Section 445. Service retirement benefit  


Latest version.
  • 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.