Section 442. Minimum age for retirement  


Latest version.
  • a. The minimum retirement age for
      any member of a retirement system who is subject to  the  provisions  of
      this article, other than a member permitted to retire upon completion of
      twenty  or twenty-five years of service pursuant to section four hundred
      forty-five of this article, or  a  member  who  is  eligible  to  retire
      pursuant  to  subdivision c of section four hundred forty-five-d of this
      article or subdivision c of section four hundred  forty-five-i  of  this
      article, and exclusive of retirement for disability, shall be sixty-two;
      however,  such  a member may retire prior to attainment of age sixty-two
      in which event the amount of his retirement benefit  otherwise  computed
      without  optional  modification  from  funds based on other than his own
      contributions and exclusive of his  pension-for-increased-take-home-pay,
      shall be reduced in accordance with the following schedule:
        1.  For  each  of  the  first  twenty-four full months that retirement
      predates age sixty-two, one-half of one percentum per month; and
        2. For each full month that retirement predates age sixty, one-quarter
      of one percentum  per  month,  but  in  no  event  shall  retirement  be
      permitted prior to attainment of age fifty-five.
        b. Notwithstanding the provisions of subdivision a of this section:
        1.  A  member  who  is  a  peace officer employed by the unified court
      system or a member of a teacher's retirement system or a member  of  the
      New York state and local employees' retirement system may retire without
      reduction  of  his  retirement  benefit  upon his attainment of at least
      fifty-five years of age and  completion  of  thirty  or  more  years  of
      service; and
        2.  A member of the optional twenty year retirement plan for sheriffs,
      undersheriffs, and  regular  deputy  sheriffs  in  counties  which  have
      elected to provide same having a mandatory retirement age on July first,
      nineteen  hundred  seventy-three,  earlier than age sixty-two may retire
      without reduction of his  retirement  benefit  upon  attainment  of  the
      mandatory  retirement  age;  however,  if such a member retires prior to
      attainment of the mandatory retirement age, the amount of his retirement
      benefit otherwise computed  without  optional  modification  from  funds
      based  on  other  than  his  own  contributions  and  exclusive  of  his
      pension-for-increased-take-home-pay, shall be reduced by one-half of one
      percentum per month for each full month by which his retirement predates
      such mandatory retirement age.
        3. Notwithstanding paragraph a of this subdivision or any other law to
      the contrary a participating employer may elect to provide its employees
      who are members of the optional twenty year retirement plan  for  police
      and  firefighters  eligibility  to  retire  at  age  fifty-five  without
      reduction and then such employees may 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 retire without reduction
      of their retirement benefits upon attaining the age of fifty-five.
        4. A demand in collective bargaining negotiations for  the  additional
      benefit  provided  by  paragraph  three of this subdivision shall not be
      subject to the provisions of paragraph (b) or (c) of subdivision four of
      section two hundred nine of the civil service law, nor shall such demand
      be subject to any provision for interest arbitration  contained  in  any
      local  law,  resolution  or ordinance adopted by any governmental entity
      pursuant to subdivision one of section two hundred twelve of  the  civil
      service law.