Section 370. Superannuation retirement  


Latest version.
  • a. Any member may retire if he shall
      have  attained at least the minimum retirement age while in service as a
      member, or while in federal service, or in the  service  of  the  United
      Nations  or other international organizations of which the United States
      is a member,  as  a  member  continued  pursuant  to  paragraph  one  of
      subdivision  f  of  section three hundred forty of this article or while
      entitled to make application for a vested retirement allowance  pursuant
      to  section  three  hundred seventy-six of this chapter. Any such member
      desiring to retire shall  execute  and  file  with  the  comptroller  an
      application  for  retirement,  which shall specify the effective date of
      his retirement, which shall be not less than thirty nor more than ninety
      days subsequent to such date  of  filing.  An  application  for  service
      retirement,  filed  hereunder  in  accordance  with  the  provisions  of
      subdivision  c  of  section  sixty-two  or  subdivision  f  of   section
      sixty-three  of  this chapter, shall be processed in the regular manner,
      provided that if the application filed  simultaneously  therewith  under
      either  of  such  subdivisions  is  granted,  then and in that event the
      retirement allowance granted in accordance with the provisions  of  this
      section  shall  be  appropriately  adjusted.  Notwithstanding  any other
      provision of law, any member who is eligible to retire and who has  died
      while  in  active  service, and who has filed an application for service
      retirement less than thirty days prior to death, shall be deemed to have
      retired and the member's designated beneficiary shall have the option to
      choose the benefit provided by service retirement rather than the  death
      benefit, provided, however that if the designated beneficiary elects the
      service  retirement  benefit  such person shall be required to choose an
      option under section three hundred ninety of this article.
        b. Any member who attains age seventy shall be retired  on  the  first
      day  of  the  calendar month next succeeding such event. Such retirement
      shall be on the basis of "Option One-half", unless the member  files  an
      effective  election  pursuant  to  section  three hundred ninety of this
      article to retire on a different basis. If he shall have filed  such  an
      election,  his retirement allowance shall be computed in accordance with
      the basis so selected by him. The provisions of  this  subdivision  with
      respect  to  mandatory  retirement  shall be inapplicable to a member of
      this system who is an employee of the port of New York authority who was
      a member of the state employees' retirement system prior to April first,
      nineteen hundred sixty-seven.
        c. Notwithstanding the provision of subdivision b of this section, the
      state civil service commission may approve the continuance in service of
      members who have attained age  seventy.  Such  approvals  shall  be  for
      periods  not  to  exceed two years each. No such approval shall be given
      unless:
        1. The head of the department in which the member  is  employed  shall
      file   a   written   statement   with  the  comptroller  approving  such
      continuance, and
        2. The medical board shall certify that such member is physically  fit
      to perform the duties of his position, and
        3. The state civil service commission shall find that:
        (a) Such member is less than seventy-eight years of age, and
        (b)  His  continuance  in service would be advantageous because of his
      expert knowledge and special qualifications.
      The service of any such member may, however, be terminated at  any  time
      by  the  head of the department in which he is employed, upon sixty days
      written notice of such member.