§ 44 — Certain local pension system credit for compensation received for constitutional convention service

§ 44. Certain local pension system credit for compensation received\nfor constitutional convention service. a. Notwithstanding anything to\nthe contrary contained in this chapter or any other general or local\nlaw, charter or code, any person who while a delegate, officer or\nemployee of the convention to revise and amend the constitution of the\nstate in the year nineteen hundred sixty-seven was also a member of a\nlocal pension system shall be entitled to elect to have the total salary\nor wages paid to such delegate, officer or employee for such convention\nservice cumulatively added to the salary or wages otherwise credited to\nsuch person for such calendar year in the local pension system for all\npurposes. Such election shall be made in writing to this retirement\nsystem and such local system on or before July first, nineteen hundred\nseventy.\n b. Upon such election, the actuary of the state employee's retirement\nsystem shall determine the total value of all reserves to the credit of\nsuch member in the state employees' retirement system as a result of\ncontributions made by the state and his contributions to the state\nemployees' retirement system for such service, if any, and shall\ntransfer the total amount thereof to the local pension system in the\nmanner provided by section forty-three of the retirement and social\nsecurity law.\n c. After such deposit and transfer, the actuary of the local pension\nsystem shall determine the total amount which would have been required\nto be paid into the appropriate funds of the local pension system by\nboth the member and the municipality had such service been rendered to\nthe municipality. From such total amount there shall be deducted the\ntotal amount of contribution and reserves transferred as provided in\nsubdivision b of this section. Any deficiency in the result so obtained\nshall be paid by the member into the appropriate account and funds in\nthe local pension system.\n d. Thereafter, and upon payment of any additional contributions that\nmay be required by subdivision c of this section, such member shall be\nentitled to all the rights, privileges, immunities, benefits, refunds,\nincreases, advances, insurance, pension, annuities, retirement\nallowances, death benefits and options for such service under the local\npension system in the same manner and to the same extent as if such\nservice had been creditable under such local pension system. Such member\nwho at the time of such service as a delegate was a member of both the\nstate employees' retirement system and of a local pension system and who\nlater transferred, pursuant to section forty-three of this chapter the\ntotal amount of his contributions and reserves from the state employees'\nretirement system to such local system, shall in computing his final\naverage salary in such local system be entitled to credit for the year\nnineteen hundred and sixty-seven for his total compensation received\nfrom the state, from the convention and from his local employer.\nProvided, however, that service as such delegate, officer or employee\nshall not be used in computing the member's length of service for the\npurpose of determining the amount of his retirement allowance.\n e. The provisions of this section shall be available only to those\nmembers of a local pension system whose eligibility for retirement is\nbased upon attainment of a specified age, or thirty or more years of\nservice.\n f. The provision of this section shall be controlling, notwithstanding\nany provision of this chapter or any general, special, local law or city\nor village charter code, ordinance, resolution, rule or regulation to\nthe contrary.\n