N.Y. Retire. & Soc. Sec. Law § 445

§ 445. Service retirement benefit. a. No member of a retirement system\nwho is subject to the provisions of this article shall retire without\nregard to age, exclusive of retirement for disability, unless he is a\npoliceman, an investigator member of the New York city employees'\nretirement system, fireman, correction officer, a qualifying member as\ndefined in section eighty-nine-t, as added by chapter six hundred\nfifty-seven of the laws of nineteen hundred ninety-eight, of this\nchapter, sanitation man, a special officer (including persons employed\nby the city of New York in the title urban park ranger or associate\nurban park ranger), school safety agent, campus peace officer or a taxi\nand limousine commission inspector member of the New York city\nemployees' retirement system or the New York city board of education\nretirement system, a dispatcher member of the New York city employees'\nretirement system, a police communications member of the New York city\nemployees' retirement system, an EMT member of the New York city\nemployees' retirement system, a deputy sheriff member of the New York\ncity employees' retirement system, a correction officer of the\nWestchester county correction department as defined in section\neighty-nine-e of this chapter or employed in Suffolk county as a peace\nofficer, as defined in section eighty-nine-s, as added by chapter five\nhundred eighty-eight of the laws of nineteen hundred ninety-seven, of\nthis chapter, employed in Suffolk county as a correction officer, as\ndefined in section eighty-nine-f of this chapter, or employed in Nassau\ncounty as a correction officer, uniformed correction division personnel,\nsheriff, undersheriff or deputy sheriff, as defined in section\neighty-nine-g of this chapter, or employed in Nassau county as an\nambulance medical technician, an ambulance medical technician/supervisor\nor a member who performs ambulance medical technician related services,\nas defined in section eighty-nine-s, as amended by chapter five hundred\nseventy-eight of the laws of nineteen hundred ninety-eight, of this\nchapter, or employed in Nassau county as a peace officer, as defined in\nsection eighty-nine-s, as added by chapter five hundred ninety-five of\nthe laws of nineteen hundred ninety-seven, of this chapter, or employed\nin Albany county as a sheriff, undersheriff, deputy sheriff, correction\nofficer or identification officer, as defined in section eighty-nine-h\nof this chapter or is employed in St. Lawrence county as a sheriff,\nundersheriff, deputy sheriff or correction officer, as defined in\nsection eighty-nine-i of this chapter or is employed in Orleans county\nas a sheriff, undersheriff, deputy sheriff or correction officer, as\ndefined in section eighty-nine-l of this chapter or is employed in\nJefferson county as a sheriff, undersheriff, deputy sheriff or\ncorrection officer, as defined in section eighty-nine-j of this chapter\nor is employed in Onondaga county as a deputy sheriff-jail division\ncompetitively appointed or as a correction officer, as defined in\nsection eighty-nine-k of this chapter or is employed in a county which\nmakes an election under subdivision j of section eighty-nine-p of this\nchapter as a sheriff, undersheriff, deputy sheriff or correction officer\nas defined in such section eighty-nine-p or is employed in Broome County\nas a sheriff, undersheriff, deputy sheriff or correction officer, as\ndefined in section eighty-nine-m of this chapter or is a Monroe county\ndeputy sheriff-court security, or deputy sheriff-jailor as defined in\nsection eighty-nine-n, as added by chapter five hundred ninety-seven of\nthe laws of nineteen hundred ninety-one, of this chapter or is employed\nin Greene county as a sheriff, undersheriff, deputy sheriff or\ncorrection officer, as defined in section eighty-nine-o of this chapter\nor is a traffic officer with the town of Elmira as defined in section\neighty-nine-q of this chapter or is employed by Suffolk county as a park\npolice officer, as defined in section eighty-nine-r of this chapter or\nis a peace officer employed by a county probation department as defined\nin section eighty-nine-t, as added by chapter six hundred three of the\nlaws of nineteen hundred ninety-eight, of this chapter or is employed in\nRockland county as a deputy sheriff-civil as defined in section\neighty-nine-v of this chapter as added by chapter four hundred forty-one\nof the laws of two thousand one, or is employed in Rockland county as a\nsuperior correction officer as defined in section eighty-nine-v of this\nchapter as added by chapter five hundred fifty-six of the laws of two\nthousand one or is a paramedic employed by the police department in the\ntown of Tonawanda and retires under the provisions of section\neighty-nine-v of this chapter, as added by chapter four hundred\nseventy-two of the laws of two thousand one, or is a county fire\nmarshal, supervising fire marshal, fire marshal, assistant fire marshal,\nassistant chief fire marshal or chief fire marshal employed by the\ncounty of Nassau as defined in section eighty-nine-w of this chapter and\nis in a plan which permits immediate retirement upon completion of a\nspecified period of service without regard to age. Except as provided in\nsubdivision c of section four hundred forty-five-a of this article,\nsubdivision c of section four hundred forty-five-b of this article,\nsubdivision c of section four hundred forty-five-c of this article,\nsubdivision c of section four hundred forty-five-d of this article,\nsubdivision c of section four hundred forty-five-e of this article,\nsubdivision c of section four hundred forty-five-f of this article and\nsubdivision c of section four hundred forty-five-h of this article, a\nmember in such a plan and such an occupation, other than a policeman or\ninvestigator member of the New York city employees' retirement system or\na fireman, shall not be permitted to retire prior to the completion of\ntwenty-five years of credited service; provided, however, if such a\nmember in such an occupation is in a plan which permits retirement upon\ncompletion of twenty years of service regardless of age, he may retire\nupon completion of twenty years of credited service and prior to the\ncompletion of twenty-five years of service, but in such event the\nbenefit provided from funds other than those based on such a member's\nown contributions shall not exceed two per centum of final average\nsalary per each year of credited service.\n b. No member in a retirement plan which, prior to the effective date\nof this article, permitted all members to retire upon the attainment of\nage fifty and completion of twenty years of service shall be permitted\nto retire without benefit reduction prior to the attainment of age\nfifty-five and completion of twenty-five years of service. In the event\nthat such a member retires prior to the attainment of age fifty-five or\ncompletion of twenty-five years of service, the benefit provided from\nfunds other than those based on such a member's own contributions shall\nnot exceed two percentum of final average salary per each year of\ncredited service.\n c. A person who is a member of an optional twenty year retirement plan\nfor police officers and firefighters in jurisdictions which have elected\nto provide such plan and such jurisdiction further elects to permit\nretirement at age fifty-five without reduction may then elect to join\nunder section three hundred seventy-five-i or three hundred\nseventy-five-j of this chapter, if either plan is provided by the\nemployer, and may retire without reduction of his or her retirement\nbenefit upon attaining the age of fifty-five.\n