New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 338 - Termination Of Membership In New York State Employees' Retirement System Pursuant To Articles 14 And 15 Of The Retirement And Social Security Law
Section 338.2 - Termination of membership
Universal Citation: 2 NY Comp Codes Rules and Regs ยง 338.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The membership of those members who join or rejoin the retirement system on or after July 1, 1976 shall cease upon the occurrence of any one of the following conditions:
(1) when a member shall
die;
(2) when a member shall
retire; or
(3) when a member shall
have withdrawn his or her accumulated contributions.
(b) In the case of members who are eligible to receive a refund of contributions prior to attaining age 62 and who are not eligible for vested benefits, membership shall terminate when seven years have elapsed since a member last engaged in public service.
(c) In the case of members who are not yet eligible to receive a refund of contributions prior to attaining age 62, membership shall terminate on the later of the two following dates:
(1) when a member attains age 62;
or
(2) when seven years have
elapsed since a member last engaged in public service.
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