2023 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, chief fire marshal, division supervising
  fire marshal or fire marshal trainee employed by the county of Nassau as
  defined in section eighty-nine-w of  this  chapter  or  is  employed  in
  Monroe   county   as  a  deputy  sheriff-civil  as  defined  in  section
  eighty-nine-x  of  this  chapter,  employed  as  an  emergency   medical
  technician,   critical   care  technician,  advanced  emergency  medical
  technician, paramedic or supervisor of such titles  in  a  participating
  Suffolk  county  fire  district  as defined in section eighty-nine-ss 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.