NY Educ L § 183 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 3 - Education Department Part 5 - Education Department Optional Retirement Program 183 - Election.

§ 183. Election.  1.  Election  of  the  education department optional retirement program. (a) Each eligible employee initially appointed on or after July first, nineteen hundred  sixty-eight,  shall,  within  thirty days  of  his  entry into service, elect (i) to join either the New York state teachers' retirement system  or  the  New  York  state  employees' retirement  system  in  accordance with the provisions of law applicable thereto or (ii) to elect the education  department  optional  retirement program  established  pursuant  to  this  part  V  of this article. Each eligible employee employed  by  the  department  prior  to  July  first, nineteen  hundred  sixty-eight  shall  make  such  election on or before December fourth, nineteen hundred sixty-eight. Any such  election  shall be  effective  as of the date of entry into service with the department, except  that  with  respect  to  those  eligible  employees   possessing contracts  which  may  legally  be  continued  under  this  part and who initially  entered  into  service  with  the  department  prior  to  the effective date of this part, the deferred election shall be effective as of the effective date of this part.  (b)  In  the  event  an eligible employee fails to make an election as provided in paragraph (a) of this subdivision, he  shall  be  deemed  to have  elected  membership  in  the  New  York state teachers' retirement system. Such membership shall be effective as of the date of entry  into service with the department.  (c)  The amount, if any, required to be contributed by any employee in accordance with an election, a deferred election or a failure  to  elect pursuant  to paragraph (a) or paragraph (b) of this subdivision shall be collected by payroll deductions in such manner as may be provided by the state comptroller for those persons electing  the  education  department optional  retirement program, or in the case of membership in either the New York state employees'  retirement  system  or  the  New  York  state teachers'  retirement  system, by such retirement system. Nothing herein contained shall be construed to authorize  or  require  payment  by  the state  of  contributions  on  account  of services rendered prior to the effective date of this part by eligible employees who  at  the  time  of their  employment  with the department chose to continue, on a voluntary basis, coverage similar to that conferred by this  part,  but  shall  be construed   to  authorize  continuation  of  such  contracts  after  the effective date of this part, subject to  rules  and  regulations  to  be established by the commissioner.   2.  Ineligibility  for  retirement system membership. Any employee who elects the education department optional  retirement  program  shall  be ineligible  for  membership  in  either  the  New  York state employees' retirement system or the New York state teachers' retirement  system  so long as he shall remain employed in the department and shall continue in the education department optional retirement program.   3.  (a)  Any  eligible employee who is a member of either the New York state employees' retirement system  or  the  New  York  state  teachers' retirement  system at the time he elects the optional retirement program established pursuant to this part shall be deemed to  be  a  person  who discontinues  service  on  the  effective date of such election, for the purpose of determining his eligibility for rights and benefits in either such system; provided,  however,  that  if  he  does  not  withdraw  his accumulated  contributions  (i) his continued service with the education department while under the optional retirement program shall  be  deemed to  be member service in either the New York state employees' retirement system or the New York state teachers' retirement system for the purpose of determining his eligibility  for  any  vested  retirement  allowance, retirement  allowance or ordinary death benefit under either 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  he  or  his  estate  or  person designated  by him may become entitled under either such system shall be computed  only  on  the  basis  of  service  otherwise creditable to him therein and his compensation during such service.  (b) Electing employees and their beneficiaries shall not  be  entitled to  any  right  or  benefit  under  either the New York state employees' retirement system or the New  York  state  teachers'  retirement  system other  than  a  vested  retirement  allowance,  retirement  allowance or ordinary death benefit to the extent  expressly  provided  for  in  this section.   4. (a) Subdivision two of this section shall not apply to any eligible employee  who  has  elected the education department optional retirement program and after June thirtieth,  two  thousand  two,  renders  service which  is  creditable in the New York state teachers' retirement system, other than service for which a contribution is  made  to  the  education department optional retirement program.  (b) Subdivision three of this section shall not apply to any member of the  New  York state teachers' retirement system who, after joining such system, elects the education department optional retirement program.  (c) Anything in subdivision three of this section notwithstanding, any eligible employee who is a  member  of  the  New  York  state  teachers' retirement  system  and  had  elected  the education department optional retirement program prior to July first, two  thousand  two,  may  obtain credit  for service, other than service for which a contribution is made to the  education  department  optional  retirement  program,  which  is creditable  in  such  system, was rendered after such member had elected the education department optional retirement program, and  was  rendered between  December first, nineteen hundred ninety-one and June thirtieth, two thousand two, provided (i) such member has rendered  at  least  five years  of  service credited with the New York state teachers' retirement system at the time such service is credited, and (ii)  in  the  case  of such  member subject to the provisions of article fourteen or fifteen of the retirement and social security law,  the  member  contributes  three percent  of  the wages earned for such service together with interest at the rate of five percent per annum compounded annually from the date  of such service until payment is made.  (d)  Anything  in this subdivision four notwithstanding, service as an eligible employee for which a contribution  is  made  to  the  education department   optional  retirement  program  shall  neither  entitle  any eligible employee to  join  or  rejoin  the  New  York  state  teachers' retirement system nor be creditable in such system.