(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; provided,
however, that for members who first join the New York state and local
employees' retirement system or the New York state teachers' retirement
system on or after January first, two thousand ten, such amounts shall
be equal to one-fifteenth per year; and
(ii) for each full month that retirement predates age sixty,
one-quarter of one per centum per month; provided, however, that for
members who first join the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, such amounts shall be equal to
one-twentieth per year, but in no event shall retirement be permitted
prior to attainment of age fifty-five.
2. A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty,
one-quarter of one per centum per month, but in no event shall
retirement be permitted prior to attainment of age fifty-five.
3. A member of a public retirement system of the state who has met the
minimum service requirement, but who is not a New York city transit
authority member, as defined in paragraph one of subdivision a of
section six hundred four-b of this article, may retire prior to normal
retirement age, but no earlier than attainment of age fifty-five, in
which event, the amount of his or her retirement benefit computed
without optional modification shall be reduced by six and one-half per
centum for each year by which early retirement precedes age sixty-three.
* NB There are 2 sb i's
* j. Notwithstanding the other subdivisions of this section, any
individual who is subject to the provisions of article fourteen of this
chapter who is entitled to receive benefits pursuant to section six
hundred four of this article upon attaining the minimum service
requirements upon retirement and upon filing an irrevocable election
therefor which provides that he or she will be subject to the provisions
of this article and to none of the provisions of such article fourteen,
may file such an election with the comptroller on or before the
applicable date provided in this section or within one year after
entering the employment upon which eligibility is based, whichever
occurs later.
* NB There are 2 sb j's
* j. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are Monroe county
deputy sheriff-court security, or deputy sheriffs-jailors as defined in
section eighty-nine-n of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before September first, two thousand three or
within one year after entering into employment with Monroe county as a
deputy sheriff-court security, or deputy sheriff-jailor. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-n and six hundred
one of this chapter.
* NB There are 2 sb j's
k. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in Greene
county as a sheriff, undersheriff, deputy sheriff or correction officer
as defined in section eighty-nine-o of this chapter if: (i) such members
have met the minimum service requirements upon retirement, and (ii) in
the case of a member subject to the provisions of article fourteen of
this chapter, such member files an election therefor which provides that
he or she will be subject to the provisions of this article and to none
of the provisions of such article fourteen. Such election, which shall
be irrevocable, shall be in writing, duly executed and shall be filed
with the comptroller on or before December thirty-first, nineteen
hundred ninety-four. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-o and six hundred one of this chapter.
l. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are 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 section eighty-nine-p of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller within
one year of an election his or her employer makes or within one year
after entering the employment with such county upon which eligibility is
based, whichever comes later. For the purposes of this subdivision, the
term "creditable service" shall have the meaning as so defined in both
sections eighty-nine-p and six hundred one of this chapter.
m. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are traffic officers
with the town of Elmira as defined in section eighty-nine-q of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before September first, nineteen hundred ninety-six. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-q and six hundred one of this
chapter.
n. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed by Suffolk county as a park police officer as defined in
section eighty-nine-r of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before September first, nineteen hundred
ninety-seven. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-r and six hundred one of this chapter.
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, who are employed as peace officers
within the Suffolk county probation department, as defined in section
eighty-nine-s of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, nineteen hundred
ninety-eight or within one year of entering into service as a peace
officer with the Suffolk county probation department. For the purposes
of this subdivision, the term "creditable service" shall have the
meaning as so defined in both sections eighty-nine-s and six hundred one
of this chapter.
* NB There are 4 sb o's
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as ambulance medical technicians, ambulance medical
technician/supervisors 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 within the Nassau
county police department, as defined in section eighty-nine-s of this
chapter if: (i) such members have met the minimum service requirements
upon retirement, and (ii) in the case of a member subject to the
provisions of article fourteen of this chapter, such member files an
election therefor which provides that he or she will be subject to the
provisions of this article and to none of the provisions of such article
fourteen. Such election, which shall be irrevocable, shall be in
writing, duly executed and shall be filed with the comptroller on or
before January first, two thousand. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-s and six hundred one of this
chapter.
* NB There are 4 sb o's
* o. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as peace officers within the Nassau county probation
department, as defined in section eighty-nine-s of this chapter if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller on or before December
thirty-first, nineteen hundred ninety-nine or within one year of
entering into service as a peace officer with the Nassau county
probation department. Peace officers within the Nassau county probation
department must serve five years after the effective date of this
subdivision before they are eligible to retire under the provisions of
the twenty-five year retirement plan. For the purposes of this
subdivision, the term "creditable service" shall have the meaning as so
defined in both sections eighty-nine-s and six hundred one of this
chapter.
* NB There are 4 sb o's
* o. The county of Rockland may elect to provide the service
retirement benefit specified in section six hundred four of this article
for members with twenty years of creditable service, without regard to
age, who are engaged directly in criminal law enforcement activities and
who are employed in the office of the district attorney of Rockland
county as a chief investigator/detective, criminal
investigator-electronics, criminal investigator-child abuse, senior
criminal investigator or criminal investigator if: (i) such members have
met the minimum service requirements upon retirement, and (ii) in the
case of a member subject to the provisions of article fourteen of this
chapter, such members file an election thereof which provides that he or
she will be subject to the provisions of this article and to none of the
provisions of article fourteen of this chapter. Such election, which
shall be irrevocable, shall be in writing, duly executed and shall be
filed with the comptroller within one year of the adoption of the
resolution by the county of Rockland pursuant to this section or within
one year after entering employment in the office of the district
attorney of Rockland county in one of the titles aforementioned in this
subdivision, whichever is later. If the county of Rockland elects to
provide the retirement benefit pursuant to this subdivision, they shall
adopt a resolution to such effect and file a certified copy thereof with
the comptroller. For the purposes of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-d and six hundred one of this chapter and such term
shall, subject to the conditions in such sections eighty-nine-d and six
hundred one, also include service as a chief investigator/detective,
criminal investigator-electronics or a criminal investigator-child
abuse.
* NB There are 4 sb o's
* p. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in a
county which makes an election under subdivision j of section
eighty-nine-t of this chapter as a peace officer as defined in section
eighty-nine-t of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller within one year of an election his or her employer makes or
within one year after entering the employment with such county upon
which eligibility is based, whichever comes later. For the purposes of
this subdivision, the term "creditable service" shall have the meaning
as so defined in both sections eighty-nine-t and six hundred one of this
chapter.
* NB There are 2 sb p's
* p. The service retirement benefit specified in section six hundred
four of this article shall be payable without regard to age to
qualifying members, as defined in subdivision a of section eighty-nine-t
of this chapter, with twenty-five years of qualifying service as defined
in such section, if such members have met the minimum service
requirements upon retirement. Any such member shall be entitled to
retire after the completion of twenty-five years of qualifying
creditable service by filing an application therefor in a manner similar
to that provided in section seventy of this chapter.
* NB There are 2 sb p's
q. The county of Suffolk may elect to provide the service retirement
specified in section six hundred four of this article for members with
twenty years of creditable service, without regard to age, who are
engaged directly in criminal law enforcement activities and who are
employed in the office of the district attorney of Suffolk county as a
detective investigator, senior detective investigator, principal
detective investigator, special investigator, or district attorney
investigator if: (i) such members have met the minimum service
requirements upon retirement, and (ii) in the case of a member subject
to the provisions of article fourteen of this chapter, such members file
an election thereof which provides that he or she will be subject to the
provisions of this article and to none of the provisions of article
fourteen of this chapter. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller within one year of the adoption of the resolution by the
county of Suffolk pursuant to this section or within one year after
entering employment in the office of the district attorney of Suffolk
county in one of the titles aforementioned in this subdivision,
whichever is later. If the county of Suffolk elects to provide the
retirement benefit pursuant to this subdivision, it shall adopt a
resolution to such effect and file a certified copy thereof with the
comptroller. For the purposes and effect of this subdivision, the term
"creditable service" shall have the meaning as so defined in both
sections eighty-nine-d and six hundred one of this chapter and such term
shall, subject to the conditions in such sections eight-nine-d and six
hundred one, also include service as a detective investigator, senior
detective investigator, principal detective investigator, special
investigator, or district attorney investigator.
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are with the town of
Tonawanda as defined in section eighty-nine-v of this chapter if: (i)
such members have met the minimum service requirements upon retirement,
and (ii) in the case of a member subject to the provisions of article
fourteen of this chapter, such member files an election therefor which
provides that he or she will be subject to the provisions of this
article and to none of the provisions of such article fourteen. Such
election, which shall be irrevocable, shall be in writing, duly executed
and shall be filed with the comptroller within one year following the
effective date of this subdivision or one year following commencement of
employment as a paramedic employed by the police department in the town
of Tonawanda, whichever is later. For the purposes of this subdivision,
the term "creditable service" shall have the meaning as so defined in
both sections eighty-nine-v and six hundred one of this chapter.
* NB There are 3 sb r's
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as deputy sheriffs-civil in Rockland county, as defined in
section eighty-nine-v of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, two thousand one or
within one year of entering into service as a deputy sheriff-civil in
Rockland county. The term "creditable service" shall have the meaning as
so defined in section eighty-nine-t, as added by chapter 603 of the laws
of 1998 and section six hundred one of this chapter.
* NB There are 3 sb r's
* r. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in
Rockland county as a correction officer as defined in section
eighty-nine-v of this chapter if: (i) such members have met the minimum
service requirements upon retirement, and (ii) in the case of a member
subject to the provisions of article fourteen of this chapter, such
member files an election therefor which provides that he or she will be
subject to the provisions of this article and to none of the provisions
of such article fourteen. Such election, which shall be irrevocable,
shall be in writing, duly executed and shall be filed with the
comptroller on or before December thirty-first, two thousand one. For
the purposes of this subdivision, the term "creditable service" shall
have the meaning as so defined in both sections eighty-nine-v and six
hundred one of this chapter.
* NB There are 3 sb r's
s. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five years
of creditable service, without regard to age, who are employed in the
county of Nassau as a county fire marshal, supervising fire marshal,
fire marshal, assistant fire marshal, assistant chief fire marshal,
chief fire marshal or division supervising fire marshal as defined in
section eighty-nine-w of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller within one year of the effective date of this
subdivision or within one year after entering the employment with such
county upon which eligibility is based, whichever comes later. For the
purposes of this subdivision, the term "creditable service" shall have
the meaning as so defined in both sections eighty-nine-w and six hundred
one of this chapter.
t. Members who join the New York state teachers' retirement system on
or after January first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this
subdivision shall be required to make the member contributions required
by subdivision g of section six hundred thirteen of this article for all
years of credited and creditable service. The provisions of this
subdivision shall not apply to members who first become a member of the
New York state teachers' retirement system on or after April first, two
thousand twelve.
u. The service retirement benefit specified in section six hundred
four of this article shall be payable to members with twenty-five or
more years of creditable service, without regard to age, who are
employed as deputy sheriffs-civil in Monroe county, as defined in
section eighty-nine-x of this chapter if: (i) such members have met the
minimum service requirements upon retirement, and (ii) in the case of a
member subject to the provisions of article fourteen of this chapter,
such member files an election therefor which provides that he or she
will be subject to the provisions of this article and to none of the
provisions of such article fourteen. Such election, which shall be
irrevocable, shall be in writing, duly executed and shall be filed with
the comptroller on or before December thirty-first, two thousand
twenty-four or within one year of entering into service as a deputy
sheriff-civil in Monroe county. The term "creditable service" shall have
the meaning as so defined in section eighty-nine-x and subdivision c of
section six hundred one of this chapter.
Structure New York Laws
RSS - Retirement and Social Security
Article 15 - Coordinated Retirement Plan
602 - Eligibility for Service Retirement Benefits; Minimum Service Requirements.
603 - Eligibility for Service Retirement Benefits; Age and Service Requirements.
604 - Service Retirement Benefits.
604-A - Twenty-Year Retirement Program for New York City Sanitation Members.
604-C - Supplemental Retirement Allowance.
604-C*2 - Optional Twenty-Five-Year Early Retirement Program for Certain New York City Members.
604-C*3 - Twenty-Year/age Fifty Retirement Program for Triborough Bridge and Tunnel Members.
604-D - Age Fifty-Seven Retirement Program for Certain New York City Members.
604-E - Twenty-Five Year Retirement Program for Dispatcher Members.
604-E*2 - Twenty-Five Year Retirement Program for EMT Members.
604-F - Twenty-Five Year Retirement Program for Deputy Sheriff Members.
604-G - Twenty-Five Year/age Fifty Retirement Program for Automotive Members.
604-H - Twenty-Five Year Retirement Program for Police Communications Members.
604-I - Age Fifty-Five Retirement Program for New York City Teachers and Certain Other Members.
605-B - Accidental Disability Retirement for New York City Uniformed Sanitation Members.
605-B*2 - Uniformed Court Officers and Peace Officers; Certain Disabilities.
605-C - Accidental Disability Retirement for Deputy Sheriffs Employed by the City of New York.
605-F - Disability Benefits; Certain Disabilities.
606-A - Death Benefit for Vested Members Who Die Prior to Retirement.
606-B - Death Benefit for Deputy Sheriffs Employed by Nassau County.
606-B*2 - Death Benefits for Correction Officers Employed by Nassau County.
606-B*3 - Death Benefits for Correction Officers Employed by Suffolk County.
606-B*4 - Death Benefits for Deputy Sheriffs Employed by Suffolk County.
606-C - Death Benefits for Correction Officers Employed by Westchester County.
606-C*2 - Death Benefits for Fire Marshals Employed by Nassau County.
607 - Accidental Death Benefits.
607-A - Performance of Duty Disability Retirement.
607-B - Performance of Duty Disability Retirement.
607-C - Performance of Duty Disability Benefit.
607-E - Accidental Disability Retirement; Westchester County District Attorney Investigators.
607-H - Disability Benefits; Westchester County District Attorney Investigators.
607-J*3 - Performance of Duty Disability Retirement.
607-K - Certain Impairments of Health; Presumption.
611 - Optional Retirement Program.
613-A - Loans to Members of a Teachers' Retirement System.