieu of
  other benefits provided by this chapter, shall receive upon his  or  her
  own   application  therefor,  the  refund  of  his  or  her  accumulated
  deductions.
    5. Notwithstanding any provisions of this section to the contrary, any
  person who was employed by the city, an authority or  a  public  benefit
  corporation  and  who  was  previously denied membership in the New York
  city  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 code
  shall  be  entitled  to  file  for   a   service   retirement   benefit,
  notwithstanding   the  mandatory  provisions  in  effect  prior  to  the
  effective date of this subdivision, and shall  be  entitled  to  receive
  such  retirement  benefit  commencing  the  day  after his or her public
  employment ceased.