§ 340 — Membership of the police and fire retirement system

§ 340. Membership of the police and fire retirement system. a. After\nthe effective date of this article, each person who becomes a member of\nthe New York state and local police and fire retirement system shall\nfile a duly executed application with the comptroller. Such application\nshall contain:\n 1. A detailed statement of all such person's service, and\n 2. A statement that he consents and agrees to membership and to the\ncontributions prescribed by this article.\n b. Membership in the police and fire retirement system shall be\nmandatory for the following:\n 1. Police officers and firefighters now employed or hereafter\nappointed by an employer.\n 2. Police officers and firefighters now employed or hereafter\nappointed by a participating employer in a position in the classified\ncivil service, other than in a position in the exempt class, and who is\nnot eligible to become a member of a local pension system. The employers\nof such police officers and firefighters shall pay into the pension\naccumulation fund the amount required to pay the accrued liability on\naccount of such police officers and firefighters, as computed by the\nactuary. Such payments shall be made in such installments as the\ncomptroller shall require.\n * 3. LIRR police officers as defined in paragraph two of subdivision a\nof section three hundred eighty-nine of this article who become such on\nor after the effective date of section three hundred eighty-nine of this\narticle.\n * NB Effective the first day of the calendar month following receipt\nby the comptroller of the election by The Long Island Rail Road Company\n 4. Fire chief-airport, firefighters-airport, and fire\ncaptains-airport, employed by Monroe county who enter such employment\nafter their employer has elected participation in the New York state and\nlocal police and fire retirement system.\n 5. Aircraft rescue firefighters employed by the Niagara frontier\ntransportation authority who enter such employment after their employer\nhas elected participation in the New York state and local police and\nfire retirement system.\n c. The following may become members of the police and fire retirement\nsystem:\n * 1. Police officers and firefighters in the service of a public or\nquasi-public organization if their employer has elected to participate\nas provided in section three hundred thirty-one of this article.\n * NB Effective until the first day of the calendar month following\nreceipt by the comptroller of the election by The Long Island Rail Road\nCompany\n * 1. Police officers and firefighters in the service of a public or\nquasi-public organization, if their employer has elected to participate\nas provided in section three hundred thirty-one of this article,\nincluding each LIRR police officer as defined in paragraph two of\nsubdivision a of section three hundred eighty-nine of this article who\nis such on the effective date of such section three hundred eighty-nine\nand who files an election with the comptroller in accordance with\nsubdivision a of this section within ninety days after the effective\ndate of section three hundred eighty-nine of this article. Such an\nelection by a LIRR police officer shall be effective as of such\neffective date and shall be a waiver of any and all rights such officer\nmay have had to benefits under any pension plan sponsored by The Long\nIsland Rail Road Company other than the retirement plan provided for in\nsection three hundred eighty-nine of this article.\n * NB Effective the first day of the calendar month following receipt\nby the comptroller of the election by The Long Island Rail Road Company\n 2. Officers and employees of the federal government who have at least\nfive years of member service credit at the time they become federal\nofficers or employees may continue as contributing members. The\nprovisions of this paragraph shall not affect the membership of officers\nand employees of the federal government heretofore commenced or\ncontinued hereunder, provided, however, that all memberships hereunder\nshall be conditioned upon the receipt by the police and fire retirement\nsystem of the payments required by section three hundred forty-two of\nthis article.\n 2-a. Fire chief-airport, firefighters-airport, and fire\ncaptains-airport who are employed with the county of Monroe at the time\nthat their employer elects participation in the New York state and local\npolice and fire retirement system. Such employees shall have one year\nfrom the date the employer elects to provide such participation to make\napplication for membership in such retirement system and upon filing\nsuch an election shall be transferred to the New York state and local\npolice and fire retirement system notwithstanding the provisions of\nsection three hundred forty-three of this title. Upon request for a\ntransfer of credit, the reserve on such member's benefits shall be\ndetermined by the actuary and shall be transferred from the appropriate\nfund of the first system to the appropriate fund of the second system.\nMonroe county employees transferred pursuant to this paragraph must\nserve one year under the new plan before they may receive a greater\nservice retirement benefit than they would have received had they not\ntransferred to such new plan.\n 2-b. Aircraft rescue firefighters employed by the Niagara frontier\ntransportation authority at the time that their employer elects\nparticipation in the New York state and local police and fire retirement\nsystem. Such employees shall have one year from the date the employer\nelects to provide such participation to make application for membership\nin such retirement system and upon filing such an election shall be\ntransferred to the New York state and local police and fire retirement\nsystem notwithstanding the provisions of section three hundred\nforty-three of this title. Upon request for a transfer of credit, the\nreserve on such member's benefits shall be determined by the actuary and\nshall be transferred from the appropriate fund of the first system to\nthe appropriate fund of the second system. Notwithstanding the foregoing\nprovisions of this paragraph, the portion of the reserves from the first\nsystem that consists of member contributions and applicable interest\nshall not be refunded and shall not be considered excess contributions,\nand such portion shall be used toward payment of any past service costs\narising under this section. Niagara frontier transportation authority\nemployees transferred pursuant to this paragraph must serve one year\nunder the new plan before they may receive a greater service retirement\nbenefit than they would have received had they not transferred to such\nnew plan.\n 3. Notwithstanding any inconsistent provision of subdivision e of this\nsection, or of this chapter or of any other law, an officer or employee\nin the service of the state or of a participating employer who, at the\ntime of entering such service, was or is entitled to benefits by any\nother pension or retirement system maintained by the state or a\npolitical subdivision thereof, provided such benefits, exclusive of any\nannuity based solely on his or her own contributions and interest\nthereon, are suspended during his or her active membership in the police\nand fire retirement system. He or she shall contribute to the retirement\nsystem as a new member.\n d. A member, discontinued from police or fire service because the\noffice in which he was employed was transferred to:\n 1. The federal government, or\n 2. Any public authority or public corporation organized pursuant to\nthe laws of this state and which is not a participating employer,\nmay file a written election with the comptroller stating that he or she\nelects to continue as a member. Such election shall be subject to the\napproval of the comptroller and such continuance shall be conditioned\nupon the receipt by the police and fire retirement system of the\npayments required by section three hundred forty-two of this article.\n e. Any person who is or may be entitled to benefits by any other law\nproviding for pensions and annuities for civil service employees, wholly\nor partly at the expense of the state or of a political subdivision\nthereof, shall not be a member of the police and fire retirement system.\nThis provision, however, shall not:\n 1. Affect the membership of any person who was a member of the New\nYork state and local employees' retirement system on April first,\nnineteen hundred sixty-seven and who became a member of the police and\nfire retirement system after such date.\n 2. Exclude from membership any person paid a salary from two or more\nsources, each of which entitles him to membership in a retirement\nsystem.\n 3. Exclude from membership any person holding office pursuant to\nappointment by the governor by and with the advice and consent of the\nsenate, who at the time of such appointment would otherwise be entitled\nto a retirement allowance wholly or partly at the expense of the state\nor of a political subdivision thereof.\n 4. Exclude from membership any person who is or may become eligible\nfor old-age and survivors insurance benefits pursuant to the provisions\nof this chapter except where his position was or is excluded from\neligibility for membership in this retirement system in order to extend\nold-age and survisors insurance coverage to it and such eligibility\nshall not have been restored.\n f. Termination of membership. Membership in the police and fire\nretirement system shall cease upon the occurrence of any one of the\nfollowing conditions:\n 1. When seven years have elapsed since a member has performed police\nand/or fire service provided, however, that no part of such seven year\nperiod shall run during such time as a member, with at least five years\nof member service credit, shall serve as an officer or employee of the\nfederal government or the United Nations or other international\norganizations of which the United States of America is a member.\n 2. When a member shall die.\n 3. When a member shall retire.\n 4. When a member shall have withdrawn all or part of his accumulated\ncontributions. Acceptance by a member of a refund of excess\ncontributions pursuant to the provisions of any section of this article\nor borrowing from his fund in the retirement system pursuant to section\nthree hundred fifty of this article shall not terminate his membership.\nAcceptance of such a refund of excess contributions by a member entitled\nto a vested retirement allowance pursuant to section three hundred\nseventy-six of this chapter shall not terminate his right to such vested\nretirement allowance nor shall acceptance by him of a refund of the\namount of his contributions and regular interest thereon which is in\nexcess of the amount of the accumulated contributions which he would\nthen have to his credit had he been contributing on the basis of his\nrate of normal contribution terminate his right to such vested\nretirement allowance.\n 5. When a member who has not attained eligibility for a retirement\nallowance or a vested retirement allowance has discontinued service with\nthe state or a participating employer for a period of at least thirty\nconsecutive days and has requested termination of membership on a form\nprepared by the comptroller for such purpose by filing such form with\nthe comptroller. If such person subsequently rejoins the retirement\nsystem within five years from the date he discontinued service with the\nstate or a participating employer, such person shall be entitled to\nevery retirement right, benefit and privilege which would have been\navailable to him had he reentered employment on the date of such\ndiscontinuance from service.\n g. As to any class of persons whose compensation is only partly paid\nby the state or a participating employer or who are serving on a\ntemporary or other than per annum basis, the comptroller in his\ndiscretion, may:\n 1. Deny the right to become members, or\n 2. Make optional the individual entrance of those whose membership\notherwise would be mandatory.\n