N.Y. Retire. & Soc. Sec. Law § 70

§ 70. Superannuation retirement. a. Any member may retire if he or she\nshall have attained at least the minimum retirement age while in service\nas a member, or while in federal service, or in the service of the\nUnited Nations or other international organizations of which the United\nStates is a member, as a member continued pursuant to paragraph one of\nsubdivision f of section forty of this article, or while entitled to\nmake application for a vested retirement allowance pursuant to section\nseventy-six of this title. Any such member desiring to retire shall\nexecute and file with the comptroller an application for retirement,\nwhich shall specify the effective date of his or her retirement, which\nshall be not less than fifteen nor more than ninety days subsequent to\nsuch date of filing. An application for service retirement, filed\nhereunder in accordance with the provisions of subdivision c of section\nsixty-two or subdivision f of section sixty-three of this article, shall\nbe processed in the regular manner, provided that if the application\nfiled simultaneously therewith under either of such subdivisions is\ngranted, then and in that event the retirement allowance granted in\naccordance with the provisions of this section shall be appropriately\nadjusted.\n b. Any member who attains age seventy shall be retired on the first\nday of the calendar month next succeeding such event. Such retirement\nshall be on the basis of "Option One-half", unless the member files an\neffective election pursuant to section ninety of this article to retire\non a different basis. If he shall have filed such an election, his\nretirement allowance shall be computed in accordance with the basis so\nselected by him. The provisions of this subdivision with respect to\nmandatory retirement shall be inapplicable to:\n 1. An elective officer.\n 2. A judge.\n 3. A justice.\n 4. An official referee.\n 5. A person holding office by virtue of an appointment to fill a\nvacancy in an elective office.\n 6. An employee of the port of New York authority.\n 7. A person who last became a member before April eleventh, nineteen\nhundred forty-five, and who serves continuously after such date in one\nor more of the following capacities:\n (a) A clerk of a court, as provided in the constitution, article six,\nsection twenty-one.\n (b) An appointee of the governor.\n (c) An employee of the legislature drawing an annual salary, or\n (d) A chaplain of a county penal institution having served as such\nchaplain for not less than thirty years, or\n 8. A commissioner of elections.\n c. Notwithstanding the provisions of subdivision b of this section,\nthe state civil service commission may approve the continuance in\nservice of members who have attained age seventy. Such approvals shall\nbe for periods not to exceed two years each. No such approval shall be\ngiven unless:\n 1. The head of the department in which the member is employed shall\nfile a written statement with the comptroller approving such\ncontinuance, and\n 2. The medical board shall certify that such member is physically fit\nto perform the duties of his position, and\n 3. The state civil service commission shall find that:\n (a) Such member is less than seventy-eight years of age, and\n (b) His continuance in service would be advantageous because of his\nexpert knowledge and special qualifications.\nThe service of any such member may, however, be terminated at any time\nby the head of the department in which he is employed, upon sixty days\nwritten notice to such member.\n