N.Y. RSS Law § 502

§ 502. Eligibility for service retirement benefits; minimum service\nrequirements. a. A member who first joins a public retirement system of\nthis state on or after June thirtieth, nineteen hundred seventy-six\nshall not be eligible for service retirement benefits hereunder until\nsuch member has rendered a minimum of five years of creditable service\nafter July first, nineteen hundred seventy-three.\n b. A member who previously was a member of a public retirement system\nof this state shall not be eligible for service retirement benefits\nhereunder until such member has rendered a minimum of five years of\nservice which is creditable pursuant to section five hundred thirteen of\nthis article.\n c. An elective member who is not vested in the plan from which he or\nshe transferred shall not be eligible for service retirement or vested\nbenefits hereunder until such member has rendered a minimum period of\nservice equal to the additional service which such member would have\nbeen required to accrue under such former plan in order to obtain a\nvested benefit.\n d. Notwithstanding any other provision of this section, a pensioner\nreceiving a service retirement benefit: (i) who returns to active public\nservice and joins or rejoins a public retirement system on or after July\nfirst, nineteen hundred seventy-six, and (ii) who thereafter separates\nfrom service before becoming eligible for a retirement benefit\nhereunder, shall, upon such separation, be entitled to receive the\nservice retirement benefit which he or she was receiving prior to his or\nher last restoration to membership. Provided, however, if such pensioner\nwas not subject to this article at the time he or she last retired, he\nor she shall, upon separation, be entitled to receive a retirement\nallowance which shall consist of an annuity which is the actuarial\nequivalent of his or her accumulated contributions, if any, and the\npension, including pension-providing-for-increased-take-home-pay, which\nhe or she was receiving prior to his last restoration to membership.\n e. Notwithstanding any other provision of this section, if a member\nattains mandatory retirement age, the minimum service requirements\nspecified in this section shall be five years.\n f. Upon the first day of the month after the attainment of mandatory\nretirement age, a member shall be separated from service whether or not\neligible for service retirement hereunder; provided however, that this\nrequirement shall not preclude a member from being continued in service\nbeyond such mandatory retirement age pursuant to other applicable\nprovisions of law.\n