N.Y. Comp. Codes R. & Regs. tit. 21 § 5005.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5005.3 - Effective date of service, disability and deferred retirement applications

(a) A retirement application may take effect, as duly requested by the member, on the date the retirement application is filed or on a date following such filing, subject to the following. An application for service or deferred retirement may not take effect more than 90 days after such application was filed with the system. An application for retirement may not take effect until the member has ceased to be paid on the payroll of a participating employer, except as permitted in subdivision (8) of section 511 of the Education Law, and an application for disability pursuant to article 14 of the Retirement and Social Security Law may not take effect until the date on which primary social security benefits commence. A retirement application filed by a teacher for retirement during a calendar year in which the teacher will attain or has attained age 65, however, may take effect on the date requested in the application, provided that, no later than the day preceding such date, the teacher has resigned from the position or positions in which such teacher has been employed and has surrendered any and all rights appurtenant to such position or positions and such teacher shall be deemed and held to have taken such actions unless the teacher rescinds his/her retirement application prior to the date requested.

(b) An application for retirement must be submitted on a form furnished by the system.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5005.3