Section 72. Optional retirement at age fifty-five; closed plan  


Latest version.
  • a. A member
      of  the  retirement  system  under age fifty-five who elected before May
      fifteenth, nineteen hundred  fifty,  to  contribute  to  the  retirement
      system  pursuant  to this section shall make additional contributions to
      the annuity savings fund over and above those required  to  be  made  by
      section  twenty-one  of  this  article.  The  rate  of  such  additional
      contributions shall be computed in a manner similar to that provided  by
      such section twenty-one. Such rate shall be computed to be sufficient to
      provide  an  annuity  at such age which, with the total pension provided
      for by subdivision b  of  section  seventy-five  of  this  article  will
      produce  a  retirement  allowance  of  one-sixtieth of his final average
      salary  for  each  year  of  his  total  service.  A  member's  rate  of
      contribution pursuant to this section shall be appropriately reduced for
      such    period    of   time   as   his   employer   contributes   toward
      pensions-providing-for-increased-take-home-pay   pursuant   to   section
      seventy-a  of this article. A retirement allowance, computed as provided
      in subdivision b of such section seventy-five, shall be payable upon the
      retirement of such member after he has attained age fifty-five.
        b. If any such member elected to contribute on the basis of retirement
      at age fifty-five after he had been credited with twenty or  more  years
      of  allowable  service, he may pay the additional contributions provided
      for by subdivision a of this section at any time within one  year  after
      he makes such election and prior to his retirement.
        c.  One  year  or more after the filing thereof, a member may withdraw
      his election to contribute on the basis of retirement at age  fifty-five
      pursuant  to  this  section.  Such withdrawal shall be by written notice
      duly  acknowledged  and  filed  with  the  comptroller.    Such   member
      thereafter  shall  contribute  on  the basis of retirement at age sixty.
      Such member, upon application before retirement and with the approval of
      the comptroller, shall be entitled to a refund  of  the  amount  of  his
      contributions  and  interest thereon which is in excess of the amount of
      the accumulated contributions which he would then have to his credit had
      he been contributing on the basis of retirement at age sixty.
        d. On or after May fifteenth, nineteen hundred fifty, no election  may
      be made to contribute pursuant to this section.
        e. The provisions of this section shall be controlling notwithstanding
      any provision in this article to the contrary.