2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 11 - State Teachers' Retirement System for Public School Teachers › 539 - Certain Actions by Retiring Members.

§ 539. Certain actions by retiring members. 1. Notwithstanding any law
  to  the  contrary,  this section shall apply to any member of the system
  who is otherwise eligible to retire pursuant to the provisions  of  this
  article or pursuant to article fourteen or fifteen of the retirement and
  social security law.
2.  Subject  to the limitations in subdivisions three and four of this
  section, a member shall be  retired  for  service  or  with  a  deferred
  retirement  allowance,  as  requested  by  the member, upon or on a date
  after the filing of a retirement application with the retirement system.
3. A member shall not file for service retirement or  for  a  deferred
  retirement  allowance  any earlier than ninety days prior to the date on
  which the member desires to be retired.
4. A member shall not be retired under any provision of law until  the
  member has ceased to be paid on the payroll of an employer participating
  in  the  retirement system. In the case of a member who has the right to
  retire for disability under  article  fourteen  of  the  retirement  and
  social  security  law,  disability  retirement  shall  not  commence any
  earlier than the  date  on  which  primary  social  security  disability
  benefits commence.
5.  A  member  may  retroactively  withdraw  his or her retirement for
  service or with a deferred retirement allowance by filing  a  revocation
  of  retirement no later than fourteen days following the date upon which
  the member was retired. The retirement system shall have  no  obligation
  to  make  any  payment  on account of any service retirement or deferred
  retirement allowance during said period.
6. An option selection duly filed by the member  with  the  retirement
  system  shall  become  effective  upon  retirement.  Notwithstanding the
  foregoing, a member who has been retired for service or with a  deferred
  retirement   allowance  may  file  an  option  selection  or  change  or
  withdrawal of an option selection previously filed no later than  thirty
  days  following  the  date on which the member has retired; a member who
  has been retired for disability may file an option selection or a change
  or withdrawal of an option selection previously filed no later than  (i)
  thirty  days  following  the date on which such member's application for
  disability retirement was approved  by  the  retirement  board  or  (ii)
  thirty  days  following  the  date  on  which the member was retired for
  disability, whichever is later.
7. A member  subject  to  the  provisions  of  this  article  who  has
  accumulated contributions credited to the member's individual account in
  the  annuity  savings  fund  may  elect  to  withdraw such contributions
  pursuant to subdivision six of section  five  hundred  sixteen  of  this
  article  within  the  period provided in subdivision six of this section
  for the selection, change or withdrawal of an option selection.