N.Y. Retirement & Social Security Law Section 113-A
Suspension of state and local provisions requiring termination of service or retirement on account of age

In the case of persons who have not attained eligibility for the payment of benefits under the federal old-age and survivors insurance law, the provisions of any general, special or local law, city or village charter, ordinance, resolution, rule or regulation relating to employment by the state or a municipality or to membership in any public pension or retirement system maintained by any of them which require or authorize the termination of service or retirement of any public employee or member of any such system, without his application or consent, on account of his attaining age of compulsory retirement, are hereby suspended so that terminations of service or retirements thereunder may not be required to become effective until such eligibility for the payment of benefits under the federal old-age and survivors insurance law has been attained or before June thirtieth, nineteen hundred fifty-nine or, in the case of members of the New York city teachers’ retirement system, before August thirty-first, nineteen hundred fifty-nine, whichever shall first occur. This section shall not apply to any officer appointed for a fixed term or serving at the pleasure of an appointing officer or body provided however, that the appointing officer or body, for the purposes of and within the limitations of this section, shall have power to extend the service of any such officer for any period ending not later than June thirtieth, nineteen hundred fifty-nine, which extension shall be at the pleasure of the officer or body having the power of appointment. This section shall not apply to any person serving in an elective office nor to officers or employees of instrumentalities jointly created by this state and any other state or states.

Source: Section 113-A — Suspension of state and local provisions requiring termination of service or retirement on account of age, https://www.­nysenate.­gov/legislation/laws/RSS/113-A (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 113-A’s source at nysenate​.gov

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