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This entry was published on 2014-09-22
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SECTION 113-A
Suspension of state and local provisions requiring termination of service or retirement on account of age
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 12
§ 113-a. Suspension of state and local provisions requiring
termination of service or retirement on account of age. 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.