N.Y. Retirement & Social Security Law § 441: Eligibility for retirement

§ 441. Eligibility for retirement. a. No member of a retirement system

who is subject to the provisions of this article shall be eligible to

retire until he has rendered a minimum of five years of credited service

after July first, nineteen hundred seventy-three; provided, however,

that this limitation shall not apply to the case of a member otherwise

eligible to retire for disability. A member who attains the mandatory

retirement age of the plan of which he is a member without having the

requisite period of service required as a condition of eligibility for

retirement, shall be separated from service upon attainment of such

mandatory retirement age; provided, however, that this requirement shall

not preclude a member from being continued in service beyond such

mandatory retirement age pursuant to other appropriate provisions of

law.

b. Notwithstanding the provisions of subdivision a of this section, a

retired member, receiving a retirement allowance for other than physical

disability: (i) who returns to active public service and joins or

rejoins a public retirement system on or after July first, nineteen

hundred seventy-three; and (ii) who thereafter separates from service

prior to the completion of two years of credited service, shall, upon

such separation, be entitled to receive a retirement allowance which

shall consist of an annuity which is the actuarial equivalent of his

accumulated contributions, and the pension, including

pension-providing-for-increased-take-home-pay, which he was receiving

prior to his last restoration to membership.

c. Notwithstanding the provisions of subdivision a of this section, a

member of a retirement system who is subject to the provisions of this

article shall be eligible to retire without having rendered a minimum of

five years of credited service after July first, nineteen hundred

seventy-three, if such member has rendered a minimum of five years of

continuous service, in the employ of the participating employer from

which he retires, immediately prior to retirement. For the purpose of

this subdivision, the term "service" shall mean credited service

rendered after July first, nineteen hundred seventy-three, and prior

service rendered immediately before entry into a retirement system.

d. Notwithstanding the provisions of subdivision a of this section, a

member of a retirement system who is subject to the provisions of this

article shall be eligible to retire without having rendered a minimum of

five years of credited service after July first, nineteen hundred

seventy-three if such member has rendered a minimum of three years of

continuous service after July first, nineteen hundred seventy-three and

had rendered at least twenty years of credited service prior to January

first, nineteen hundred fifty-five.