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A09291 Summary:

BILL NOA09291
 
SAME ASNo Same As
 
SPONSORColton
 
COSPNSR
 
MLTSPNSR
 
Amd §§15-121 & 13-145.1, NYC Ad Cd
 
Increases the mandatory retirement age of members of the uniformed force of the fire department of the city of New York from sixty-five to sixty-seven.
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A09291 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9291
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 10, 2025
                                       ___________
 
        Introduced by M. of A. COLTON -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to increasing the mandatory retirement age of members of  the
          uniformed  force  of  the fire department of the city of New York from
          sixty-five to sixty-seven

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  15-121 of the administrative code of the city of
     2  New York is amended to read as follows:
     3    § 15-121 Termination of service of members of uniformed force  because
     4  of  superannuation.  a. Except as otherwise provided in subdivision c of
     5  this section no member of the uniformed force of the  department  except
     6  medical  officers,  who  is or hereafter attains the age of [sixty-five]
     7  sixty-seven years shall continue to serve as a member of such force  but
     8  shall  be  retired  and  placed  on the pension rolls of the department,
     9  provided however, that any member who is not eligible for retirement  at
    10  age  [sixty-five]  sixty-seven, shall continue to serve as a member only
    11  until such time as such member becomes eligible for such pension retire-
    12  ment.
    13    b. Notwithstanding the provisions of subdivision a of this section  or
    14  of  any  other  section  of law, any member who shall not have completed
    15  thirty-five years of creditable  city  service  within  the  meaning  of
    16  subdivision  h of section 13-304 of the code, prior to attaining the age
    17  of [sixty-five] sixty-seven years may continue  to  serve  as  a  member
    18  until  [he  or  she]  such  member shall have completed such thirty-five
    19  years of creditable city service, provided that [he or she] such  member
    20  is  capable  of  performing  duty  acceptable  to the commissioner. This
    21  section does not apply to chaplains or medical  officers.  This  section
    22  shall  apply  only to members who are in the department on the first day
    23  of December, nineteen hundred seventy-one.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14057-01-5

        A. 9291                             2
 
     1    c.  Any  member  whose  retirement  has  become  mandatory  under  the
     2  provisions  of  subdivision  a of this section may, upon approval of the
     3  commissioner, request of the board of estimate that  [he  or  she]  such
     4  member  be continued as a member of the uniformed force for a period not
     5  exceeding  two  years.  The  board,  where  advantageous  to  the public
     6  service, may grant such request for a period not exceeding two years. At
     7  the termination of such additional period of service, such board may  in
     8  like  manner  permit  such  member to continue in the public service for
     9  successive periods each not exceeding two years. In  no  event  shall  a
    10  member  be  continued in public service upon attaining the age of seven-
    11  ty-five years.
    12    § 2. Subdivision j of section 13-145.1 of the administrative  code  of
    13  the  city  of  New York, as added by chapter 823 of the laws of 1985, is
    14  amended to read as follows:
    15    j. Any member who elects such transfer of membership shall be  subject
    16  to  mandatory retirement upon attainment of age [sixty-five] sixty-seven
    17  under subdivision a of section 15-121 of the code in the same manner  as
    18  any other member of the uniformed force who is not a medical officer.
    19    § 3. This act shall take effect immediately.
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