NY Ret & SS L § 30 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 4 - Participation in System by Political Subdivisions and Other Organizations 30 - Participation by Municipalities.

§  30. Participation by municipalities. a. A municipality may elect to participate in the retirement system. Such election shall  be  exercised by  the  adoption of a resolution approved by its local legislative body and any other body or officer required by law to approve  resolution  of such local legislative body. Upon the filing of a certified copy of such resolution with the comptroller, such election shall be irrevocable, and the   municipality  shall  become  a  participating  employer,  subject, however, to the conditions provided in this subdivision.   1. A municipality not participating in the retirement system prior  to October  first, nineteen hundred fifty-three, and which has not provided old-age and survivors insurance coverage for its employees, may, at  the time  of  making  election  to participate, exclude from eligibility for membership in the retirement system such class or classes of offices and positions for which membership in the  retirement  system  is  not  made mandatory  by  this  article,  as  the  municipality may specify in such resolution. Participation by any such  municipality  which  may  exclude from  eligibility  for membership any class or classes of its offices or positions shall not become effective until such municipality shall  have entered  into  an  agreement  to provide old-age and survivors insurance coverage for such class or classes of offices or positions in the manner and to the extent provided by article three of this chapter.   2. Any municipality participating in the retirement  system  prior  to October  first,  nineteen hundred fifty-three, may, by the adoption of a resolution in the manner herein provided and filed with the  comptroller prior  to  the  time  such  municipality  makes  an agreement to provide old-age and survivors insurance coverage for  its  employees,  elect  to exclude  from  eligibility  for  membership in the retirement system any class or classes of offices or positions for  which  membership  in  the retirement  system  is not made mandatory by this article. Public notice of the proposed adoption of any such resolution shall be given at  least three  months  prior  to  the  adoption  thereof. Officers and employees holding offices or positions in any  such  excluded  class  or  classes, however,  who  are  members  of the retirement system at the time of the filing of such resolution shall continue to be members of the retirement system. Such resolution providing for such  exclusion  from  eligibility for   membership   shall  not  become  effective,  however,  until  such participating municipality shall  have  entered  into  an  agreement  to provide  old-age  and  survivors  insurance  coverage  for  the class or classes of  offices  or  positions  so  excluded  from  eligibility  for membership  in  the  retirement  system  in the manner and to the extent provided by article three of this chapter.   3. The power to exclude employees from eligibility for  membership  in the retirement system pursuant to paragraph one or paragraph two of this subdivision  a  shall  terminate  on  the  day  after  the  modification extending the old-age and survivors insurance  system  to  any  position covered  by  such  system  and  held  by  an  employee  of  a  political subdivision of the state (exclusive of one  in  a  police  officer's  or firefighter's position) is executed.   b. Participation by members of local pension systems.   1.  In  the  event  that  sixty per centum of the members of any local pension system petition to become members  of  this  retirement  system, their   participation   may  be  approved  in  the  manner  provided  by subdivision a of this section.   2. As of the date such participation is approved:  (a) The operation of such local pension system shall be discontinued.  (b) The existing pensioners  and  annuitants  of  such  local  pension system  shall  be  continued  and  paid  at their existing rates by this retirement system.  (c) Any cash and securities to the credit of such local pension system shall be transferred to this retirement system.  (d)  The  trustees  or other administrative head of such local pension system shall certify the proportion, if any, of the funds of such system that represents the accumulated contributions of  the  members  and  the individual  shares of the members therein. Such shares shall be credited to the respective annuity savings  accounts  of  such  members  in  this retirement  system.  The  balance  of  the  funds so transferred to this retirement system shall be offset against the liability  on  account  of existing  pensioners,  annuitants  and  active  members.  The  resulting liability so determined shall be the basis for the  rate  of  deficiency contribution  of  such  county,  city,  town  or  village  as determined pursuant to section twenty-three of this article.   c. Participation by a municipality  pursuant  to  this  section  shall cover  all agencies of the government of such municipality including the free public library, if  any,  of  such  municipality,  unless  separate participation  by  any such agency or school district public library has been approved pursuant to section thirty-one, thirty-one-a or thirty-two of this article.