N.Y.
Military Law Section 245
Retirement allowances of certain war veterans
1.
Any member of a teachers’ retirement system to which the city of New York is required by law to make contributions on account of such member who (i) is an honorably discharged member of any branch of the armed forces of the United States, or(ii)
has a qualifying condition, as defined in section one of the veterans’ services law, and has received a discharge other than bad conduct or dishonorable, or(iii)
is a discharged LGBT veteran, as defined in section one of the veterans’ services law, and has received a discharge other than bad conduct or dishonorable, having served as such during the time of war and who has attained the age of fifty years, may retire upon his or her own request upon written application to the board setting forth at what time not less than thirty days subsequent to the execution and filing thereof he or she desires to be retired, provided that such member at the time so specified for his or her retirement shall have completed at least twenty-five years of allowable service. Upon retirement such member shall receive an annuity of equivalent actuarial value to his or her accumulated deductions, and, in addition, a pension beginning immediately, having a value equal to the present value of the pension that would have become payable had he or she continued at his or her current salary to the age at which he or she would have first become eligible for service retirement, provided, however, that the said member on making application for retirement shall pay into the retirement fund a sum of money which calculated on an actuarial basis, together with his or her prior contributions and other accumulations in said fund then to his or her credit, shall be sufficient to entitle the said member to the same annuity and pension that he or she would have received had he or she remained in the service of the city until he or she had attained the age at which he or she otherwise would have first become eligible for service retirement.2.
Notwithstanding any other provision of this section or of any general, special or local law or code to the contrary, a member of any such teachers’ retirement system who (i) is separated or discharged under honorable conditions from any branch of the armed forces of the United States, or(ii)
has a qualifying condition, as defined in section one of the veterans’ services law, and has received a discharge other than bad conduct or dishonorable, or(iii)
is a discharged LGBT veteran, as defined in section one of the veterans’ services law, and has received a discharge other than bad conduct or dishonorable, having served as such during the time of war and who has attained the age of fifty years, may retire upon his or her own request upon written application to the board setting forth at what time, not less than thirty days subsequent to the execution and filing thereof, he or she desires to be retired, provided that such member at that time so specified for his or her retirement shall have completed at least twenty-five years of allowable service. Upon reaching his or her previously selected minimum retirement age, such member shall receive an annuity of equivalent actuarial value, at that time, to his or her accumulated deductions, and, in addition, a pension based upon his or her credited years of allowable service, plus the pension-for-increased-take-home-pay, if any. Should such member die before reaching his or her retirement age, then any beneficiary under a selected option shall be eligible for benefits under such option at the date upon which the member would have reached his or her selected retirement age.
Source:
Section 245 — Retirement allowances of certain war veterans, https://www.nysenate.gov/legislation/laws/MIL/245 (updated Apr. 7, 2023; accessed Apr. 20, 2024).
