2023 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.