§ 440 — Application

New York § 440

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 11: Limitations Applicable to New Entrants

Text

§ 440. Application. a. Notwithstanding any other provision of law, but\nsubject to the provisions of subdivisions c and d of this section, the\nprovisions and limitations of this article shall apply, as may be\nappropriate, to all members who join or rejoin a public retirement\nsystem of the state or of a municipality thereof, and to all employees\nwho would be eligible to join such a retirement system but in lieu\nthereof elected an optional retirement program to which their employers\nare thereby required to contribute, on or after July first, nineteen\nhundred seventy-three, but prior to July first, nineteen hundred\nseventy-six. In the event that there is a conflict between the\nprovisions of this article and the provisions of any other law or code,\nthe provisions of this article shall govern.\n b. The provisions of this article shall not be construed to extend\ncoverage to an employee not otherwise eligible for membership in a\nretirement system or to provide an increase in benefits to a member of a\nretirement system other than as provided by section four hundred\nforty-five-d, or section four hundred forty-five-f, or section four\nhundred forty-five-h or section four hundred forty-eight of this\narticle.\n c. Notwithstanding any other provision of law, the provisions and\nlimitations of this article shall apply, as may be appropriate, to all\npolice officers and firefighters who last joined a public retirement\nsystem of the state or a municipality thereof, on or after July first,\nnineteen hundred seventy-six, but prior to July first, two thousand\nnine, and all employees subject to the provisions of article twenty-two\nof this chapter; provided, however, that in the case of a conflict\nbetween the provisions of this article and article twenty-two of this\nchapter, the provisions of article twenty-two shall be controlling.\n d. Notwithstanding the provisions of subdivision a of this section,\nmembers who were employed by the New York city board of education and\nassigned during the first fifteen days of the school term to a position\nwhich is expected to be vacant for that term and who were employed in\none of the three school years immediately prior to July first, nineteen\nhundred seventy-three in a position which did not entitle them to apply\nfor membership in a public retirement system and who first joined the\nNew York city teachers' retirement system subsequent to June thirtieth,\nnineteen hundred seventy-three but prior to June thirtieth, nineteen\nhundred seventy-six shall have all the rights, benefits and privileges\napplicable to employees who were members of such system on June\nthirtieth, nineteen hundred seventy-three provided they make written\napplication, duly executed and filed with the New York city teachers'\nretirement board prior to July first, nineteen hundred eighty-nine.\n d-1. Notwithstanding the provisions of subdivision a of this section,\nmembers who were employed by the New York city board of education as\nregular substitute teachers when assigned as such and members who were\nemployed by the New York city board of education and assigned during the\nschool year to a position which was expected to be vacant for that\nschool year, such members having been employed for a period of not less\nthan twenty school days during such school year in a position which did\nnot entitle them to apply for membership in a public retirement system\nand who first joined the New York city teachers' retirement system or\nthe New York state teachers' retirement system prior to June thirtieth,\nnineteen hundred seventy-six shall have all the rights, benefits and\nprivileges to which they would have been entitled had their current\nmembership begun on the date their original service commenced, provided\nthey make written application, duly executed and filed with the\nretirement system in which they are members on or before June thirtieth,\ntwo thousand three.\n e. Notwithstanding any other provision of law to the contrary, the\nprovisions and limitations of this article shall apply, as may be\nappropriate, to all investigator members of the New York city employees'\nretirement system who last joined such retirement system on or after\nJuly first, nineteen hundred seventy-six, and prior to the effective\ndate of the chapter of the laws of two thousand twelve which amended\nthis subdivision.\n