§ 604-d. Age fifty-seven retirement program for certain New York city\nmembers. a. The terms "NYCERS", "BERS", "administrative code", "BERS\nrules and regulations", "New York city eligible position", "New York\ncity eligible member", "physically taxing position", "participating\nretirement system" and "education service", as used in this section,\nshall have the meanings set forth in paragraphs one, two, three, four,\nfive, six, eleven, twelve and thirteen, respectively, of subdivision a\nof section six hundred four-c of this article unless a different meaning\nis plainly required by the context.\n b. The following terms as used in this section shall have the\nfollowing meanings unless a different meaning is plainly required by the\ncontext.\n 1. "Age fifty-seven retirement program" shall mean all the terms and\nconditions of this section.\n 2. "Enactment date of the age fifty-seven retirement program" shall\nmean the date this section takes effect.\n 3. "Participant in the age fifty-seven retirement program" shall mean\nany New York city eligible member who, under the applicable provisions\nof subdivision c of this section, is entitled to the rights, benefits\nand privileges and is subject to the obligations of the age fifty-seven\nretirement program, as applicable to him or her.\n c. Participation in age fifty-seven retirement program. 1. Subject to\nthe provisions of paragraphs five and six of this subdivision, any\nperson (i) other than a person who is deemed pursuant to paragraph six\nof subdivision b of section six hundred four-c of this article to be\nemployed for the purposes of paragraph one or two of subdivision b of\nsuch section six hundred four-c in a New York city eligible position on\nthe enactment date of the twenty-five-year early retirement program, or\nother than a person who, on such enactment date, is a discontinued\nmember not in active service who is entitled to a deferred vested\nbenefit at normal retirement age, (ii) who becomes a New York city\neligible member in active service after the enactment date of the age\nfifty-seven retirement program and (iii) who, as such an eligible member\nor otherwise, last became subject to the provisions of this article\nprior to such enactment date, may elect to become a participant in the\nage fifty-seven retirement program by filing, within ninety days after\nbecoming a New York city eligible member in active service, a duly\nexecuted application for such participation with the retirement system\nof which such person is a member, provided that he or she is a New York\ncity eligible member in active service on the date such application is\nfiled.\n 2. Any election to be a participant in the age fifty-seven retirement\nprogram shall be irrevocable.\n 3. Each person (i) other than a person who is deemed pursuant to\nparagraph six of subdivision b of section six hundred four-c of this\narticle to be employed for the purposes of paragraph one or two of\nsubdivision b of such section six hundred four-c in a New York city\neligible position on the enactment date of the twenty-five-year early\nretirement program, or other than a person who, on such enactment date,\nis a discontinued member not in active service who is entitled to a\ndeferred vested benefit at normal retirement age, (ii) who becomes a New\nYork city eligible member in active service after the enactment date of\nthe age fifty-seven retirement program and (iii) who, as such an\neligible member or otherwise, becomes subject to the provisions of this\narticle after the enactment date of the age fifty-seven retirement\nprogram shall become a participant in the age fifty-seven retirement\nprogram on the date he or she becomes a New York city eligible member in\nactive service.\n 3-a. Notwithstanding any other provision of this subdivision or any\nother provision of law to the contrary, no member who becomes subject to\nthe provisions of this article on or after the effective date of this\nparagraph shall
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.