N.Y. Retirement & Social Security Law Section 370
Superannuation retirement


Any member may retire if he or she shall have attained at least the minimum retirement age while in service as a member, or while in federal service, or in the service of the United Nations or other international organizations of which the United States is a member, as a member continued pursuant to paragraph one of subdivision f of § 340 (Membership of the police and fire retirement system)section three hundred forty of this article or while entitled to make application for a vested retirement allowance pursuant to § 376 (Vested retirement allowance)section three hundred seventy-six of this title. Any such member desiring to retire shall execute and file with the comptroller an application for retirement, which shall specify the effective date of his or her retirement, which shall be not less than fifteen nor more than ninety days subsequent to such date of filing. An application for service retirement, filed hereunder in accordance with the provisions of subdivision c of section sixty-two or subdivision f of section sixty-three of this chapter, shall be processed in the regular manner, provided that if the application filed simultaneously therewith under either of such subdivisions is granted, then and in that event the retirement allowance granted in accordance with the provisions of this section shall be appropriately adjusted. Notwithstanding any other provision of law, any member who is eligible to retire and who has died while in active service, and who has filed an application for service retirement less than thirty days prior to death, shall be deemed to have retired and the member’s designated beneficiary shall have the option to choose the benefit provided by service retirement rather than the death benefit, provided, however that if the designated beneficiary elects the service retirement benefit such person shall be required to choose an option under § 390 (Options)section three hundred ninety of this article.


Any member who attains age seventy shall be retired on the first day of the calendar month next succeeding such event. Such retirement shall be on the basis of “Option One-half”, unless the member files an effective election pursuant to § 390 (Options)section three hundred ninety of this article to retire on a different basis. If he shall have filed such an election, his retirement allowance shall be computed in accordance with the basis so selected by him. The provisions of this subdivision with respect to mandatory retirement shall be inapplicable to a member of this system who is an employee of the port of New York authority who was a member of the state employees’ retirement system prior to April first, nineteen hundred sixty-seven.


Notwithstanding the provision of subdivision b of this section, the state civil service commission may approve the continuance in service of members who have attained age seventy. Such approvals shall be for periods not to exceed two years each. No such approval shall be given unless:


The head of the department in which the member is employed shall file a written statement with the comptroller approving such continuance, and


The medical board shall certify that such member is physically fit to perform the duties of his position, and


The state civil service commission shall find that:


Such member is less than seventy-eight years of age, and


His continuance in service would be advantageous because of his expert knowledge and special qualifications. The service of any such member may, however, be terminated at any time by the head of the department in which he is employed, upon sixty days written notice of such member.

Source: Section 370 — Superannuation retirement, https://www.­nysenate.­gov/legislation/laws/RSS/370 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 370’s source at nysenate​.gov

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