NY Ret & SS L § 340 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 6 - Right to Membership, Service Credit and Transfers Between Retirement Systems 340 - Membership of the Police and Fire Retirement System.

§  340.  Membership of the police and fire retirement system. a. After   the effective date of this article, each person who becomes a member  of   the  New  York  state  and local police and fire retirement system shall   file a duly executed application with the comptroller. Such  application   shall contain:1. A detailed statement of all such person's service, and2.  A  statement  that he consents and agrees to membership and to the   contributions prescribed by this article.b. Membership in the  police  and  fire  retirement  system  shall  be   mandatory for the following:1.   Police  officers  and  firefighters  now  employed  or  hereafter   appointed by an employer.2.  Police  officers  and  firefighters  now  employed  or   hereafter   appointed  by  a  participating employer in a position in the classified   civil service, other than in a position in the exempt class, and who  is   not eligible to become a member of a local pension system. The employers   of  such  police  officers  and  firefighters shall pay into the pension   accumulation fund the amount required to pay the  accrued  liability  on   account  of  such  police  officers and firefighters, as computed by the   actuary. Such payments  shall  be  made  in  such  installments  as  the   comptroller shall require.* 3. LIRR police officers as defined in paragraph two of subdivision a   of  section three hundred eighty-nine of this article who become such on   or after the effective date of section three hundred eighty-nine of this   article.* NB Effective the first day of the calendar month  following  receipt   by the comptroller of the election by The Long Island Rail Road Company4.     Fire     chief-airport,    firefighters-airport,    and    fire   captains-airport, employed by Monroe county who  enter  such  employment   after their employer has elected participation in the New York state and   local police and fire retirement system.5.  Aircraft  rescue  firefighters  employed  by  the Niagara frontier   transportation authority who enter such employment after their  employer   has  elected  participation  in  the New York state and local police and   fire retirement system.c. The following may become members of the police and fire  retirement   system:* 1.  Police  officers  and firefighters in the service of a public or   quasi-public organization if their employer has elected  to  participate   as provided in section three hundred thirty-one of this article.* NB  Effective  until  the  first day of the calendar month following   receipt by the comptroller of the election by The Long Island Rail  Road   Company* 1.  Police  officers  and firefighters in the service of a public or   quasi-public organization, if their employer has elected to  participate   as  provided  in  section  three  hundred  thirty-one  of  this article,   including each LIRR police  officer  as  defined  in  paragraph  two  of   subdivision  a  of section three hundred eighty-nine of this article who   is such on the effective date of such section three hundred  eighty-nine   and  who  files  an  election  with  the  comptroller in accordance with   subdivision a of this section within ninety  days  after  the  effective   date  of  section  three  hundred  eighty-nine  of this article. Such an   election by a  LIRR  police  officer  shall  be  effective  as  of  such   effective  date and shall be a waiver of any and all rights such officer   may have had to benefits under any pension plan sponsored  by  The  Long   Island  Rail Road Company other than the retirement plan provided for in   section three hundred eighty-nine of this article. * NB Effective the first day of the calendar month  following  receipt   by the comptroller of the election by The Long Island Rail Road Company2.  Officers and employees of the federal government who have at least   five years of member service credit at  the  time  they  become  federal   officers   or  employees  may  continue  as  contributing  members.  The   provisions of this paragraph shall not affect the membership of officers   and  employees  of  the  federal  government  heretofore  commenced   or   continued  hereunder,  provided, however, that all memberships hereunder   shall be conditioned upon the receipt by the police and fire  retirement   system  of  the  payments required by section three hundred forty-two of   this article.2-a.    Fire    chief-airport,    firefighters-airport,    and    fire   captains-airport  who are employed with the county of Monroe at the time   that their employer elects participation in the New York state and local   police and fire retirement system. Such employees shall  have  one  year   from  the date the employer elects to provide such participation to make   application for membership in such retirement  system  and  upon  filing   such  an  election  shall be transferred to the New York state and local   police and fire retirement  system  notwithstanding  the  provisions  of   section  three  hundred  forty-three  of  this title. Upon request for a   transfer of credit, the reserve  on  such  member's  benefits  shall  be   determined  by the actuary and shall be transferred from the appropriate   fund of the first system to the appropriate fund of the  second  system.   Monroe  county  employees  transferred  pursuant  to this paragraph must   serve one year under the new plan before  they  may  receive  a  greater   service  retirement  benefit  than they would have received had they not   transferred to such new plan.2-b. Aircraft rescue firefighters employed  by  the  Niagara  frontier   transportation   authority  at  the  time  that  their  employer  elects   participation in the New York state and local police and fire retirement   system. Such employees shall have one year from the  date  the  employer   elects  to provide such participation to make application for membership   in such retirement system and upon filing  such  an  election  shall  be   transferred  to  the New York state and local police and fire retirement   system  notwithstanding  the  provisions  of   section   three   hundred   forty-three  of  this  title. Upon request for a transfer of credit, the   reserve on such member's benefits shall be determined by the actuary and   shall be transferred from the appropriate fund of the  first  system  to   the appropriate fund of the second system. Notwithstanding the foregoing   provisions of this paragraph, the portion of the reserves from the first   system  that  consists  of  member contributions and applicable interest   shall not be refunded and shall not be considered excess  contributions,   and  such portion shall be used toward payment of any past service costs   arising under this section. Niagara  frontier  transportation  authority   employees  transferred  pursuant  to  this paragraph must serve one year   under the new plan before they may receive a greater service  retirement   benefit  than  they would have received had they not transferred to such   new plan.3. Notwithstanding any inconsistent provision of subdivision e of this   section, or of this chapter or of any other law, an officer or  employee   in  the  service of the state or of a participating employer who, at the   time of entering such service, was or is entitled  to  benefits  by  any   other  pension  or  retirement  system  maintained  by  the  state  or a   political subdivision thereof, provided such benefits, exclusive of  any   annuity  based  solely  on  his  or  her  own contributions and interest   thereon, are suspended during his or her active membership in the police   and fire retirement system. He or she shall contribute to the retirement   system as a new member. d. A member, discontinued from police  or  fire  service  because  the   office in which he was employed was transferred to:1. The federal government, or2.  Any  public  authority or public corporation organized pursuant to   the laws of this state and which is not a participating employer,   may file a written election with the comptroller stating that he or  she   elects  to  continue  as a member. Such election shall be subject to the   approval of the comptroller and such continuance  shall  be  conditioned   upon  the  receipt  by  the  police  and  fire  retirement system of the   payments required by section three hundred forty-two of this article.e. Any person who is or may be entitled to benefits by any  other  law   providing for pensions and annuities for civil service employees, wholly   or  partly  at  the  expense  of the state or of a political subdivision   thereof, shall not be a member of the police and fire retirement system.   This provision, however, shall not:1. Affect the membership of any person who was a  member  of  the  New   York  state  and  local  employees'  retirement  system  on April first,   nineteen hundred sixty-seven and who became a member of the  police  and   fire retirement system after such date.2.  Exclude  from membership any person paid a salary from two or more   sources, each of which  entitles  him  to  membership  in  a  retirement   system.3.  Exclude  from  membership  any  person  holding office pursuant to   appointment by the governor by and with the advice and  consent  of  the   senate,  who at the time of such appointment would otherwise be entitled   to a retirement allowance wholly or partly at the expense of  the  state   or of a political subdivision thereof.4.  Exclude  from  membership any person who is or may become eligible   for old-age and survivors insurance benefits pursuant to the  provisions   of  this  chapter  except  where  his  position  was or is excluded from   eligibility for membership in this retirement system in order to  extend   old-age  and  survisors  insurance  coverage  to it and such eligibility   shall not have been restored.f. Termination of  membership.  Membership  in  the  police  and  fire   retirement  system  shall  cease  upon  the occurrence of any one of the   following conditions:1. When seven years have elapsed since a member has  performed  police   and/or  fire  service provided, however, that no part of such seven year   period shall run during such time as a member, with at least five  years   of  member  service credit, shall serve as an officer or employee of the   federal  government  or  the  United  Nations  or  other   international   organizations of which the United States of America is a member.2. When a member shall die.3. When a member shall retire.4.  When  a member shall have withdrawn all or part of his accumulated   contributions.  Acceptance  by  a  member  of   a   refund   of   excess   contributions  pursuant to the provisions of any section of this article   or borrowing from his fund in the retirement system pursuant to  section   three  hundred fifty of this article shall not terminate his membership.   Acceptance of such a refund of excess contributions by a member entitled   to a vested retirement  allowance  pursuant  to  section  three  hundred   seventy-six of this chapter shall not terminate his right to such vested   retirement  allowance  nor  shall  acceptance  by him of a refund of the   amount of his contributions and regular interest  thereon  which  is  in   excess  of  the  amount  of the accumulated contributions which he would   then have to his credit had he been contributing on  the  basis  of  his   rate   of  normal  contribution  terminate  his  right  to  such  vested   retirement allowance. 5. When a member who has not attained  eligibility  for  a  retirement   allowance or a vested retirement allowance has discontinued service with   the  state  or  a participating employer for a period of at least thirty   consecutive days and has requested termination of membership on  a  form   prepared  by  the  comptroller for such purpose by filing such form with   the comptroller. If such  person  subsequently  rejoins  the  retirement   system  within five years from the date he discontinued service with the   state or a participating employer, such  person  shall  be  entitled  to   every  retirement  right,  benefit  and  privilege which would have been   available to him had  he  reentered  employment  on  the  date  of  such   discontinuance from service.g.  As  to any class of persons whose compensation is only partly paid   by the state or a  participating  employer  or  who  are  serving  on  a   temporary  or  other  than  per  annum  basis,  the  comptroller  in his   discretion, may:1. Deny the right to become members, or2. Make optional the individual entrance  of  those  whose  membership   otherwise would be mandatory.