N.Y. Retirement & Social Security Law § 602: Eligibility for service retirement benefits; minimum service requirements

§ 602. Eligibility for service retirement benefits; minimum service

requirements. a. Except as provided in subdivision b-1 of this section,

a member who first joins a public retirement system of this state on or

after July first, nineteen hundred seventy-six shall not be eligible for

service retirement benefits hereunder until such member has rendered a

minimum of five years of credited service.

b. Except as provided in subdivision b-1 of this section, 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

credited pursuant to section six hundred nine of this article.

b-1. (1) Notwithstanding the provisions of subdivision a or b of this

section or any other provision of law to the contrary, (i) a member of

the New York city teachers' retirement system who holds a position

represented by the recognized teacher organization for collective

bargaining purposes, and who became subject to the provisions of this

article after the effective date of this subdivision, or (ii) a member

of the New York city board of education retirement system who holds a

position represented by the recognized teacher organization for

collective bargaining purposes, and who became subject to the provisions

of this article after the effective date of this subdivision, shall not

be eligible for service retirement benefits hereunder until such member

has rendered a minimum of five years of credited service.

(2) Notwithstanding the provisions of subdivision a or b of this

section or any other provision of law to the contrary, a member who

first joins a public retirement system of the state on or after April

first, two thousand twelve shall not be eligible for service retirement

benefits hereunder until such member has rendered a minimum of five

years of credited service.

c. 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.

d. 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 and provided further, however, that this requirement

shall not preclude a school district from permitting a teacher to

continue in service to the end of the school year should a teacher

attain age seventy within the period September first through June

thirtieth of such school year.