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This entry was published on 2022-04-22
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SECTION 602
Eligibility for service retirement benefits; minimum service requirements
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 15
§ 602. Eligibility for service retirement benefits; minimum service
requirements. a. Except as provided in subdivision b-1 of this section,
a member who first joins a public retirement system of this state on or
after July first, nineteen hundred seventy-six shall not be eligible for
service retirement benefits hereunder until such member has rendered a
minimum of five years of credited service.

b. Except as provided in subdivision b-1 of this section, a member who
previously was a member of a public retirement system of this state
shall not be eligible for service retirement benefits hereunder until
such member has rendered a minimum of five years of service which is
credited pursuant to section six hundred nine of this article.

b-1. (1) Notwithstanding the provisions of subdivision a or b of this
section or any other provision of law to the contrary, (i) a member of
the New York city teachers' retirement system who holds a position
represented by the recognized teacher organization for collective
bargaining purposes, and who became subject to the provisions of this
article after the effective date of this subdivision, or (ii) a member
of the New York city board of education retirement system who holds a
position represented by the recognized teacher organization for
collective bargaining purposes, and who became subject to the provisions
of this article after the effective date of this subdivision, shall not
be eligible for service retirement benefits hereunder until such member
has rendered a minimum of five years of credited service.

(2) Notwithstanding the provisions of subdivision a or b of this
section or any other provision of law to the contrary, a member who
first joins a public retirement system of the state on or after April
first, two thousand twelve shall not be eligible for service retirement
benefits hereunder until such member has rendered a minimum of five
years of credited service.

c. Notwithstanding any other provision of this section, if a member
attains mandatory retirement age, the minimum service requirements
specified in this section shall be five years.

d. Upon the first day of the month after the attainment of mandatory
retirement age, a member shall be separated from service whether or not
eligible for service retirement hereunder; provided, however, that this
requirement shall not preclude a member from being continued in service
beyond such mandatory retirement age pursuant to other applicable
provisions of law and provided further, however, that this requirement
shall not preclude a school district from permitting a teacher to
continue in service to the end of the school year should a teacher
attain age seventy within the period September first through June
thirtieth of such school year.