N.Y. Education Law § 539: Certain actions by retiring members

§ 539. Certain actions by retiring members. 1. Notwithstanding any law

to the contrary, this section shall apply to any member of the system

who is otherwise eligible to retire pursuant to the provisions of this

article or pursuant to article fourteen or fifteen of the retirement and

social security law.

2. Subject to the limitations in subdivisions three and four of this

section, a member shall be retired for service or with a deferred

retirement allowance, as requested by the member, upon or on a date

after the filing of a retirement application with the retirement system.

3. A member shall not file for service retirement or for a deferred

retirement allowance any earlier than ninety days prior to the date on

which the member desires to be retired.

4. A member shall not be retired under any provision of law until the

member has ceased to be paid on the payroll of an employer participating

in the retirement system. In the case of a member who has the right to

retire for disability under article fourteen of the retirement and

social security law, disability retirement shall not commence any

earlier than the date on which primary social security disability

benefits commence.

5. A member may retroactively withdraw his or her retirement for

service or with a deferred retirement allowance by filing a revocation

of retirement no later than fourteen days following the date upon which

the member was retired. The retirement system shall have no obligation

to make any payment on account of any service retirement or deferred

retirement allowance during said period.

6. An option selection duly filed by the member with the retirement

system shall become effective upon retirement. Notwithstanding the

foregoing, a member who has been retired for service or with a deferred

retirement allowance may file an option selection or change or

withdrawal of an option selection previously filed no later than thirty

days following the date on which the member has retired; a member who

has been retired for disability may file an option selection or a change

or withdrawal of an option selection previously filed no later than (i)

thirty days following the date on which such member's application for

disability retirement was approved by the retirement board or (ii)

thirty days following the date on which the member was retired for

disability, whichever is later.

7. A member subject to the provisions of this article who has

accumulated contributions credited to the member's individual account in

the annuity savings fund may elect to withdraw such contributions

pursuant to subdivision six of section five hundred sixteen of this

article within the period provided in subdivision six of this section

for the selection, change or withdrawal of an option selection.