NY Ret & SS L § 70 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 8 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally 70 - Superannuation Retirement.

§ 70. Superannuation retirement. a. Any member may retire if he or she shall have attained at least the minimum retirement age while in service as  a  member,  or  while  in  federal service, or in the service of the United Nations or other international organizations of which the  United States  is  a member, as a member continued pursuant to paragraph one of subdivision f of section forty of this article,  or  while  entitled  to make  application  for a vested retirement allowance pursuant to section seventy-six of this title. Any such  member  desiring  to  retire  shall execute  and  file  with  the comptroller an application for retirement, which shall specify the effective date of his or her  retirement,  which shall  be  not less than fifteen nor more than ninety days subsequent to such date of  filing.  An  application  for  service  retirement,  filed hereunder  in accordance with the provisions of subdivision c of section sixty-two or subdivision f of section sixty-three of this article, shall be processed in the regular manner, provided  that  if  the  application filed  simultaneously  therewith  under  either  of such subdivisions is granted, then and in that event  the  retirement  allowance  granted  in accordance  with  the  provisions of this section shall be appropriately adjusted.   b. Any member who attains age seventy shall be retired  on  the  first day  of  the  calendar month next succeeding such event. Such retirement shall be on the basis of "Option One-half", unless the member  files  an effective  election pursuant to section ninety of this article to retire on a different basis. If he shall  have  filed  such  an  election,  his retirement  allowance  shall be computed in accordance with the basis so selected by him. The provisions of  this  subdivision  with  respect  to mandatory retirement shall be inapplicable to:   1. An elective officer.   2. A judge.   3. A justice.   4. An official referee.   5.  A  person  holding  office  by  virtue of an appointment to fill a vacancy in an elective office.   6. An employee of the port of New York authority.   7. A person who last became a member before April  eleventh,  nineteen hundred  forty-five,  and who serves continuously after such date in one or more of the following capacities:  (a) A clerk of a court, as provided in the constitution, article  six, section twenty-one.  (b) An appointee of the governor.  (c) An employee of the legislature drawing an annual salary, or  (d)  A  chaplain  of  a county penal institution having served as such chaplain for not less than thirty years, or   8. A commissioner of elections.   c. Notwithstanding the provisions of subdivision b  of  this  section, the  state  civil  service  commission  may  approve  the continuance in service of members who have attained age seventy. Such  approvals  shall be  for  periods not to exceed two years each. No such approval shall be given unless:   1. The head of the department in which the member  is  employed  shall file   a   written   statement   with  the  comptroller  approving  such continuance, and   2. The medical board shall certify that such member is physically  fit to perform the duties of his position, and   3. The state civil service commission shall find that:  (a) Such member is less than seventy-eight years of age, and  (b)  His  continuance  in service would be advantageous because of his expert knowledge and special qualifications.  The service of any such member may, however, be terminated at  any  time by  the  head of the department in which he is employed, upon sixty days written notice to such member.