N.Y. Retirement & Social Security Law § 113-a: Suspension of state and local provisions requiring termination of service or retirement on account of age

§ 113-a. Suspension of state and local provisions requiring

termination of service or retirement on account of age. In the case of

persons who have not attained eligibility for the payment of benefits

under the federal old-age and survivors insurance law, the provisions of

any general, special or local law, city or village charter, ordinance,

resolution, rule or regulation relating to employment by the state or a

municipality or to membership in any public pension or retirement system

maintained by any of them which require or authorize the termination of

service or retirement of any public employee or member of any such

system, without his application or consent, on account of his attaining

age of compulsory retirement, are hereby suspended so that terminations

of service or retirements thereunder may not be required to become

effective until such eligibility for the payment of benefits under the

federal old-age and survivors insurance law has been attained or before

June thirtieth, nineteen hundred fifty-nine or, in the case of members

of the New York city teachers' retirement system, before August

thirty-first, nineteen hundred fifty-nine, whichever shall first occur.

This section shall not apply to any officer appointed for a fixed term

or serving at the pleasure of an appointing officer or body provided

however, that the appointing officer or body, for the purposes of and

within the limitations of this section, shall have power to extend the

service of any such officer for any period ending not later than June

thirtieth, nineteen hundred fifty-nine, which extension shall be at the

pleasure of the officer or body having the power of appointment. This

section shall not apply to any person serving in an elective office nor

to officers or employees of instrumentalities jointly created by this

state and any other state or states.