NY Ret & SS L § 445 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 11 - Limitations Applicable to New Entrants 445 - Service Retirement Benefit.

§ 445. Service retirement benefit. a. No member of a retirement system   who  is  subject  to the provisions of this article shall retire without   regard to age, exclusive of retirement for disability, unless he or  she   is  a  police  officer,  an  investigator  member  of  the New York city   employees'  retirement  system,  firefighter,  correction   officer,   a   qualifying  member  as  defined  in  section  eighty-nine-t, as added by   chapter  six  hundred  fifty-seven  of  the  laws  of  nineteen  hundred   ninety-eight,  of  this  chapter,  sanitation  worker, a special officer   (including persons employed by the city of New York in the  title  urban   park ranger or associate urban park ranger), school safety agent, campus   peace officer or a taxi and limousine commission inspector member of the   New York city employees' retirement system or the New York city board of   education  retirement  system,  a dispatcher member of the New York city   employees' retirement system, a police communications member of the  New   York  city  employees'  retirement system, an EMT member of the New York   city employees' retirement system, a deputy sheriff member  of  the  New   York  city  employees'  retirement  system,  a correction officer of the   Westchester  county  correction  department  as   defined   in   section   eighty-nine-e  of  this chapter or employed in Suffolk county as a peace   officer, as defined in section eighty-nine-s, as added by  chapter  five   hundred  eighty-eight  of  the laws of nineteen hundred ninety-seven, of   this chapter, employed in Suffolk county as  a  correction  officer,  as   defined  in section eighty-nine-f of this chapter, or 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,  or  employed  in  Nassau county as an   ambulance medical technician, an ambulance medical technician/supervisor   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, as defined in section  eighty-nine-s,  as   amended  by  chapter  five hundred seventy-eight of the laws of nineteen   hundred ninety-eight, of this chapter, or employed in Nassau county as a   peace officer, as defined in section eighty-nine-s, as added by  chapter   five  hundred  ninety-five of the laws of nineteen hundred ninety-seven,   of  this  chapter,  or  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  or  is   employed  in  St.  Lawrence  county  as  a sheriff, undersheriff, deputy   sheriff or correction officer, as defined in  section  eighty-nine-i  of   this   chapter   or   is  employed  in  Orleans  county  as  a  sheriff,   undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in   section eighty-nine-l of this chapter or is employed in Jefferson county   as  a  sheriff,  undersheriff,  deputy sheriff or correction officer, as   defined in section eighty-nine-j of  this  chapter  or  is  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 or is 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 such section eighty-nine-p or is  employed  in  Broome  County  as  a   sheriff,  undersheriff, deputy sheriff or correction officer, as defined   in section eighty-nine-m of this chapter or is a  Monroe  county  deputy   sheriff-court  security,  or deputy sheriff-jailor as defined in section   eighty-nine-n, as added by chapter five hundred ninety-seven of the laws   of nineteen hundred ninety-one, of this chapter or is employed in Greene   county as a sheriff, undersheriff, deputy sheriff or correction officer,   as defined in section eighty-nine-o of this  chapter  or  is  a  traffic   officer  with  the town of Elmira as defined in section eighty-nine-q of    this chapter or is employed by Suffolk county as a park police  officer,   as  defined  in  section  eighty-nine-r  of  this  chapter or is a peace   officer employed by a county probation department as defined in  section   eighty-nine-t,  as  added  by  chapter  six hundred three of the laws of   nineteen hundred  ninety-eight,  of  this  chapter  or  is  employed  in   Rockland  county  as  a  deputy  sheriff-civil  as  defined  in  section   eighty-nine-v of this chapter as added by chapter four hundred forty-one   of the laws of two thousand one, or is employed in Rockland county as  a   superior  correction officer as defined in section eighty-nine-v of this   chapter as added by chapter five hundred fifty-six of the  laws  of  two   thousand  one or is a paramedic employed by the police department in the   town  of  Tonawanda  and  retires  under  the  provisions   of   section   eighty-nine-v  of  this  chapter,  as  added  by  chapter  four  hundred   seventy-two of the laws of  two  thousand  one,  or  is  a  county  fire   marshal, supervising fire marshal, fire marshal, assistant fire marshal,   assistant  chief  fire  marshal  or  chief  fire marshal employed by the   county of Nassau as defined in section eighty-nine-w of this chapter and   is in a plan which permits immediate retirement  upon  completion  of  a   specified period of service without regard to age. Except as provided in   subdivision  c  of  section  four  hundred forty-five-a of this article,   subdivision c of section four  hundred  forty-five-b  of  this  article,   subdivision  c  of  section  four  hundred forty-five-c of this article,   subdivision c of section four  hundred  forty-five-d  of  this  article,   subdivision  c  of  section  four  hundred forty-five-e of this article,   subdivision c of section four hundred forty-five-f of this  article  and   subdivision  c  of  section four hundred forty-five-h of this article, a   member in such a plan and  such  an  occupation,  other  than  a  police   officer   or  investigator  member  of  the  New  York  city  employees'   retirement system or a firefighter, shall not  be  permitted  to  retire   prior  to  the  completion  of  twenty-five  years  of credited service;   provided, however, if such a member in such an occupation is in  a  plan   which  permits  retirement  upon  completion  of twenty years of service   regardless of age, he or she may retire upon completion of twenty  years   of  credited service and prior to the completion of twenty-five years of   service, but in such event the benefit provided from  funds  other  than   those  based  on  such a member's own contributions shall not exceed two   per centum of final average salary per each year of credited service.b. No member in a retirement plan which, prior to the  effective  date   of  this article, permitted all members to retire upon the attainment of   age fifty and completion of twenty years of service shall  be  permitted   to  retire  without  benefit  reduction  prior  to the attainment of age   fifty-five and completion of twenty-five years of service. In the  event   that  such a member retires prior to the attainment of age fifty-five or   completion of twenty-five years of service, the  benefit  provided  from   funds  other than those based on such a member's own contributions shall   not exceed two percentum of  final  average  salary  per  each  year  of   credited service.c. A person who is a member of an optional twenty year retirement plan   for police officers and firefighters in jurisdictions which have elected   to  provide  such  plan  and  such jurisdiction further elects to permit   retirement at age fifty-five without reduction may then  elect  to  join   under   section   three   hundred   seventy-five-i   or   three  hundred   seventy-five-j of this chapter,  if  either  plan  is  provided  by  the   employer,  and  may  retire  without  reduction of his or her retirement   benefit upon attaining the age of fifty-five.