N.Y. Retirement & Social Security Law Section 603
Eligibility for service retirement benefits

  • age and service requirements

* a. The service retirement benefit specified in § 604 (Service retirement benefits)section six hundred four of this article shall be payable to members who have met the minimum service requirements upon retirement and attainment of age sixty-two, other than members who are eligible for early service retirement pursuant to subdivision c of § 604-B (Twenty-five-year and age fifty-five retirement program for New York city transit authority members)section six hundred four-b of this article, subdivision c of § 604-C (Supplemental retirement allowance)section six hundred four-c of this article, subdivision d of § 604-D (Age fifty-seven retirement program for certain New York city members)section six hundred four-d of this article, subdivision c of § 604-E (Twenty-five year retirement program for dispatcher members)section six hundred four-e of this article, subdivision c of § 604-F (Twenty-five year retirement program for deputy sheriff members)section six hundred four-f of this article, subdivision c of § 604-G (Twenty-five year/age fifty retirement program for automotive members)section six hundred four-g of this article, subdivision c of § 604-H (Twenty-five year retirement program for police communications members)section six hundred four-h of this article or subdivision c of § 604-I (Age fifty-five retirement program for New York city teachers and certain other members)section six hundred four-i of this article, provided, however, a member of a teachers’ retirement system or the New York state and local employees’ retirement system who first joins such system before January first, two thousand ten or a member who is a uniformed court officer or peace officer employed by the unified court system who first becomes a member of the New York state and local employees’ retirement system before April first, two thousand twelve may retire without reduction of his or her retirement benefit upon attainment of at least fifty-five years of age and completion of thirty or more years of service, provided, however, that a uniformed court officer or peace officer employed by the unified court system who first becomes a member of the New York state and local employees’ retirement system on or after January first, two thousand ten and retires without reduction of his or her retirement benefit upon attainment of at least fifty-five years of age and completion of thirty or more years of service pursuant to this section shall be required to make the member contributions required by subdivision f of section six hundred thirteen of this article for all years of credited and creditable service, provided further that the the preceding provisions of this subdivision shall not apply to a New York city revised plan member. * NB Effective until ch. 682/2003 expires * a. The service retirement benefit specified in § 604 (Service retirement benefits)section six hundred four of this article shall be payable to members who have met the minimum service requirements upon retirement and attainment of age sixty-two, other than members who are eligible for early service retirement pursuant to subdivision c of § 604-B (Twenty-five-year and age fifty-five retirement program for New York city transit authority members)section six hundred four-b of this article, subdivision c of § 604-C (Supplemental retirement allowance)section six hundred four-c of this article, subdivision d of § 604-D (Age fifty-seven retirement program for certain New York city members)section six hundred four-d of this article, subdivision c of § 604-E (Twenty-five year retirement program for dispatcher members)section six hundred four-e of this article, subdivision c of § 604-F (Twenty-five year retirement program for deputy sheriff members)section six hundred four-f of this article, subdivision c of § 604-G (Twenty-five year/age fifty retirement program for automotive members)section six hundred four-g of this article, subdivision c of § 604-H (Twenty-five year retirement program for police communications members)section six hundred four-h of this article or subdivision c of § 604-I (Age fifty-five retirement program for New York city teachers and certain other members)section six hundred four-i of this article provided, however, a member who is a peace officer employed by the unified court system or a member of a teachers’ retirement system or the New York state and local employees’ retirement system may retire without reduction of his or her retirement benefit upon attainment of at least fifty-five years of age and completion of thirty or more years of service. * NB Effective when ch. 682/2003 expires a-1. For members who first become a member of a public retirement system of the state on or after April first, two thousand twelve, the service retirement benefit specified in § 604 (Service retirement benefits)section six hundred four of this article shall be payable to members who have met the minimum service requirements upon retirement and have attained age sixty-three. * b. The service retirement benefit specified in § 604 (Service retirement benefits)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 correction officers of the Westchester county correction department as defined in § 89-E (Retirement of correction officers of the Westchester county correction department)section eighty-nine-e 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 14 (Coordinated-escalator Retirement Plan)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. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-e and six hundred one of this chapter. * NB There are 2 sb b’s * b. Notwithstanding the provisions of subdivision a of this section, a member of the New York city employees’ retirement system, who is employed in the uniformed force of the New York city department of sanitation, and who is not eligible for early service retirement pursuant to subdivision c of § 604-A (Twenty-year retirement program for New York city sanitation members)section six hundred four-a of this article, shall be eligible to receive the service retirement benefit specified in § 604 (Service retirement benefits)section six hundred four of this article upon attainment of at least fifty-five years of age and the completion of thirty or more years of service. * NB There are 2 sb b’s c. The service retirement benefit specified in § 604 (Service retirement benefits)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 in Suffolk county as a correction officer as defined in § 89-F (Retirement of county correction officers in Suffolk county)section eighty-nine-f 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 14 (Coordinated-escalator Retirement Plan)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 eighty-nine or within one year after entering into employment with Suffolk county as a corrections officer, as defined in § 89-F (Retirement of county correction officers in Suffolk county)section eighty-nine-f of this chapter, 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-f and six hundred one of this chapter.

d.

The service retirement benefit specified in § 604 (Service retirement benefits)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 Nassau county as a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in § 89-G (Retirement of county correction officers, uniformed correction division personnel, sheriffs, deputy sheriffs and undersheriffs in Nassau ...)section eighty-nine-g 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 14 (Coordinated-escalator Retirement Plan)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, nineteen hundred ninety-two. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-g and six hundred one of this chapter.

e.

The service retirement benefit specified in § 604 (Service retirement benefits)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 Albany county as a sheriff, undersheriff, deputy sheriff, correction officer or identification officer as defined in § 89-H (Retirement of sheriffs, undersheriffs, deputy sheriffs, correction officers and identification officers in Albany county)section eighty-nine-h 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 14 (Coordinated-escalator Retirement Plan)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 four. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-h and six hundred one of this chapter.

f.

The service retirement benefit specified in § 604 (Service retirement benefits)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 St. Lawrence county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-I (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St)section eighty-nine-i 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 14 (Coordinated-escalator Retirement Plan)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. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-i and six hundred one of this chapter. * g. The service retirement benefit specified in § 604 (Service retirement benefits)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 Orleans county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-L (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Orleans county)section eighty-nine-l 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 14 (Coordinated-escalator Retirement Plan)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-one, or within one year after entering into employment with Orleans county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-L (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Orleans county)section eighty-nine-l of this chapter. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-l and six hundred one of this chapter. * NB There are 2 sb g’s * g. The service retirement benefit specified in § 604 (Service retirement benefits)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 Onondaga county as a deputy sheriff-jail division competitively appointed or as a correction officer as defined in § 89-K (Retirement of deputy sheriffs and correction officers in Onondaga county)section eighty-nine-k 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 14 (Coordinated-escalator Retirement Plan)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-one, or within one year after entering into employment with Onondaga county as a deputy sheriff-jail division competitively appointed or as a correction officer as defined in § 89-K (Retirement of deputy sheriffs and correction officers in Onondaga county)section eighty-nine-k of this chapter. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-k and six hundred one of this chapter. * NB There are 2 sb g’s * h. The service retirement benefit specified in § 604 (Service retirement benefits)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 Jefferson county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-J (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Jefferson county)section eighty-nine-j 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 14 (Coordinated-escalator Retirement Plan)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-two, or within one year after entering into employment with Jefferson county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89 (Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community su...)section eighty-nine of this chapter. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-j and six hundred one of this chapter. * NB There are 2 sb h’s * h.

1.

The service retirement benefit specified in § 604 (Service retirement benefits)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 engaged directly in criminal law enforcement activities and who are employed in the office of the district attorney of Westchester county as a chief criminal investigator, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator or criminal investigator/arson 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 14 (Coordinated-escalator Retirement Plan)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 article fourteen of this chapter. 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-one, or within one year after entering employment in the office of the district attorney of Westchester county in one of the titles aforementioned in this subdivision. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections six hundred one and eighty-nine-d of this chapter and such term shall, subject to the conditions in such sections six hundred one and eighty-nine-d, also include service as a chief criminal investigator or a deputy chief criminal investigator.

2.

Notwithstanding the provisions of paragraph one of this subdivision, if the county of Westchester elects to provide the retirement benefit pursuant to this paragraph by adopting a resolution to such effect and filing a certified copy thereof with the comptroller, the service retirement benefit specified in § 604 (Service retirement benefits)section six hundred four of this article shall be payable to 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 Westchester county as a chief criminal investigator, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator or criminal investigator/arson 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 14 (Coordinated-escalator Retirement Plan)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 article fourteen of this chapter. 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 two, or within three years after entering employment in the office of the district attorney of Westchester county in one of the titles aforementioned in this paragraph. * NB There are 2 sb h’s * i. The service retirement benefit specified in § 604 (Service retirement benefits)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 Broome county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-M (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Broome county)section eighty-nine-m 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 14 (Coordinated-escalator Retirement Plan)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-one or within one year after entering into employment with Broome county as a sheriff, undersheriff, deputy sheriff or correction officer. For the purposes of this subdivision, the term “creditable service” shall have the meaning as so defined in both sections eighty-nine-m and six hundred one of this chapter. * NB There are 2 sb i’s * i.

1.

A member of a teachers’ retirement system or the New York state and local employees’ retirement system who has met the minimum service requirements but who has less than thirty years of credited service or a member who first joins 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 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 New York city teachers’ retirement system who is otherwise eligible for early service retirement pursuant to subdivision c of § 604-I (Age fifty-five retirement program for New York city teachers and certain other members)section six hundred four-i of this article, the amount of his or her retirement benefit otherwise 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; 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 § 604-C (Supplemental retirement allowance)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 § 604-D (Age fifty-seven retirement program for certain New York city members)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 § 604-B (Twenty-five-year and age fifty-five retirement program for New York city transit authority members)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 § 604-I (Age fifty-five retirement program for New York city teachers and certain other members)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 § 604-B (Twenty-five-year and age fifty-five retirement program for New York city transit authority members)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 14 (Coordinated-escalator Retirement Plan)article fourteen of this chapter who is entitled to receive benefits pursuant to § 604 (Service retirement benefits)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 § 604 (Service retirement benefits)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 § 89-N (Computation of twenty-five years of service)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-O (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Greene county)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-P (Optional twenty-five year retirement plan for certain sheriffs, undersheriffs, deputy sheriffs and correction officers whose employer ele...)section eighty-nine-p of this chapter as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-P (Optional twenty-five year retirement plan for certain sheriffs, undersheriffs, deputy sheriffs and correction officers whose employer ele...)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-Q (Retirement of traffic officers with the town of Elmira)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-R (Retirement of county park police officers in Suffolk county)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-S (Retirement of members who serve as peace officers in the Suffolk county probation department)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-S (Retirement of members who serve as peace officers in the Suffolk county probation department)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-S (Retirement of members who serve as peace officers in the Suffolk county probation department)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-T (Optional twenty-five year retirement plan for county probation officers)section eighty-nine-t of this chapter as a peace officer as defined in § 89-T (Optional twenty-five year retirement plan for county probation officers)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)section six hundred four of this article shall be payable without regard to age to qualifying members, as defined in subdivision a of § 89-T (Optional twenty-five year retirement plan for county probation officers)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 § 70 (Superannuation retirement)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 § 604 (Service retirement benefits)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-V (Retirement of deputy sheriffs-civil in Rockland county)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-V (Retirement of deputy sheriffs-civil in Rockland county)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 14 (Coordinated-escalator Retirement Plan)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 § 601 (Definitions)section six hundred one of this chapter. * NB There are 3 sb r’s * r. The service retirement benefit specified in § 604 (Service retirement benefits)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 § 89-V (Retirement of deputy sheriffs-civil in Rockland county)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 14 (Coordinated-escalator Retirement Plan)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 § 604 (Service retirement benefits)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 § 89-W (Optional twenty-five year retirement plan for county fire marshals in the county of Nassau)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 14 (Coordinated-escalator Retirement Plan)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 § 613 (Member contributions)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 § 604 (Service retirement benefits)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 § 89-X (Retirement of deputy sheriffs-civil in Monroe county)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 14 (Coordinated-escalator Retirement Plan)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.

v.

The service retirement benefit specified in § 604 (Service retirement benefits)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 by a participating fire district that makes the election provided for in subdivision j of § 89-SS (Retirement of members employed as an emergency medical technician, critical care technician, advanced emergency medical technician, param...)section eighty-nine-ss of this chapter as an emergency medical technician, critical care technician, advanced emergency medical technician, paramedic or supervisor of such titles in a participating Suffolk county fire district as defined in § 89-SS (Retirement of members employed as an emergency medical technician, critical care technician, advanced emergency medical technician, param...)section eighty-nine-ss 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 14 (Coordinated-escalator Retirement Plan)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 the participating Suffolk county fire district 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-ss and six hundred one of this chapter.

Source: Section 603 — Eligibility for service retirement benefits; age and service requirements, https://www.­nysenate.­gov/legislation/laws/RSS/603 (updated Dec. 15, 2023; accessed Mar. 23, 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/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–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
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:
Mar. 23, 2024

Last modified:
Dec. 15, 2023

§ 603’s source at nysenate​.gov

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