§ 6253. Election. 1. Election of the optional retirement program.
(a)\nEach eligible employee initially appointed on or after the effective\ndate of the election to offer such program established by the board\nshall, within thirty days of his entry into service, elect (i) to join\nthe New York city teachers' retirement system in accordance with the\nprovisions of law applicable thereto, or (ii) to elect the optional\nretirement program established pursuant to this article; provided\nhowever, that such persons initially appointed on or after the effective\ndate of the election to offer such program may defer such election until\nthe ninetieth day following such effective date of the election to offer\nsuch program established by the board. Any such deferred election shall\nbe effective as
Free access — add to your briefcase to read the full text and ask questions with AI
§ 6253. Election. 1. Election of the optional retirement program. (a)\nEach eligible employee initially appointed on or after the effective\ndate of the election to offer such program established by the board\nshall, within thirty days of his entry into service, elect (i) to join\nthe New York city teachers' retirement system in accordance with the\nprovisions of law applicable thereto, or (ii) to elect the optional\nretirement program established pursuant to this article; provided\nhowever, that such persons initially appointed on or after the effective\ndate of the election to offer such program may defer such election until\nthe ninetieth day following such effective date of the election to offer\nsuch program established by the board. Any such deferred election shall\nbe effective as of the date of entry into service.\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 City teachers' retirement\nsystem. Such membership shall be effective as of the date of entry into\nservice.\n (c) The amount, if any, required to have been contributed by any\nemployee in accordance with an election, a deferred election or failure\nto elect pursuant to paragraph (a) or (b) of this subdivision shall be\ncollected by payroll deductions in such manner as may be provided by the\ncomptroller for those persons electing the optional retirement program,\nor in the case of membership in the New York city teachers' retirement\nsystem, by the retirement system.\n (d) Eligible employees appointed before the effective date of the\nelection to offer such program may elect the optional retirement program\nestablished pursuant to this article. Such election shall be made on or\nbefore the ninetieth day following the effective date of such offer, and\nshall become effective on or as of the first day of January next\nfollowing the effective date of such offer.\n (e) Any employee who becomes eligible to elect the optional retirement\nprogram by reason of his appointment, promotion, transfer or\nreclassification to an eligible position may elect the optional\nretirement program established pursuant to this article. Such election\nshall be made within thirty days after notice in writing to such\nemployee of his eligibility, and shall become effective on the date of\nsuch election, except that in no case shall such election become\neffective prior to the first day of January next following the effective\ndate of the offer of such program.\n (f) No election by an eligible employee of the optional retirement\nprogram shall be effective unless it shall be accompanied by an\nappropriate application, where required, for the issuance of a contract\nor contracts under the program.\n 2. Ineligibility for retirement system membership. Any employee who\nelects the optional retirement program shall be ineligible for\nmembership in the New York city teachers' or New York city employees'\nretirement system so long as he shall remain continuously employed in\nany position by the board and shall continue in the optional retirement\nprogram.\n 3. (a) Any eligible employee of the board who is a member or\ntransferred contributor of either the New York city employees'\nretirement system or the New York city teachers' retirement system at\nthe time he elects the optional retirement program offered by the board\npursuant to this article shall be deemed to be a person who terminates\nmembership on the effective date of such election, for the purpose of\ndetermining his eligibility for rights and benefits in either such\nsystem; provided, however, that if he does not withdraw his accumulated\ncontributions, (i) his continued service at the city university shall be\ndeemed to be member service in either the New York city employees'\nretirement system or the New York city teachers' retirement system for\nthe purpose of determining his eligibility for any retirement allowance\nor ordinary death benefit under either such system dependent upon a\nspecified period of total service or upon attainment of a specified age\nwhile in service or upon death while in service; and (ii) the amount of\nany such benefit to which he or his estate or person designated by him\nmay become entitled under either such system shall be computed only on\nthe basis of service otherwise creditable to him therein and his\ncompensation during such service.\n (b) Electing employees and their beneficiaries shall not be entitled\nto any right or benefit under either the New York city employees'\nretirement system or the New York city teachers' retirement system other\nthan a retirement allowance or ordinary death benefit to the extent\nexpressly provided for in this section. Such employee shall not be\neligible for any benefit pursuant to section B3-36.0, subdivision two or\nsection B3-36.0, subdivision three of the administrative code of the\ncity of New York or section two hundred forty-five of the military law.\n