Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Superannuation retirement
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 8
§ 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

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.