N.Y. Retirement & Social Security Law Section 602
Eligibility for service retirement benefits

  • minimum service requirements

a.

Except as provided in subdivision b-1 of this section, a member who first joins a public retirement system of this state on or after July first, nineteen hundred seventy-six shall not be eligible for service retirement benefits hereunder until such member has rendered a minimum of five years of credited service.

b.

Except as provided in subdivision b-1 of this section, 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 credited pursuant to § 609 (Credit for service)section six hundred nine of this article. b-1.

(1)

Notwithstanding the provisions of subdivision a or b of this section or any other provision of law to the contrary, (i) a member of the New York city teachers’ retirement system who holds a position represented by the recognized teacher organization for collective bargaining purposes, and who became subject to the provisions of this article after the effective date of this subdivision, or

(ii)

a member of the New York city board of education retirement system who holds a position represented by the recognized teacher organization for collective bargaining purposes, and who became subject to the provisions of this article after the effective date of this subdivision, shall not be eligible for service retirement benefits hereunder until such member has rendered a minimum of five years of credited service.

(2)

Notwithstanding the provisions of subdivision a or b of this section or any other provision of law to the contrary, a member who first joins a public retirement system of the state on or after April first, two thousand twelve shall not be eligible for service retirement benefits hereunder until such member has rendered a minimum of five years of credited service.

c.

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.

d.

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 and provided further, however, that this requirement shall not preclude a school district from permitting a teacher to continue in service to the end of the school year should a teacher attain age seventy within the period September first through June thirtieth of such school year.

Source: Section 602 — Eligibility for service retirement benefits; minimum service requirements, https://www.­nysenate.­gov/legislation/laws/RSS/602 (updated Apr. 22, 2022; accessed Jul. 20, 2024).

600
Application
601
Definitions
602
Eligibility for service retirement benefits
603
Eligibility for service retirement benefits
604
Service retirement benefits
604‑A
Twenty-year retirement program for New York city sanitation members
604‑B
Twenty-five-year and age fifty-five retirement program for New York city transit authority 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 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‑F*2
Twenty-five year retirement program for special officer, parking control specialist, school safety agent, campus peace officer or New Yor...
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
604‑J
Twenty-five year retirement program for fire protection inspector members
605
Disability retirement
605‑A
Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system
605‑B
Accidental disability retirement for New York city uniformed sanitation members
605‑B*2
Uniformed court officers and peace officers
605‑C
Accidental disability retirement for deputy sheriffs employed by the city of New York
605‑D
Accidental disability retirement for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire m...
605‑E
Accidental disability retirement for ambulance medical technician supervisors, ambulance medical technician coordinators, ambulance medic...
605‑F
Disability benefits
605‑G
Accidental disability retirement for deputy sheriffs in Nassau county
605‑G*2
Accidental disability retirement for deputy sheriffs in Suffolk county
606
Death benefits
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‑D
Disability benefits
607‑E
Accidental disability retirement
607‑F
Payment of both pensions for accident and other benefits prohibited
607‑G
Retirement for disability benefits incurred in the performance of duty
607‑H
Disability benefits
607‑I
COVID-19 benefit
607‑J
Performance of duty, disability retirement for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, su...
607‑J*2
Performance of duty disability retirement benefits for certain first responders in Nassau county
607‑J*3
Performance of duty disability retirement
607‑K
Certain impairments of health
607‑L
Performance of duty disability retirement
608
Final average salary
609
Credit for service
610
Options
611
Optional retirement program
612
Vesting
613
Member contributions
613‑A
Loans to members of a teachers’ retirement system
613‑B
Loans to members of certain retirement systems
614
Effect of other laws
615
Duration
616
Transfer of membership
617
Recalculation of benefits

Accessed:
Jul. 20, 2024

Last modified:
Apr. 22, 2022

§ 602’s source at nysenate​.gov

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