NY Ret & SS L § 500 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 500 - Application.

§  500.  Application.  a.  Notwithstanding any other provision of law,   except as otherwise provided in subdivisions c and f  of  this  section,   the  provisions  of  this article shall apply to all members who join or   rejoin a public retirement system of the state on or after  July  first,   nineteen  hundred  seventy-six  and to all employees who would have been   eligible to join or rejoin such a retirement system  on  or  after  such   date but in lieu thereof elected an optional retirement program to which   their  employers  are  thereby required to contribute. In the event that   there is a conflict between the  provisions  of  this  article  and  the   provisions  of  any  other  law  or code, the provisions of this article   shall govern.b.  Notwithstanding  any  other  provision  of  this  article  to  the   contrary,   persons  who  on  or  after  July  first,  nineteen  hundred   seventy-six:1. Enter the employment of a public employer  which  participates  for   such  employees  in  the New York city employees' retirement system, the   New York city teachers' retirement system,  the  New  York  city  police   pension  fund,  article  two,  the New York city fire department pension   fund, article one-B, and the New York city board of education retirement   system shall be required to become  members  or  shall  be  eligible  or   ineligible  for  membership in such retirement system or pension fund in   the manner provided for by the relevant provisions of the New York  city   administrative code and other relevant laws and rules and regulations.2.  Enter  the  employment of a public employer which participates for   such employees in the New York state teachers' retirement  system  shall   be  required  to  become  members or shall be eligible or ineligible for   membership in such retirement system in the manner provided for  by  the   relevant provisions of the New York state education law.3.  Enter  the  employment of a public employer which participates for   such employees  in  the  New  York  state  and  local  police  and  fire   retirement  system  shall  be  required  to  become  members or shall be   eligible or ineligible for membership in such retirement system  in  the   manner provided for by the relevant provisions of this chapter.4.  Enter  the  employment of a public employer which participates for   such employees in the New York state  employees'  retirement  system  in   positions in which they shall work full time shall be required to become   members.a.  Provided,  however,  persons in the employ of such employers after   such date in positions in which they work less than full time  shall  be   permitted  to become members of the New York state employees' retirement   system by filing an application therefor in the manner provided  for  by   section forty of this chapter.b.  Provided  further  that  an employee of a county extension service   association or Cornell university appointed for the  first  time  on  or   after  August  first, nineteen hundred seventy-seven who holds a federal   cooperative appointment with the United States department of agriculture   as designated  by  the  director  of  the  New  York  state  cooperative   extension  service  and who is eligible for participation in the federal   retirement system  shall  be  excluded  from  membership  in  the  state   employees' retirement system.c.  Provided  further  that any employee of a county extension service   association and any employee of Cornell  university  appointed  for  the   first  time  on or after July first, nineteen hundred seventy-six but on   or before July thirty-first, nineteen hundred seventy-seven, who holds a   state cooperative appointment as designated by the director of  the  New   York  state cooperative extension service may elect to receive a federal   cooperative appointment in the  manner  provided  for  by  the  relevant   federal  laws,  rules  and regulations and to participate in the federal    retirement  system  and  discontinue  his  participation  in  the  state   retirement system by filing a written notice of termination on or before   December   thirty-first,   nineteen   hundred   seventy-eight  with  the   comptroller.  Any  employee  who  is  a  member  of the state employees'   retirement system at the time he or she elects coverage in  the  federal   retirement  program  shall  be  deemed  to  be a person who discontinues   service on the effective date of  such  election,  for  the  purpose  of   determining his or her eligibility for rights and benefits in such state   system;  provided,  however,  that  if  he  or  she  does  not  withdraw   accumulated  contributions,  (i)  continued  service  with  the   county   extension  service  association  or  Cornell  university while under the   federal retirement program shall be deemed to be member service  in  the   New   York  state  employees'  retirement  system  for  the  purpose  of   determining eligibility for any vested retirement allowance,  retirement   allowance  or  ordinary death benefit under such system dependent upon a   specified period of total service or upon attainment of a specified  age   while  in service or upon death while in service; and (ii) the amount of   any such benefit to which the person or his  or  her  estate  or  person   designated  by  him  or her may become entitled under either such system   shall be computed only on the basis of service otherwise  creditable  to   him  or  her  therein  and  his or her compensation during such service.   Electing employees and their beneficiaries shall not be entitled to  any   right  or  benefit under the New York state employees' retirement system   other than  a  vested  retirement  allowance,  retirement  allowance  or   ordinary  death  benefit  to  the  extent expressly provided for in this   chapter.c. If the comptroller certifies that the contribution rate under  this   article  for  any  participating  employer  who  is participating on the   effective date hereof would be at least one percent higher than the rate   which would be applicable to  such  employer  for  an  employee  who  is   subject  to  article  eleven  of this chapter and who was hired prior to   July first, nineteen hundred seventy-six, the provisions of this article   shall not apply with respect to such participating  employer,  provided,   however  that members who first join the New York state and local police   and fire retirement system on or after January first, two  thousand  ten   shall  not  be subject to the provisions of this article. In such event,   the provisions of article eleven and article twenty-two of this  chapter   shall  continue  to be applicable to such participating employer and its   employees, as  provided  in  section  four  hundred  fifty-one  of  this   chapter.  If,  as  a  result  of  actuarial  experience, such employer's   contribution rate should increase to the extent that it is not at  least   one  percent  lower than the contribution rate under this article, then,   upon certification of such fact by the comptroller,  the  provisions  of   this  subdivision shall no longer apply with respect to the employees of   such employer who thereafter first join or rejoin  a  public  retirement   system.d.  The  provisions  of  this article shall not be construed to extend   coverage to an employee who would not have been, if employed in the same   capacity on June thirtieth, nineteen hundred seventy-six,  eligible  for   membership  in the retirement system involved, or to provide an increase   in benefits to a member of a retirement system other than as provided by   sections five hundred six, five hundred seven, five  hundred  eight  and   five hundred nine of this article.e.  Notwithstanding  any other provision of law, any person who is not   required to become a member of a public retirement system of  the  state   by  subdivision  b  of  this section but who became a member on or after   July first, nineteen hundred seventy-six may terminate  such  membership   by  filing  a  written  notice  of  termination  with  the  head  of the    retirement system of which he is a  member  on  or  before  July  first,   nineteen hundred seventy-seven.f.  Notwithstanding  the  provisions of subdivision a of this section,   members who were employed by the New York city board  of  education  and   assigned  during the first fifteen days of the school term to a position   which is expected to be vacant for that term and who  were  employed  in   one  of the three school years immediately prior to July first, nineteen   hundred seventy-six in a position which did not entitle  them  to  apply   for  membership  in  a public retirement system who first joined the New   York city teachers' retirement  system  subsequent  to  June  thirtieth,   nineteen  hundred  seventy-six  shall  have all the rights, benefits and   privileges applicable to employees who were members of  such  system  on   June  thirtieth, nineteen hundred seventy-six provided they make written   application, duly executed and filed with the New  York  city  teachers'   retirement board prior to July first, nineteen hundred eighty-nine.g.  Notwithstanding  the  provisions of subdivision a of this section,   members who were employed by the New York city  board  of  education  as   regular  substitute  teachers when assigned as such and members who were   employed by the New York city board of education and assigned during the   school year to a position which was  expected  to  be  vacant  for  that   school  year, such members having been employed for a period of not less   than twenty school days during such school year in a position which  did   not  entitle  them to apply for membership in a public retirement system   who first joined the New York city teachers' retirement  system  or  the   New York state teachers' retirement system subsequent to June thirtieth,   nineteen  hundred  seventy-six  shall  have all the rights, benefits and   privileges to which they would have  been  entitled  had  their  current   membership  begun on the date their original service commenced, provided   they  make  written  application,  duly  executed  and  filed  with  the   retirement system in which they are members on or before June thirtieth,   two  thousand  three. Any member of a teachers' retirement system who is   entitled by reason of this chapter to have all the rights, benefits  and   privileges  of a member of such system as of a date prior to July first,   nineteen hundred seventy-six shall not be entitled to a  refund  of  any   contributions  made  to  such system prior to the effective date of this   subdivision pursuant to this article or article fifteen of this chapter.