§ 390 — Definitions

§ 390. Definitions. Wherever used in this article:\n 1. The term "board" means the board of trustees of the state\nuniversity of New York.\n 2. The term "state university" means the state university of New York\nand the term "community college" means a college established and\noperated under article one hundred twenty-six of this chapter.\n 3. The term "eligible employees" means those employees in positions\nrequiring the performance of educational functions in teacher education,\nagriculture, home economics, forestry, ceramics, liberal and applied\narts and sciences, engineering, technical skills, crafts, business\neducation, labor and industrial relations, medicine, dentistry,\nveterinary medicine, pharmacy, nursing, law, public affairs, maritime\nofficer training, academic administration, library service, student\nactivities, student personnel service and other professions required to\ncarry on the work of the state university and the colleges, schools,\ninstitutes, research centers, facilities and institutions comprising it\nand of the community colleges. Such positions in the state university,\nincluding those at the state colleges of agriculture, home economics,\nveterinary medicine or industrial and labor relations, the state\nagricultural experiment station at Geneva, or any other institution or\nagency under the management and control of Cornell university as\nrepresentative of the board, and at the state college of ceramics under\nthe management and control of Alfred university as the representative of\nthe board, and such positions in the community colleges shall be those\ncertified to the board by the chancellor of state university as\nrequiring the performance of such functions. No person receiving a\nbenefit by reason of his retirement from any retirement or pension\nsystem of New York state or any political subdivision thereof shall be\neligible to elect the optional retirement program.\n 3-a. Beginning July first, two thousand thirteen, the term "eligible\nemployees" shall also mean any person excluded from or not encompassed\nwithin a negotiating unit within the meaning of article fourteen of the\ncivil service law who would otherwise be entitled to receive a benefit\nunder the retirement and social security law or the education law\ninitially hired on or after July first, two thousand thirteen with\nestimated annual wages of seventy-five thousand per annum or greater.\nSuch estimate of annual wages to determine eligibility for the purposes\nof this subdivision shall be provided by the employer. For the purposes\nof this subdivision, a newly hired state employee whose immediate\npreceding employment was with another department, division, or agency of\nthe state shall not be deemed to be an eligible employee.\n 4. The term "optional retirement program" means the retirement program\nestablished pursuant to this article.\n 5. The term "electing employee" shall mean any eligible employee who\nexercises his election pursuant to this article to come under the\noptional retirement program.\n 6. The term "salary" means all amounts paid by or for the state as\ncompensation for services rendered by an eligible employee holding a\nposition with the state university or by or for a community college as\ncompensation for services rendered by an eligible employee holding a\nposition at such college.\n 7. The term "insurer" shall mean a life insurance corporation, or\nother corporation subject to department of financial services\nsupervision.\n 8. The term "electing employer" means a community college which elects\nto offer the optional retirement program as herein provided.\n 8-a. Beginning July first, two thousand thirteen, the term "electing\nemployer" shall also mean any public employer within the state of New\nYork that employs one or more employees who have elected to participate\nin the optional retirement program established pursuant to this article.\n 9. The term "local sponsor" means any city, county, intermediate\nschool district, or school district approved by the board, sponsoring or\nparticipating in the establishment or operation of a community college.\n