Legislation
SECTION 603
Eligibility for service retirement benefits; age and service requirements
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 15
§ 603. Eligibility for service retirement benefits; age and service
requirements. * a. The service retirement benefit specified in section
six hundred four of this article shall be payable to members who have
met the minimum service requirements upon retirement and attainment of
age sixty-two, other than members who are eligible for early service
retirement pursuant to subdivision c of section six hundred four-b of
this article, subdivision c of section six hundred four-c of this
article, subdivision d of section six hundred four-d of this article,
subdivision c of section six hundred four-e of this article, subdivision
c of section six hundred four-f of this article, subdivision c of
section six hundred four-g of this article, subdivision c of section six
hundred four-h of this article subdivision c of section six hundred
four-i of this article, or subdivision c of section six hundred four-j
of this article, provided, however, a member of a teachers' retirement
system or the New York state and local employees' retirement system who
first joins such system before January first, two thousand ten or a
member who is a uniformed court officer or peace officer employed by the
unified court system who first becomes a member of the New York state
and local employees' retirement system before April first, two thousand
twelve may retire without reduction of their retirement benefit upon
attainment of at least fifty-five years of age and completion of thirty
or more years of service, provided, however, that a uniformed court
officer or peace officer employed by the unified court system who first
becomes a member of the New York state and local employees' retirement
system on or after January first, two thousand ten and retires without
reduction of their retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service pursuant to this section shall be required to make the member
contributions required by subdivision f of section six hundred thirteen
of this article for all years of credited and creditable service,
provided further that the preceding provisions of this subdivision shall
not apply to a New York city revised plan member.
* NB Effective until ch. 682/2003 expires and only so long as certain
conditions are met (see chapter 55 of 2024 Part EE, § 5 (a))
* a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the
minimum service requirements upon retirement and attainment of age
sixty-two, other than members who are eligible for early service
retirement pursuant to subdivision c of section six hundred four-b of
this article, subdivision c of section six hundred four-c of this
article, subdivision d of section six hundred four-d of this article,
subdivision c of section six hundred four-e of this article, subdivision
c of section six hundred four-f of this article, subdivision c of
section six hundred four-g of this article, subdivision c of section six
hundred four-h of this article or subdivision c of section six hundred
four-i of this article provided, however, a member who is a peace
officer employed by the unified court system or a member of a teachers'
retirement system or the New York state and local employees' retirement
system may retire without reduction of his or her retirement benefit
upon attainment of at least fifty-five years of age and completion of
thirty or more years of service.
* NB Effective when ch. 682/2003 expires
a-1. For members who first become a member of a public retirement
system of the state on or after April first, two thousand twelve, the
service retirement benefit specified in section six hundred four of this
article shall be payable to members who have met the minimum service
requirements upon retirement and have attained age sixty-three.
* b. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are correction
officers of the Westchester county correction department as defined in
section eighty-nine-e of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, nineteen hundred
ninety. For the purposes of this subdivision, the term "creditable
service" shall have the meaning as so defined in both sections
eighty-nine-e and six hundred one of this chapter.
* NB There are 2 sb b's
* b. Notwithstanding the provisions of subdivision a of this section,
a member of the New York city employees' retirement system, who is
employed in the uniformed force of the New York city department of
sanitation, and who is not eligible for early service retirement
pursuant to subdivision c of section six hundred four-a of this article,
shall be eligible to receive the service retirement benefit specified in
section six hundred four of this article upon attainment of at least
fifty-five years of age and the completion of thirty or more years of
service.
* NB There are 2 sb b's
c. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed in Suffolk county as a correction officer as defined in section
eighty-nine-f of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before September first, nineteen hundred eighty-nine
or within one year after entering into employment with Suffolk county as
a corrections officer, as defined in section eighty-nine-f of this
chapter, whichever is later. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-f and six hundred one of this chapter.
d. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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, if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before January first, nineteen hundred ninety-two. For
the purposes of this subdivision, the term "creditable service" shall
have the meaning as so defined in both sections eighty-nine-g and six
hundred one of this chapter.
e. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before December thirty-first, two thousand four. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-h and six hundred one of this
chapter.
f. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in St.
Lawrence county as a sheriff, undersheriff, deputy sheriff or correction
officer as defined in section eighty-nine-i of this chapter if: (i) such
members have met the minimum service requirements upon retirement, and
(ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-i and six hundred one of this
chapter.
* g. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Orleans county as a sheriff, undersheriff, deputy sheriff or correction
officer as defined in section eighty-nine-l of this chapter if: (i) such
members have met the minimum service requirements upon retirement, and
(ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-one, or within one year after
entering into employment with Orleans county as a sheriff, undersheriff,
deputy sheriff or correction officer as defined in section eighty-nine-l
of this chapter. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-l and six hundred one of this chapter.
* NB There are 2 sb g's
* g. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such member files
an election therefor which provides that he or she will be subject to
the provisions of this article and to none of the provisions of such
article fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before December thirty-first, nineteen hundred ninety-one, or within one
year after entering into employment with 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. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-k and six hundred one of this
chapter.
* NB There are 2 sb g's
* h. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Jefferson county as a sheriff, undersheriff, deputy sheriff or
correction officer as defined in section eighty-nine-j of this chapter
if: (i) such members have met the minimum service requirements upon
retirement, and (ii) in the case of a member subject to the provisions
of article fourteen of this chapter, such member files an election
therefor which provides that he or she will be subject to the provisions
of this article and to none of the provisions of such article fourteen.
Such election, which shall be irrevocable, shall be in writing, duly
executed and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-two, or within one year after
entering into employment with Jefferson county as a sheriff,
undersheriff, deputy sheriff or correction officer as defined in section
eighty-nine of this chapter. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-j and six hundred one of this chapter.
* NB There are 2 sb h's
* h. 1. The service retirement benefit specified in section six
hundred four of this article shall be payable to members with
twenty-five years of creditable service, without regard to age, who are
engaged directly in criminal law enforcement activities and who are
employed in the office of the district attorney of Westchester county as
a chief criminal investigator, deputy chief criminal investigator,
criminal investigator, senior criminal investigator, confidential
criminal investigator, assistant criminal investigator or criminal
investigator/arson if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such member files
an election therefor which provides that he or she will be subject to
the provisions of this article and to none of the provisions of article
fourteen of this chapter. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, nineteen hundred
ninety-one, or within one year after entering employment in the office
of the district attorney of Westchester county in one of the titles
aforementioned in this subdivision. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections six hundred one and eighty-nine-d of this
chapter and such term shall, subject to the conditions in such sections
six hundred one and eighty-nine-d, also include service as a chief
criminal investigator or a deputy chief criminal investigator.
2. Notwithstanding the provisions of paragraph one of this
subdivision, if the county of Westchester elects to provide the
retirement benefit pursuant to this paragraph by adopting a resolution
to such effect and filing a certified copy thereof with the comptroller,
the service retirement benefit specified in section six hundred four of
this article shall be payable to members with twenty years of creditable
service, without regard to age, who are engaged directly in criminal law
enforcement activities and who are employed in the office of the
district attorney of Westchester county as a chief criminal
investigator, deputy chief criminal investigator, criminal investigator,
senior criminal investigator, confidential criminal investigator,
assistant criminal investigator or criminal investigator/arson if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of article fourteen of this
chapter. Such election, which shall be irrevocable, shall be in writing,
duly executed and shall be filed with the comptroller on or before
December thirty-first, two thousand two, or within three years after
entering employment in the office of the district attorney of
Westchester county in one of the titles aforementioned in this
paragraph.
* NB There are 2 sb h's
* i. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in Broome
county as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in section eighty-nine-m of this chapter if: (i) such members
have met the minimum service requirements upon retirement, and (ii) in
the case of a member subject to the provisions of article fourteen of
this chapter, such member files an election therefor which provides that
he or she will be subject to the provisions of this article and to none
of the provisions of such article fourteen. Such election, which shall
be irrevocable, shall be in writing, duly executed and shall be filed
with the comptroller on or before December thirty-first, nineteen
hundred ninety-one or within one year after entering into employment
with Broome county as a sheriff, undersheriff, deputy sheriff or
correction officer. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-m and six hundred one of this chapter.
* NB There are 2 sb i's
* i. 1. A member of a teachers' retirement system or the New York
state and local employees' retirement system who has met the minimum
service requirements but who has less than thirty years of credited
service or a member who first joins the New York state and local
employees' retirement system or the New York state teachers' retirement
system on or after January first, two thousand ten may retire prior to
normal retirement age, but no earlier than attainment of age fifty-five,
in which event, unless such person is a member of the New York city
teachers' retirement system who is otherwise eligible for early service
retirement pursuant to subdivision c of section six hundred four-i of
this article, the amount of his or her retirement benefit otherwise
computed without optional modification shall be reduced in accordance
with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; provided,
however, that for members who first join the New York state and local
employees' retirement system or the New York state teachers' retirement
system on or after January first, two thousand ten, such amounts shall
be equal to one-fifteenth per year; and
(ii) for each full month that retirement predates age sixty,
one-quarter of one per centum per month; provided, however, that for
members who first join the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, such amounts shall be equal to
one-twentieth per year, but in no event shall retirement be permitted
prior to attainment of age fifty-five.
2. A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty,
one-quarter of one per centum per month, but in no event shall
retirement be permitted prior to attainment of age fifty-five.
3. A member of a public retirement system of the state who has met the
minimum service requirement, but who is not a New York city transit
authority member, as defined in paragraph one of subdivision a of
section six hundred four-b of this article, may retire prior to normal
retirement age, but no earlier than attainment of age fifty-five, in
which event, the amount of his or her retirement benefit computed
without optional modification shall be reduced by six and one-half per
centum for each year by which early retirement precedes age sixty-three.
* NB There are 2 sb i's
* j. Notwithstanding the other subdivisions of this section, any
individual who is subject to the provisions of article fourteen of this
chapter who is entitled to receive benefits pursuant to section six
hundred four of this article upon attaining the minimum service
requirements upon retirement and upon filing an irrevocable election
therefor which provides that he or she will be subject to the provisions
of this article and to none of the provisions of such article fourteen,
may file such an election with the comptroller on or before the
applicable date provided in this section or within one year after
entering the employment upon which eligibility is based, whichever
occurs later.
* NB There are 2 sb j's
* j. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are Monroe county
deputy sheriff-court security, or deputy sheriffs-jailors as defined in
section eighty-nine-n of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before September first, two thousand three or
within one year after entering into employment with Monroe county as a
deputy sheriff-court security, or deputy sheriff-jailor. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-n and six hundred
one of this chapter.
* NB There are 2 sb j's
k. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in Greene
county as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in section eighty-nine-o of this chapter if: (i) such members
have met the minimum service requirements upon retirement, and (ii) in
the case of a member subject to the provisions of article fourteen of
this chapter, such member files an election therefor which provides that
he or she will be subject to the provisions of this article and to none
of the provisions of such article fourteen. Such election, which shall
be irrevocable, shall be in writing, duly executed and shall be filed
with the comptroller on or before December thirty-first, nineteen
hundred ninety-four. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-o and six hundred one of this chapter.
l. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 section eighty-nine-p of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller within
one year of an election his or her employer makes or within one year
after entering the employment with such county upon which eligibility is
based, whichever comes later. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-p and six hundred one of this chapter.
m. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are traffic officers
with the town of Elmira as defined in section eighty-nine-q of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before September first, nineteen hundred ninety-six. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-q and six hundred one of this
chapter.
n. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed by Suffolk county as a park police officer as defined in
section eighty-nine-r of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before September first, nineteen hundred
ninety-seven. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-r and six hundred one of this chapter.
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, who are employed as peace officers
within the Suffolk county probation department, as defined in section
eighty-nine-s of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, nineteen hundred
ninety-eight or within one year of entering into service as a peace
officer with the Suffolk county probation department. For the purposes
of this subdivision, the term "creditable service" shall have the
meaning as so defined in both sections eighty-nine-s and six hundred one
of this chapter.
* NB There are 4 sb o's
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as ambulance medical technicians, ambulance medical
technician/supervisors or a member who performs ambulance medical
technician related services, or a police medic, police medic supervisor
or a member who performs police medic related services within the Nassau
county police department, as defined in section eighty-nine-s of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before January first, two thousand. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-s and six hundred one of this
chapter.
* NB There are 4 sb o's
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as peace officers within the Nassau county probation
department, as defined in section eighty-nine-s of this chapter if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-nine or within one year of
entering into service as a peace officer with the Nassau county
probation department. Peace officers within the Nassau county probation
department must serve five years after the effective date of this
subdivision before they are eligible to retire under the provisions of
the twenty-five year retirement plan. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-s and six hundred one of this
chapter.
* NB There are 4 sb o's
* o. The county of Rockland may elect to provide the service
retirement benefit specified in section six hundred four of this article
for members with twenty years of creditable service, without regard to
age, who are engaged directly in criminal law enforcement activities and
who are employed in the office of the district attorney of Rockland
county as a chief investigator/detective, criminal
investigator-electronics, criminal investigator-child abuse, senior
criminal investigator or criminal investigator if: (i) such members have
met the minimum service requirements upon retirement, and (ii) in the
case of a member subject to the provisions of article fourteen of this
chapter, such members file an election thereof which provides that he or
she will be subject to the provisions of this article and to none of the
provisions of article fourteen of this chapter. Such election, which
shall be irrevocable, shall be in writing, duly executed and shall be
filed with the comptroller within one year of the adoption of the
resolution by the county of Rockland pursuant to this section or within
one year after entering employment in the office of the district
attorney of Rockland county in one of the titles aforementioned in this
subdivision, whichever is later. If the county of Rockland elects to
provide the retirement benefit pursuant to this subdivision, they shall
adopt a resolution to such effect and file a certified copy thereof with
the comptroller. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-d and six hundred one of this chapter and such term
shall, subject to the conditions in such sections eighty-nine-d and six
hundred one, also include service as a chief investigator/detective,
criminal investigator-electronics or a criminal investigator-child
abuse.
* NB There are 4 sb o's
* p. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in a
county which makes an election under subdivision j of section
eighty-nine-t of this chapter as a peace officer as defined in section
eighty-nine-t of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller within one year of an election his or her employer makes or
within one year after entering the employment with such county upon
which eligibility is based, whichever comes later. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-t and six hundred one of this
chapter.
* NB There are 2 sb p's
* p. The service retirement benefit specified in section six hundred
four of this article shall be payable without regard to age to
qualifying members, as defined in subdivision a of section eighty-nine-t
of this chapter, with twenty-five years of qualifying service as defined
in such section, if such members have met the minimum service
requirements upon retirement. Any such member shall be entitled to
retire after the completion of twenty-five years of qualifying
creditable service by filing an application therefor in a manner similar
to that provided in section seventy of this chapter.
* NB There are 2 sb p's
q. The county of Suffolk may elect to provide the service retirement
specified in section six hundred four of this article for members with
twenty years of creditable service, without regard to age, who are
engaged directly in criminal law enforcement activities and who are
employed in the office of the district attorney of Suffolk county as a
detective investigator, senior detective investigator, principal
detective investigator, special investigator, or district attorney
investigator if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such members file
an election thereof which provides that he or she will be subject to the
provisions of this article and to none of the provisions of article
fourteen of this chapter. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller within one year of the adoption of the resolution by the
county of Suffolk pursuant to this section or within one year after
entering employment in the office of the district attorney of Suffolk
county in one of the titles aforementioned in this subdivision,
whichever is later. If the county of Suffolk elects to provide the
retirement benefit pursuant to this subdivision, it shall adopt a
resolution to such effect and file a certified copy thereof with the
comptroller. For the purposes and effect of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-d and six hundred one of this chapter and such term
shall, subject to the conditions in such sections eight-nine-d and six
hundred one, also include service as a detective investigator, senior
detective investigator, principal detective investigator, special
investigator, or district attorney investigator.
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are with the town of
Tonawanda as defined in section eighty-nine-v of this chapter if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller within one year following the
effective date of this subdivision or one year following commencement of
employment as a paramedic employed by the police department in the town
of Tonawanda, whichever is later. For the purposes of this subdivision,
the term "creditable service" shall have the meaning as so defined in
both sections eighty-nine-v and six hundred one of this chapter.
* NB There are 3 sb r's
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as deputy sheriffs-civil in Rockland county, as defined in
section eighty-nine-v of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, two thousand one or
within one year of entering into service as a deputy sheriff-civil in
Rockland county. The term "creditable service" shall have the meaning as
so defined in section eighty-nine-t, as added by chapter 603 of the laws
of 1998 and section six hundred one of this chapter.
* NB There are 3 sb r's
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Rockland county as a correction officer as defined in section
eighty-nine-v of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, two thousand one. For
the purposes of this subdivision, the term "creditable service" shall
have the meaning as so defined in both sections eighty-nine-v and six
hundred one of this chapter.
* NB There are 3 sb r's
s. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in the
county of Nassau as a county fire marshal, supervising fire marshal,
fire marshal, assistant fire marshal, assistant chief fire marshal,
chief fire marshal or division supervising fire marshal as defined in
section eighty-nine-w of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller within one year of the effective date of this
subdivision or within one year after entering the employment with such
county upon which eligibility is based, whichever comes later. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-w and six hundred
one of this chapter.
t. Members who join the New York state teachers' retirement system on
or after January first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this
subdivision shall be required to make the member contributions required
by subdivision g of section six hundred thirteen of this article for all
years of credited and creditable service. The provisions of this
subdivision shall not apply to members who first become a member of the
New York state teachers' retirement system on or after April first, two
thousand twelve.
u. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as deputy sheriffs-civil in Monroe county, as defined in
section eighty-nine-x of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, two thousand
twenty-four or within one year of entering into service as a deputy
sheriff-civil in Monroe county. The term "creditable service" shall have
the meaning as so defined in section eighty-nine-x and subdivision c of
section six hundred one of this chapter.
v. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed by a
participating fire district that makes the election provided for in
subdivision j of section eighty-nine-ss of this chapter as an emergency
medical technician, critical care technician, advanced emergency medical
technician, paramedic or supervisor of such titles in a participating
Suffolk county fire district as defined in section eighty-nine-ss of
this chapter if: (i) such members have met the minimum service
requirements upon retirement; and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such member files
an election therefor which provides that he or she will be subject to
the provisions of this article and to none of the provisions of such
article fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller within
one year of the effective date of this subdivision or within one year
after entering the employment with the participating Suffolk county fire
district upon which eligibility is based, whichever comes later. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-ss and six
hundred one of this chapter.
requirements. * a. The service retirement benefit specified in section
six hundred four of this article shall be payable to members who have
met the minimum service requirements upon retirement and attainment of
age sixty-two, other than members who are eligible for early service
retirement pursuant to subdivision c of section six hundred four-b of
this article, subdivision c of section six hundred four-c of this
article, subdivision d of section six hundred four-d of this article,
subdivision c of section six hundred four-e of this article, subdivision
c of section six hundred four-f of this article, subdivision c of
section six hundred four-g of this article, subdivision c of section six
hundred four-h of this article subdivision c of section six hundred
four-i of this article, or subdivision c of section six hundred four-j
of this article, provided, however, a member of a teachers' retirement
system or the New York state and local employees' retirement system who
first joins such system before January first, two thousand ten or a
member who is a uniformed court officer or peace officer employed by the
unified court system who first becomes a member of the New York state
and local employees' retirement system before April first, two thousand
twelve may retire without reduction of their retirement benefit upon
attainment of at least fifty-five years of age and completion of thirty
or more years of service, provided, however, that a uniformed court
officer or peace officer employed by the unified court system who first
becomes a member of the New York state and local employees' retirement
system on or after January first, two thousand ten and retires without
reduction of their retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service pursuant to this section shall be required to make the member
contributions required by subdivision f of section six hundred thirteen
of this article for all years of credited and creditable service,
provided further that the preceding provisions of this subdivision shall
not apply to a New York city revised plan member.
* NB Effective until ch. 682/2003 expires and only so long as certain
conditions are met (see chapter 55 of 2024 Part EE, § 5 (a))
* a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the
minimum service requirements upon retirement and attainment of age
sixty-two, other than members who are eligible for early service
retirement pursuant to subdivision c of section six hundred four-b of
this article, subdivision c of section six hundred four-c of this
article, subdivision d of section six hundred four-d of this article,
subdivision c of section six hundred four-e of this article, subdivision
c of section six hundred four-f of this article, subdivision c of
section six hundred four-g of this article, subdivision c of section six
hundred four-h of this article or subdivision c of section six hundred
four-i of this article provided, however, a member who is a peace
officer employed by the unified court system or a member of a teachers'
retirement system or the New York state and local employees' retirement
system may retire without reduction of his or her retirement benefit
upon attainment of at least fifty-five years of age and completion of
thirty or more years of service.
* NB Effective when ch. 682/2003 expires
a-1. For members who first become a member of a public retirement
system of the state on or after April first, two thousand twelve, the
service retirement benefit specified in section six hundred four of this
article shall be payable to members who have met the minimum service
requirements upon retirement and have attained age sixty-three.
* b. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are correction
officers of the Westchester county correction department as defined in
section eighty-nine-e of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, nineteen hundred
ninety. For the purposes of this subdivision, the term "creditable
service" shall have the meaning as so defined in both sections
eighty-nine-e and six hundred one of this chapter.
* NB There are 2 sb b's
* b. Notwithstanding the provisions of subdivision a of this section,
a member of the New York city employees' retirement system, who is
employed in the uniformed force of the New York city department of
sanitation, and who is not eligible for early service retirement
pursuant to subdivision c of section six hundred four-a of this article,
shall be eligible to receive the service retirement benefit specified in
section six hundred four of this article upon attainment of at least
fifty-five years of age and the completion of thirty or more years of
service.
* NB There are 2 sb b's
c. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed in Suffolk county as a correction officer as defined in section
eighty-nine-f of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before September first, nineteen hundred eighty-nine
or within one year after entering into employment with Suffolk county as
a corrections officer, as defined in section eighty-nine-f of this
chapter, whichever is later. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-f and six hundred one of this chapter.
d. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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, if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before January first, nineteen hundred ninety-two. For
the purposes of this subdivision, the term "creditable service" shall
have the meaning as so defined in both sections eighty-nine-g and six
hundred one of this chapter.
e. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before December thirty-first, two thousand four. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-h and six hundred one of this
chapter.
f. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in St.
Lawrence county as a sheriff, undersheriff, deputy sheriff or correction
officer as defined in section eighty-nine-i of this chapter if: (i) such
members have met the minimum service requirements upon retirement, and
(ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-i and six hundred one of this
chapter.
* g. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Orleans county as a sheriff, undersheriff, deputy sheriff or correction
officer as defined in section eighty-nine-l of this chapter if: (i) such
members have met the minimum service requirements upon retirement, and
(ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-one, or within one year after
entering into employment with Orleans county as a sheriff, undersheriff,
deputy sheriff or correction officer as defined in section eighty-nine-l
of this chapter. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-l and six hundred one of this chapter.
* NB There are 2 sb g's
* g. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such member files
an election therefor which provides that he or she will be subject to
the provisions of this article and to none of the provisions of such
article fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before December thirty-first, nineteen hundred ninety-one, or within one
year after entering into employment with 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. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-k and six hundred one of this
chapter.
* NB There are 2 sb g's
* h. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Jefferson county as a sheriff, undersheriff, deputy sheriff or
correction officer as defined in section eighty-nine-j of this chapter
if: (i) such members have met the minimum service requirements upon
retirement, and (ii) in the case of a member subject to the provisions
of article fourteen of this chapter, such member files an election
therefor which provides that he or she will be subject to the provisions
of this article and to none of the provisions of such article fourteen.
Such election, which shall be irrevocable, shall be in writing, duly
executed and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-two, or within one year after
entering into employment with Jefferson county as a sheriff,
undersheriff, deputy sheriff or correction officer as defined in section
eighty-nine of this chapter. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-j and six hundred one of this chapter.
* NB There are 2 sb h's
* h. 1. The service retirement benefit specified in section six
hundred four of this article shall be payable to members with
twenty-five years of creditable service, without regard to age, who are
engaged directly in criminal law enforcement activities and who are
employed in the office of the district attorney of Westchester county as
a chief criminal investigator, deputy chief criminal investigator,
criminal investigator, senior criminal investigator, confidential
criminal investigator, assistant criminal investigator or criminal
investigator/arson if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such member files
an election therefor which provides that he or she will be subject to
the provisions of this article and to none of the provisions of article
fourteen of this chapter. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, nineteen hundred
ninety-one, or within one year after entering employment in the office
of the district attorney of Westchester county in one of the titles
aforementioned in this subdivision. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections six hundred one and eighty-nine-d of this
chapter and such term shall, subject to the conditions in such sections
six hundred one and eighty-nine-d, also include service as a chief
criminal investigator or a deputy chief criminal investigator.
2. Notwithstanding the provisions of paragraph one of this
subdivision, if the county of Westchester elects to provide the
retirement benefit pursuant to this paragraph by adopting a resolution
to such effect and filing a certified copy thereof with the comptroller,
the service retirement benefit specified in section six hundred four of
this article shall be payable to members with twenty years of creditable
service, without regard to age, who are engaged directly in criminal law
enforcement activities and who are employed in the office of the
district attorney of Westchester county as a chief criminal
investigator, deputy chief criminal investigator, criminal investigator,
senior criminal investigator, confidential criminal investigator,
assistant criminal investigator or criminal investigator/arson if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of article fourteen of this
chapter. Such election, which shall be irrevocable, shall be in writing,
duly executed and shall be filed with the comptroller on or before
December thirty-first, two thousand two, or within three years after
entering employment in the office of the district attorney of
Westchester county in one of the titles aforementioned in this
paragraph.
* NB There are 2 sb h's
* i. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in Broome
county as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in section eighty-nine-m of this chapter if: (i) such members
have met the minimum service requirements upon retirement, and (ii) in
the case of a member subject to the provisions of article fourteen of
this chapter, such member files an election therefor which provides that
he or she will be subject to the provisions of this article and to none
of the provisions of such article fourteen. Such election, which shall
be irrevocable, shall be in writing, duly executed and shall be filed
with the comptroller on or before December thirty-first, nineteen
hundred ninety-one or within one year after entering into employment
with Broome county as a sheriff, undersheriff, deputy sheriff or
correction officer. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-m and six hundred one of this chapter.
* NB There are 2 sb i's
* i. 1. A member of a teachers' retirement system or the New York
state and local employees' retirement system who has met the minimum
service requirements but who has less than thirty years of credited
service or a member who first joins the New York state and local
employees' retirement system or the New York state teachers' retirement
system on or after January first, two thousand ten may retire prior to
normal retirement age, but no earlier than attainment of age fifty-five,
in which event, unless such person is a member of the New York city
teachers' retirement system who is otherwise eligible for early service
retirement pursuant to subdivision c of section six hundred four-i of
this article, the amount of his or her retirement benefit otherwise
computed without optional modification shall be reduced in accordance
with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; provided,
however, that for members who first join the New York state and local
employees' retirement system or the New York state teachers' retirement
system on or after January first, two thousand ten, such amounts shall
be equal to one-fifteenth per year; and
(ii) for each full month that retirement predates age sixty,
one-quarter of one per centum per month; provided, however, that for
members who first join the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, such amounts shall be equal to
one-twentieth per year, but in no event shall retirement be permitted
prior to attainment of age fifty-five.
2. A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty,
one-quarter of one per centum per month, but in no event shall
retirement be permitted prior to attainment of age fifty-five.
3. A member of a public retirement system of the state who has met the
minimum service requirement, but who is not a New York city transit
authority member, as defined in paragraph one of subdivision a of
section six hundred four-b of this article, may retire prior to normal
retirement age, but no earlier than attainment of age fifty-five, in
which event, the amount of his or her retirement benefit computed
without optional modification shall be reduced by six and one-half per
centum for each year by which early retirement precedes age sixty-three.
* NB There are 2 sb i's
* j. Notwithstanding the other subdivisions of this section, any
individual who is subject to the provisions of article fourteen of this
chapter who is entitled to receive benefits pursuant to section six
hundred four of this article upon attaining the minimum service
requirements upon retirement and upon filing an irrevocable election
therefor which provides that he or she will be subject to the provisions
of this article and to none of the provisions of such article fourteen,
may file such an election with the comptroller on or before the
applicable date provided in this section or within one year after
entering the employment upon which eligibility is based, whichever
occurs later.
* NB There are 2 sb j's
* j. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are Monroe county
deputy sheriff-court security, or deputy sheriffs-jailors as defined in
section eighty-nine-n of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before September first, two thousand three or
within one year after entering into employment with Monroe county as a
deputy sheriff-court security, or deputy sheriff-jailor. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-n and six hundred
one of this chapter.
* NB There are 2 sb j's
k. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in Greene
county as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in section eighty-nine-o of this chapter if: (i) such members
have met the minimum service requirements upon retirement, and (ii) in
the case of a member subject to the provisions of article fourteen of
this chapter, such member files an election therefor which provides that
he or she will be subject to the provisions of this article and to none
of the provisions of such article fourteen. Such election, which shall
be irrevocable, shall be in writing, duly executed and shall be filed
with the comptroller on or before December thirty-first, nineteen
hundred ninety-four. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-o and six hundred one of this chapter.
l. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 section eighty-nine-p of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller within
one year of an election his or her employer makes or within one year
after entering the employment with such county upon which eligibility is
based, whichever comes later. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-p and six hundred one of this chapter.
m. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are traffic officers
with the town of Elmira as defined in section eighty-nine-q of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before September first, nineteen hundred ninety-six. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-q and six hundred one of this
chapter.
n. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed by Suffolk county as a park police officer as defined in
section eighty-nine-r of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before September first, nineteen hundred
ninety-seven. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-r and six hundred one of this chapter.
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, who are employed as peace officers
within the Suffolk county probation department, as defined in section
eighty-nine-s of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, nineteen hundred
ninety-eight or within one year of entering into service as a peace
officer with the Suffolk county probation department. For the purposes
of this subdivision, the term "creditable service" shall have the
meaning as so defined in both sections eighty-nine-s and six hundred one
of this chapter.
* NB There are 4 sb o's
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as ambulance medical technicians, ambulance medical
technician/supervisors or a member who performs ambulance medical
technician related services, or a police medic, police medic supervisor
or a member who performs police medic related services within the Nassau
county police department, as defined in section eighty-nine-s of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before January first, two thousand. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-s and six hundred one of this
chapter.
* NB There are 4 sb o's
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as peace officers within the Nassau county probation
department, as defined in section eighty-nine-s of this chapter if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-nine or within one year of
entering into service as a peace officer with the Nassau county
probation department. Peace officers within the Nassau county probation
department must serve five years after the effective date of this
subdivision before they are eligible to retire under the provisions of
the twenty-five year retirement plan. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-s and six hundred one of this
chapter.
* NB There are 4 sb o's
* o. The county of Rockland may elect to provide the service
retirement benefit specified in section six hundred four of this article
for members with twenty years of creditable service, without regard to
age, who are engaged directly in criminal law enforcement activities and
who are employed in the office of the district attorney of Rockland
county as a chief investigator/detective, criminal
investigator-electronics, criminal investigator-child abuse, senior
criminal investigator or criminal investigator if: (i) such members have
met the minimum service requirements upon retirement, and (ii) in the
case of a member subject to the provisions of article fourteen of this
chapter, such members file an election thereof which provides that he or
she will be subject to the provisions of this article and to none of the
provisions of article fourteen of this chapter. Such election, which
shall be irrevocable, shall be in writing, duly executed and shall be
filed with the comptroller within one year of the adoption of the
resolution by the county of Rockland pursuant to this section or within
one year after entering employment in the office of the district
attorney of Rockland county in one of the titles aforementioned in this
subdivision, whichever is later. If the county of Rockland elects to
provide the retirement benefit pursuant to this subdivision, they shall
adopt a resolution to such effect and file a certified copy thereof with
the comptroller. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-d and six hundred one of this chapter and such term
shall, subject to the conditions in such sections eighty-nine-d and six
hundred one, also include service as a chief investigator/detective,
criminal investigator-electronics or a criminal investigator-child
abuse.
* NB There are 4 sb o's
* p. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in a
county which makes an election under subdivision j of section
eighty-nine-t of this chapter as a peace officer as defined in section
eighty-nine-t of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller within one year of an election his or her employer makes or
within one year after entering the employment with such county upon
which eligibility is based, whichever comes later. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-t and six hundred one of this
chapter.
* NB There are 2 sb p's
* p. The service retirement benefit specified in section six hundred
four of this article shall be payable without regard to age to
qualifying members, as defined in subdivision a of section eighty-nine-t
of this chapter, with twenty-five years of qualifying service as defined
in such section, if such members have met the minimum service
requirements upon retirement. Any such member shall be entitled to
retire after the completion of twenty-five years of qualifying
creditable service by filing an application therefor in a manner similar
to that provided in section seventy of this chapter.
* NB There are 2 sb p's
q. The county of Suffolk may elect to provide the service retirement
specified in section six hundred four of this article for members with
twenty years of creditable service, without regard to age, who are
engaged directly in criminal law enforcement activities and who are
employed in the office of the district attorney of Suffolk county as a
detective investigator, senior detective investigator, principal
detective investigator, special investigator, or district attorney
investigator if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such members file
an election thereof which provides that he or she will be subject to the
provisions of this article and to none of the provisions of article
fourteen of this chapter. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller within one year of the adoption of the resolution by the
county of Suffolk pursuant to this section or within one year after
entering employment in the office of the district attorney of Suffolk
county in one of the titles aforementioned in this subdivision,
whichever is later. If the county of Suffolk elects to provide the
retirement benefit pursuant to this subdivision, it shall adopt a
resolution to such effect and file a certified copy thereof with the
comptroller. For the purposes and effect of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-d and six hundred one of this chapter and such term
shall, subject to the conditions in such sections eight-nine-d and six
hundred one, also include service as a detective investigator, senior
detective investigator, principal detective investigator, special
investigator, or district attorney investigator.
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are with the town of
Tonawanda as defined in section eighty-nine-v of this chapter if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller within one year following the
effective date of this subdivision or one year following commencement of
employment as a paramedic employed by the police department in the town
of Tonawanda, whichever is later. For the purposes of this subdivision,
the term "creditable service" shall have the meaning as so defined in
both sections eighty-nine-v and six hundred one of this chapter.
* NB There are 3 sb r's
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as deputy sheriffs-civil in Rockland county, as defined in
section eighty-nine-v of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, two thousand one or
within one year of entering into service as a deputy sheriff-civil in
Rockland county. The term "creditable service" shall have the meaning as
so defined in section eighty-nine-t, as added by chapter 603 of the laws
of 1998 and section six hundred one of this chapter.
* NB There are 3 sb r's
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Rockland county as a correction officer as defined in section
eighty-nine-v of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, two thousand one. For
the purposes of this subdivision, the term "creditable service" shall
have the meaning as so defined in both sections eighty-nine-v and six
hundred one of this chapter.
* NB There are 3 sb r's
s. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in the
county of Nassau as a county fire marshal, supervising fire marshal,
fire marshal, assistant fire marshal, assistant chief fire marshal,
chief fire marshal or division supervising fire marshal as defined in
section eighty-nine-w of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller within one year of the effective date of this
subdivision or within one year after entering the employment with such
county upon which eligibility is based, whichever comes later. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-w and six hundred
one of this chapter.
t. Members who join the New York state teachers' retirement system on
or after January first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this
subdivision shall be required to make the member contributions required
by subdivision g of section six hundred thirteen of this article for all
years of credited and creditable service. The provisions of this
subdivision shall not apply to members who first become a member of the
New York state teachers' retirement system on or after April first, two
thousand twelve.
u. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as deputy sheriffs-civil in Monroe county, as defined in
section eighty-nine-x of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, two thousand
twenty-four or within one year of entering into service as a deputy
sheriff-civil in Monroe county. The term "creditable service" shall have
the meaning as so defined in section eighty-nine-x and subdivision c of
section six hundred one of this chapter.
v. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed by a
participating fire district that makes the election provided for in
subdivision j of section eighty-nine-ss of this chapter as an emergency
medical technician, critical care technician, advanced emergency medical
technician, paramedic or supervisor of such titles in a participating
Suffolk county fire district as defined in section eighty-nine-ss of
this chapter if: (i) such members have met the minimum service
requirements upon retirement; and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such member files
an election therefor which provides that he or she will be subject to
the provisions of this article and to none of the provisions of such
article fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller within
one year of the effective date of this subdivision or within one year
after entering the employment with the participating Suffolk county fire
district upon which eligibility is based, whichever comes later. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-ss and six
hundred one of this chapter.