New York Laws
Article 14 - Coordinated-Escalator Retirement Plan
502 - Eligibility for Sevice 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.