N.Y. Retirement & Social Security Law § 502: Eligibility for service retirement benefits; minimum service requirements

§ 502. Eligibility for service retirement benefits; minimum service

requirements. a. A member who first joins a public retirement system of

this state on or after June thirtieth, nineteen hundred seventy-six

shall not be eligible for service retirement benefits hereunder until

such member has rendered a minimum of five years of creditable service

after July first, nineteen hundred seventy-three.

b. A member who previously was a member of a public retirement system

of this state shall not be eligible for service retirement benefits

hereunder until such member has rendered a minimum of five years of

service which is creditable pursuant to section five hundred thirteen of

this article.

c. An elective member who is not vested in the plan from which he or

she transferred shall not be eligible for service retirement or vested

benefits hereunder until such member has rendered a minimum period of

service equal to the additional service which such member would have

been required to accrue under such former plan in order to obtain a

vested benefit.

d. Notwithstanding any other provision of this section, a pensioner

receiving a service retirement benefit: (i) who returns to active public

service and joins or rejoins a public retirement system on or after July

first, nineteen hundred seventy-six, and (ii) who thereafter separates

from service before becoming eligible for a retirement benefit

hereunder, shall, upon such separation, be entitled to receive the

service retirement benefit which he or she was receiving prior to his or

her last restoration to membership. Provided, however, if such pensioner

was not subject to this article at the time he or she last retired, he

or she shall, upon separation, be entitled to receive a retirement

allowance which shall consist of an annuity which is the actuarial

equivalent of his or her accumulated contributions, if any, and the

pension, including pension-providing-for-increased-take-home-pay, which

he or she was receiving prior to his last restoration to membership.

e. Notwithstanding any other provision of this section, if a member

attains mandatory retirement age, the minimum service requirements

specified in this section shall be five years.

f. Upon the first day of the month after the attainment of mandatory

retirement age, a member shall be separated from service whether or not

eligible for service retirement hereunder; provided however, that this

requirement shall not preclude a member from being continued in service

beyond such mandatory retirement age pursuant to other applicable

provisions of law.