Assembly Bill A9291

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9291
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced by M. of A. COLTON -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to increasing the mandatory retirement age of members of  the
   uniformed  force  of  the fire department of the city of New York from
   sixty-five to sixty-seven

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  15-121 of the administrative code of the city of
 New York is amended to read as follows:
   § 15-121 Termination of service of members of uniformed force  because
 of  superannuation.  a. Except as otherwise provided in subdivision c of
 this section no member of the uniformed force of the  department  except
 medical  officers,  who  is or hereafter attains the age of [sixty-five]
 SIXTY-SEVEN years shall continue to serve as a member of such force  but
 shall  be  retired  and  placed  on the pension rolls of the department,
 provided however, that any member who is not eligible for retirement  at
 age  [sixty-five]  SIXTY-SEVEN, shall continue to serve as a member only
 until such time as such member becomes eligible for such pension retire-
 ment.
   b. Notwithstanding the provisions of subdivision a of this section  or
 of  any  other  section  of law, any member who shall not have completed
 thirty-five years of creditable  city  service  within  the  meaning  of
 subdivision  h of section 13-304 of the code, prior to attaining the age
 of [sixty-five] SIXTY-SEVEN years may continue  to  serve  as  a  member
 until  [he  or  she]  SUCH  MEMBER shall have completed such thirty-five
 years of creditable city service, provided that [he or she] SUCH  MEMBER
 is  capable  of  performing  duty  acceptable  to the commissioner. This
 section does not apply to chaplains or medical  officers.  This  section
 shall  apply  only to members who are in the department on the first day
 of December, nineteen hundred seventy-one.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14057-01-5
              

 A. 9291                             2
 
   c.  Any  member  whose  retirement  has  become  mandatory  under  the
 provisions  of  subdivision  a of this section may, upon approval of the
 commissioner, request of the board of estimate that  [he  or  she]  SUCH
 MEMBER  be continued as a member of the uniformed force for a period not
 exceeding  two  years.  The  board,  where  advantageous  to  the public
 service, may grant such request for a period not exceeding two years. At
 the termination of such additional period of service, such board may  in
 like  manner  permit  such  member to continue in the public service for
 successive periods each not exceeding two years. In  no  event  shall  a
 member  be  continued in public service upon attaining the age of seven-
 ty-five years.
   § 2. Subdivision j of section 13-145.1 of the administrative  code  of
 the  city  of  New York, as added by chapter 823 of the laws of 1985, is
 amended to read as follows:
   j. Any member who elects such transfer of membership shall be  subject
 to  mandatory retirement upon attainment of age [sixty-five] SIXTY-SEVEN
 under subdivision a of section 15-121 of the code in the same manner  as
 any other member of the uniformed force who is not a medical officer.
   § 3. This act shall take effect immediately.