2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 9 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally › 370 - Superannuation Retirement.

§  370.  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 three hundred forty of this  article  or
while  entitled  to  make  application for a vested retirement allowance
pursuant to section three hundred 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 chapter, 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.  Notwithstanding  any other
provision of law, any member who is eligible to retire and who has  died
while  in  active  service, and who has filed an application for service
retirement less than thirty days prior to death, shall be deemed to have
retired and the member's designated beneficiary shall have the option to
choose the benefit provided by service retirement rather than the  death
benefit, provided, however that if the designated beneficiary elects the
service  retirement  benefit  such person shall be required to choose an
option under section three hundred ninety of this article.
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  three hundred 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 a member of
this system who is an employee of the port of New York authority who was
a member of the state employees' retirement system prior to April first,
nineteen hundred sixty-seven.
c. Notwithstanding the provision 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 of such member.