NY Ret & SS L § 502 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 502 - Eligibility for Sevice Retirement Benefits; Minimum Service Requirements.

§  502.  Eligibility  for service retirement benefits; minimum service   requirements.a. A member who first joins a public retirement system of  this  state   on  or  after  June thirtieth, nineteen hundred seventy-six shall not be   eligible for service retirement benefits hereunder until such member has   rendered a minimum of five years of creditable service after July first,   nineteen hundred seventy-three, except that a member who first joins the   New York state and  local  employees'  retirement  system  on  or  after   January  first,  two  thousand  ten  shall  not  be eligible for service   retirement benefits pursuant to  this  article  until  such  member  has   rendered a minimum of ten years of credited service.b.  A member who previously was a member of a public retirement system   of this state shall not be  eligible  for  service  retirement  benefits   hereunder  until  such  member  has  rendered a minimum of five years of   service which is creditable pursuant to section five hundred thirteen of   this article. A member who first joins the  New  York  state  and  local   employees' retirement system on or after January first, two thousand ten   shall  not  be eligible for service retirement benefits pursuant to this   article until such member  has  rendered  a  minimum  of  ten  years  of   credited service.c.  An  elective member who is not vested in the plan from which he or   she transferred shall not be eligible for service retirement  or  vested   benefits  hereunder  until  such member has rendered a minimum period of   service equal to the additional service which  such  member  would  have   been  required  to  accrue  under  such former plan in order to obtain a   vested benefit.d. Notwithstanding any other provision of this  section,  a  pensioner   receiving a service retirement benefit: (i) who returns to active public   service and joins or rejoins a public retirement system on or after July   first,  nineteen  hundred seventy-six, and (ii) who thereafter separates   from  service  before  becoming  eligible  for  a   retirement   benefit   hereunder,  shall,  upon  such  separation,  be  entitled to receive the   service retirement benefit which he or she was receiving prior to his or   her last restoration to membership. Provided, however, if such pensioner   was not subject to this article at the time he or she last  retired,  he   or  she  shall,  upon  separation,  be  entitled to receive a retirement   allowance which shall consist of  an  annuity  which  is  the  actuarial   equivalent  of  his  or  her  accumulated contributions, if any, and the   pension, including pension-providing-for-increased-take-home-pay,  which   he or she was receiving prior to his last restoration to membership.e.  Notwithstanding  any  other provision of this section, if a member   attains mandatory  retirement  age,  the  minimum  service  requirements   specified in this section shall be five years.f.  Upon  the first day of the month after the attainment of mandatory   retirement age, a member shall be separated from service whether or  not   eligible  for  service retirement hereunder; provided however, that this   requirement shall not preclude a member from being continued in  service   beyond  such  mandatory  retirement  age  pursuant  to  other applicable   provisions of law.