§ 600 — Application

New York § 600

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 15: Coordinated Retirement Plan

Text

§ 600. Application. a. Notwithstanding any other provision of law, the\nprovisions of this article shall apply to all members who join or rejoin\na public retirement system of the state on or after July first, nineteen\nhundred seventy-six and to all employees who would have been eligible to\njoin or rejoin such a retirement system on or after such date but in\nlieu thereof elected an optional retirement program to which their\nemployers are thereby required to contribute, except the following:\n 1. Members of the New York state and local police and fire retirement\nsystem;\n 2. (a) Members in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision\nof New York state, other than certain persons as defined in this section\nor the New York city department of correction.\n (b) For purposes of this paragraph, certain persons means either:\n (i) a person who is appointed to the title of superintendent, who has\nhad at least seven years of service credited toward the retirement plan\nestablished pursuant to this article while employed by the department of\ncorrections and community supervision and who elects the retirement plan\nestablished pursuant to this article within ninety days of his or her\nappointment. Such election shall be in writing, shall be duly executed\nand filed with the comptroller and shall be irrevocable as long as such\nperson is in the title of superintendent; or\n (ii) a person who serves in the title of superintendent as of April\nfirst, two thousand six, who has had at least seven years of service\ncredited toward the retirement plan established pursuant to this article\nwhile employed by the department of corrections and community\nsupervision and who elects the retirement plan established pursuant to\nthis article on or before September thirtieth, two thousand six. Such\nelection shall be in writing, shall be duly executed and filed with the\ncomptroller and shall be irrevocable as long as such person is in the\ntitle of superintendent.\n (c) Any person in the title of superintendent who is eligible to make\nan election as described in this section but who does not make such\nelection, shall remain a member of the retirement plan that persons\nappointed to the title of superintendent join who do not meet the above\ncriteria.\n 3. Members of the New York city police pension fund or the New York\ncity fire department pension fund;\n 4. Members qualified for participation in the uniformed transit police\nforce plan or housing police force plan in the New York city employees'\nretirement system;\n 5. Investigator members of the New York city employees' retirement\nsystem; and\n 6. Members of the uniformed force of the New York city department of\nsanitation who join or rejoin a public retirement system of the state on\nor after April first, two thousand twelve.\n In the event that there is a conflict between the provisions of this\narticle and the provisions of any other law or code, the provisions of\nthis article shall govern.\n b. Notwithstanding any other provision of this article to the\ncontrary, persons who on or after July first, nineteen hundred\nseventy-six:\n 1. Enter the employment of a public employer which participates for\nsuch employees in the New York city employees' retirement system, the\nNew York city teachers' retirement system and the New York city board of\neducation retirement system shall be required to become members or shall\nbe eligible or ineligible for membership in such retirement system or\npension fund in the manner provided for by the relevant provisions of\nthe New York city administrative code and other relevant laws and rules\nand regulations except that, notwithstanding any other provision of law,\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 the term and who were employed in one\nof the three school years immediately prior to July first, nineteen\nhundred seventy-six 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-six shall have all the rights, benefits and\nprivileges applicable to employees who were members of such system on\nJune thirtieth, nineteen hundred seventy-six 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 1-a. Enter the employment of a public employer which participates for\nsuch employees in the New York city employees' retirement system, the\nNew York city teachers' retirement system and the New York city board of\neducation retirement system shall be required to become members or shall\nbe eligible or ineligible for membership in such retirement system or\npension fund in the manner provided for by the relevant provisions of\nthe New York city administrative code and other relevant laws and rules\nand regulations except that, notwithstanding any other provision of law,\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 the school\nyear, such members having been employed for a period of not less than\ntwenty school days during such school year in a position which did not\nentitle them to apply for membership in a public retirement system and\nwho first joined the New York city teachers' retirement system or the\nNew York state teachers' retirement system subsequent 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. Any member of a teachers' retirement system who is\nentitled by reason of this paragraph to have all the rights, benefits\nand privileges of a member of such system as of a date prior to July\nfirst, nineteen hundred seventy-six shall not be entitled to a refund of\nany contributions made to such system prior to the effective date of\nthis paragraph pursuant to this article or article fourteen of this\nchapter;\n 2. Enter the employment of a public employer which participates for\nsuch employees in the New York state teachers' retirement system shall\nbe required to become members or shall be eligible or ineligible for\nmembership in such retirement system in the manner provided for by the\nrelevant provisions of the New York state education law;\n 3. Enter the employment of a public employer which participates for\nsuch employees in the New York state employees' retirement system in\npositions in which they shall work full time shall be required to become\nmembers;\n (a) Provided, however, persons in the employ of such employers after\nsuch date in positions in which they work less than full time shall be\npermitted to become members of the New York state employees' retirement\nsystem by filing an application therefor in the manner provided for by\nsection forty of this chapter;\n (b) Provided further that an employee of a county extension service\nassociation or Cornell university appointed for the first time on or\nafter August first, nineteen hundred seventy-seven who holds a federal\ncooperative appointment with the United States department of agriculture\nas designated by the director of the New York state cooperative\nextension service and who is eligible for participation in the federal\nretirement system shall be excluded from membership in the state\nemployees' retirement system; and\n (c) Provided further that any employee of a county extension service\nassociation and any employee of Cornell university appointed for the\nfirst time on or after July first, nineteen hundred seventy-six but on\nor before July thirty-first, nineteen hundred seventy-seven, who holds a\nstate cooperative appointment as designated by the director of the New\nYork state cooperative extension service may elect to receive a federal\ncooperative appointment in the manner provided for by the relevant\nfederal laws, rules and regulations and to participate in the federal\nretirement system and discontinue his participation in the state\nretirement system by filing a written notice of termination on or before\nDecember thirty-first, nineteen hundred eighty-three with the\ncomptroller. Any employee who is a member of the state employees'\nretirement system at the time he or she elects coverage in the federal\nretirement program shall be deemed to be a person who discontinues\nservice on the effective date of such election, for the purpose of\ndetermining his or her eligibility for rights and benefits in such state\nsystem; provided, however, that if he or she does not withdraw\naccumulated contributions, (i) continued service with the county\nextension service association or Cornell university while under the\nfederal retirement program shall be deemed to be member service in the\nNew York state employees' retirement system for the purpose of\ndetermining eligibility for any vested retirement allowance, retirement\nallowance or ordinary death benefit under 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 the person or his or her estate or person\ndesignated by him or her may become entitled under either such system\nshall be computed only on the basis of service otherwise creditable to\nhim or her therein and his or her compensation during such service.\nElecting employees and their beneficiaries shall not be entitled to any\nright or benefit under the New York state employees' retirement system\nother than a vested retirement allowance, retirement allowance or\nordinary death benefit to the extent expressly provided for in this\nchapter.\n c. The provisions of this article shall not be construed to extend\ncoverage to an employee who would not have been, if employed in the same\ncapacity on June thirtieth, nineteen hundred seventy-six, eligible for\nmembership in the retirement system involved.\n