Section 113-A. Suspension of state and local provisions requiring termination of service or retirement on account of age  


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  • In the case  of
      persons  who  have  not attained eligibility for the payment of benefits
      under the federal old-age and survivors insurance law, the provisions of
      any general, special or local law, city or village  charter,  ordinance,
      resolution,  rule or regulation relating to employment by the state or a
      municipality or to membership in any public pension or retirement system
      maintained by any of them which require or authorize the termination  of
      service  or  retirement  of  any  public  employee or member of any such
      system, without his application or consent, on account of his  attaining
      age  of compulsory retirement, are hereby suspended so that terminations
      of service or retirements thereunder  may  not  be  required  to  become
      effective  until  such eligibility for the payment of benefits under the
      federal old-age and survivors insurance law has been attained or  before
      June  thirtieth,  nineteen hundred fifty-nine or, in the case of members
      of  the  New  York  city  teachers'  retirement  system,  before  August
      thirty-first, nineteen hundred fifty-nine, whichever shall first occur.
        This section shall not apply to any officer appointed for a fixed term
      or  serving  at  the  pleasure of an appointing officer or body provided
      however, that the appointing officer or body, for the  purposes  of  and
      within  the  limitations of this section, shall have power to extend the
      service of any such officer for any period ending not  later  than  June
      thirtieth,  nineteen hundred fifty-nine, which extension shall be at the
      pleasure of the officer or body having the power  of  appointment.  This
      section  shall not apply to any person serving in an elective office nor
      to officers or employees of instrumentalities jointly  created  by  this
      state and any other state or states.