New York Education - Article 11 - § 539 Certain Actions by Retiring Members
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New York Laws > New York Education (EDN) > New York Education - Article 11 - § 539 Certain Actions by Retiring Members
§ 539. Certain actions by retiring members. 1. Notwithstanding any law
to the contrary, this section shall apply to any member of the system
who is otherwise eligible to retire pursuant to the provisions of this
article or pursuant to article fourteen or fifteen of the retirement and
social security law.
2. Subject to the limitations in subdivisions three and four of this
section, a member shall be retired for service or with a deferred
retirement allowance, as requested by the member, upon or on a date
after the filing of a retirement application with the retirement system.
3. A member shall not file for service retirement or for a deferred
retirement allowance any earlier than ninety days prior to the date on
which the member desires to be retired.
4. A member shall not be retired under any provision of law until the
member has ceased to be paid on the payroll of an employer participating
in the retirement system. In the case of a member who has the right to
retire for disability under article fourteen of the retirement and
social security law, disability retirement shall not commence any
earlier than the date on which primary social security disability
5. A member may retroactively withdraw his or her retirement for
service or with a deferred retirement allowance by filing a revocation
of retirement no later than fourteen days following the date upon which
the member was retired. The retirement system shall have no obligation
to make any payment on account of any service retirement or deferred
retirement allowance during said period.
6. An option selection duly filed by the member with the retirement
system shall become effective upon retirement. Notwithstanding the
foregoing, a member who has been retired for service or with a deferred
retirement allowance may file an option selection or change or
withdrawal of an option selection previously filed no later than thirty
days following the date on which the member has retired; a member who
has been retired for disability may file an option selection or a change
or withdrawal of an option selection previously filed no later than (i)
thirty days following the date on which such member's application for
disability retirement was approved by the retirement board or (ii)
thirty days following the date on which the member was retired for
disability, whichever is later.
7. A member subject to the provisions of this article who has
accumulated contributions credited to the member's individual account in
the annuity savings fund may elect to withdraw such contributions
pursuant to subdivision six of section five hundred sixteen of this
article within the period provided in subdivision six of this section
for the selection, change or withdrawal of an option selection.
Section: 525 526 527 528 529 530 531 532 532-A 533 535 536 537 538 539
Last modified: February 15, 2012