N.Y. Retirement & Social Security Law § 445: Service retirement benefit

§ 445. Service retirement benefit. a. No member of a retirement

system who is subject to the provisions of this article shall retire

without regard to age, exclusive of retirement for disability, unless

they are a police officer, an investigator member of the New York city

employees' retirement system, firefighter, correction officer, a

qualifying member as defined in section eighty-nine-t, as added by

chapter six hundred fifty-seven of the laws of nineteen hundred

ninety-eight, of this chapter, sanitation worker, a special officer

(including persons employed by the city of New York in the title urban

park ranger or associate urban park ranger), school safety agent, campus

peace officer or a taxi and limousine commission inspector member of the

New York city employees' retirement system or the New York city board of

education retirement system, a dispatcher member of the New York city

employees' retirement system, a police communications member of the New

York city employees' retirement system, an EMT member of the New York

city employees' retirement system, a deputy sheriff member of the New

York city employees' retirement system, a correction officer of the

Westchester county correction department as defined in section

eighty-nine-e of this chapter or employed in Suffolk county as a peace

officer, as defined in section eighty-nine-s, as added by chapter five

hundred eighty-eight of the laws of nineteen hundred ninety-seven, of

this chapter, employed in Suffolk county as a correction officer, as

defined in section eighty-nine-f of this chapter, or employed in Nassau

county as a correction officer, uniformed correction division personnel,

sheriff, undersheriff or deputy sheriff, as defined in section

eighty-nine-g of this chapter, or employed in Nassau county as an

ambulance medical technician, an ambulance medical technician/supervisor

or a member who performs ambulance medical technician related services,

or a police medic, police medic supervisor or a member who performs

police medic related services, as defined in section eighty-nine-s, as

amended by chapter five hundred seventy-eight of the laws of nineteen

hundred ninety-eight, of this chapter, or employed in Nassau county as a

peace officer, as defined in section eighty-nine-s, as added by chapter

five hundred ninety-five of the laws of nineteen hundred ninety-seven,

of this chapter, or employed in Albany county as a sheriff,

undersheriff, deputy sheriff, correction officer or identification

officer, as defined in section eighty-nine-h of this chapter or is

employed in St. Lawrence county as a sheriff, undersheriff, deputy

sheriff or correction officer, as defined in section eighty-nine-i of

this chapter or is employed in Orleans county as a sheriff,

undersheriff, deputy sheriff or correction officer, as defined in

section eighty-nine-l of this chapter or is employed in Jefferson county

as a sheriff, undersheriff, deputy sheriff or correction officer, as

defined in section eighty-nine-j of this chapter or is employed in

Onondaga county as a deputy sheriff-jail division competitively

appointed or as a correction officer, as defined in section

eighty-nine-k of this chapter or is employed in a county which makes an

election under subdivision j of section eighty-nine-p of this chapter as

a sheriff, undersheriff, deputy sheriff or correction officer as defined

in such section eighty-nine-p or is employed in Broome County as a

sheriff, undersheriff, deputy sheriff or correction officer, as defined

in section eighty-nine-m of this chapter or is a Monroe county deputy

sheriff-court security, or deputy sheriff-jailor as defined in section

eighty-nine-n, as added by chapter five hundred ninety-seven of the laws

of nineteen hundred ninety-one, of this chapter or is employed in Greene

county as a sheriff, undersheriff, deputy sheriff or correction officer,

as defined in section eighty-nine-o of this chapter or is a traffic

officer with the town of Elmira as defined in section eighty-nine-q of

this chapter or is employed by Suffolk county as a park police officer,

as defined in section eighty-nine-r of this chapter or is a peace

officer employed by a county probation department as defined in section

eighty-nine-t, as added by chapter six hundred three of the laws of

nineteen hundred ninety-eight, of this chapter or is employed in

Rockland county as a deputy sheriff-civil as defined in section

eighty-nine-v of this chapter as added by chapter four hundred forty-one

of the laws of two thousand one, or is employed in Rockland county as a

superior correction officer as defined in section eighty-nine-v of this

chapter as added by chapter five hundred fifty-six of the laws of two

thousand one or is a paramedic employed by the police department in the

town of Tonawanda and retires under the provisions of section

eighty-nine-v of this chapter, as added by chapter four hundred

seventy-two of the laws of two thousand one, or is a county fire

marshal, supervising fire marshal, fire marshal, assistant fire marshal,

assistant chief fire marshal, chief fire marshal, division supervising

fire marshal or fire marshal trainee employed by the county of Nassau as

defined in section eighty-nine-w of this chapter or is employed in

Monroe county as a deputy sheriff-civil as defined in section

eighty-nine-x of this chapter, employed as an emergency medical

technician, critical care technician, advanced emergency medical

technician, paramedic or supervisor of such titles in a participating

Suffolk county fire district as defined in section eighty-nine-ss of

this chapter, or is a firefighter apprentice, airport firefighter I,

airport firefighter II, airport firefighter III, or training and safety

officer employed by the division of military and naval affairs as

defined in section eighty-nine-y of this chapter and is in a plan which

permits immediate retirement upon completion of a specified period of

service without regard to age. Except as provided in subdivision c of

section four hundred forty-five-a of this article, subdivision c of

section four hundred forty-five-b of this article, subdivision c of

section four hundred forty-five-c of this article, subdivision c of

section four hundred forty-five-d of this article, subdivision c of

section four hundred forty-five-e of this article, subdivision c of

section four hundred forty-five-f of this article and subdivision c of

section four hundred forty-five-h of this article, a member in such a

plan and such an occupation, other than a police officer or investigator

member of the New York city employees' retirement system or a

firefighter, shall not be permitted to retire prior to the completion of

twenty-five years of credited service; provided, however, if such a

member in such an occupation is in a plan which permits retirement upon

completion of twenty years of service regardless of age, they may retire

upon completion of twenty years of credited service and prior to the

completion of twenty-five years of service, but in such event the

benefit provided from funds other than those based on such a member's

own contributions shall not exceed two per centum of final average

salary per each year of credited service.

b. No member in a retirement plan which, prior to the effective date

of this article, permitted all members to retire upon the attainment of

age fifty and completion of twenty years of service shall be permitted

to retire without benefit reduction prior to the attainment of age

fifty-five and completion of twenty-five years of service. In the event

that such a member retires prior to the attainment of age fifty-five or

completion of twenty-five years of service, the benefit provided from

funds other than those based on such a member's own contributions shall

not exceed two percentum of final average salary per each year of

credited service.

c. A person who is a member of an optional twenty year retirement plan

for police officers and firefighters in jurisdictions which have elected

to provide such plan and such jurisdiction further elects to permit

retirement at age fifty-five without reduction may then elect to join

under section three hundred seventy-five-i or three hundred

seventy-five-j of this chapter, if either plan is provided by the

employer, and may retire without reduction of his or her retirement

benefit upon attaining the age of fifty-five.