§ 183 — Election

§ 183. Election. 1. Election of the education department optional\nretirement program. (a) Each eligible employee initially appointed on or\nafter July first, nineteen hundred sixty-eight, shall, within thirty\ndays of his entry into service, elect (i) to join either the New York\nstate teachers' retirement system or the New York state employees'\nretirement system in accordance with the provisions of law applicable\nthereto or (ii) to elect the education department optional retirement\nprogram established pursuant to this part V of this article. Each\neligible employee employed by the department prior to July first,\nnineteen hundred sixty-eight shall make such election on or before\nDecember fourth, nineteen hundred sixty-eight. Any such election shall\nbe effective as of the date of entry into service with the department,\nexcept that with respect to those eligible employees possessing\ncontracts which may legally be continued under this part and who\ninitially entered into service with the department prior to the\neffective date of this part, the deferred election shall be effective as\nof the effective date of this part.\n (b) In the event an eligible employee fails to make an election as\nprovided in paragraph (a) of this subdivision, he shall be deemed to\nhave elected membership in the New York state teachers' retirement\nsystem. Such membership shall be effective as of the date of entry into\nservice with the department.\n (c) The amount, if any, required to be contributed by any employee in\naccordance with an election, a deferred election or a failure to elect\npursuant to paragraph (a) or paragraph (b) of this subdivision shall be\ncollected by payroll deductions in such manner as may be provided by the\nstate comptroller for those persons electing the education department\noptional retirement program, or in the case of membership in either the\nNew York state employees' retirement system or the New York state\nteachers' retirement system, by such retirement system. Nothing herein\ncontained shall be construed to authorize or require payment by the\nstate of contributions on account of services rendered prior to the\neffective date of this part by eligible employees who at the time of\ntheir employment with the department chose to continue, on a voluntary\nbasis, coverage similar to that conferred by this part, but shall be\nconstrued to authorize continuation of such contracts after the\neffective date of this part, subject to rules and regulations to be\nestablished by the commissioner.\n 2. Ineligibility for retirement system membership. Any employee who\nelects the education department optional retirement program shall be\nineligible for membership in either the New York state employees'\nretirement system or the New York state teachers' retirement system so\nlong as he shall remain employed in the department and shall continue in\nthe education department optional retirement program.\n 3. (a) Any eligible employee who is a member of either the New York\nstate employees' retirement system or the New York state teachers'\nretirement system at the time he elects the optional retirement program\nestablished pursuant to this part shall be deemed to be a person who\ndiscontinues service on the effective date of such election, for the\npurpose of determining his eligibility for rights and benefits in either\nsuch system; provided, however, that if he does not withdraw his\naccumulated contributions (i) his continued service with the education\ndepartment while under the optional retirement program shall be deemed\nto be member service in either the New York state employees' retirement\nsystem or the New York state teachers' retirement system for the purpose\nof determining his eligibility for any vested retirement allowance,\nretirement allowance or ordinary death benefit under either such system\ndependent upon a specified period of total service or upon attainment of\na specified age while in service or upon death while in service and (ii)\nthe amount of any such benefit to which he or his estate or person\ndesignated by him may become entitled under either such system shall be\ncomputed only on the basis of service otherwise creditable to him\ntherein and his compensation during such service.\n (b) Electing employees and their beneficiaries shall not be entitled\nto any right or benefit under either the New York state employees'\nretirement system or the New York state teachers' retirement system\nother than a vested retirement allowance, retirement allowance or\nordinary death benefit to the extent expressly provided for in this\nsection.\n 4. (a) Subdivision two of this section shall not apply to any eligible\nemployee who has elected the education department optional retirement\nprogram and after June thirtieth, two thousand two, renders service\nwhich is creditable in the New York state teachers' retirement system,\nother than service for which a contribution is made to the education\ndepartment optional retirement program.\n (b) Subdivision three of this section shall not apply to any member of\nthe New York state teachers' retirement system who, after joining such\nsystem, elects the education department optional retirement program.\n (c) Anything in subdivision three of this section notwithstanding, any\neligible employee who is a member of the New York state teachers'\nretirement system and had elected the education department optional\nretirement program prior to July first, two thousand two, may obtain\ncredit for service, other than service for which a contribution is made\nto the education department optional retirement program, which is\ncreditable in such system, was rendered after such member had elected\nthe education department optional retirement program, and was rendered\nbetween December first, nineteen hundred ninety-one and June thirtieth,\ntwo thousand two, provided (i) such member has rendered at least five\nyears of service credited with the New York state teachers' retirement\nsystem at the time such service is credited, and (ii) in the case of\nsuch member subject to the provisions of article fourteen or fifteen of\nthe retirement and social security law, the member contributes three\npercent of the wages earned for such service together with interest at\nthe rate of five percent per annum compounded annually from the date of\nsuch service until payment is made.\n (d) Anything in this subdivision four notwithstanding, service as an\neligible employee for which a contribution is made to the education\ndepartment optional retirement program shall neither entitle any\neligible employee to join or rejoin the New York state teachers'\nretirement system nor be creditable in such system.\n