NY Ret & SS L § 600 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 600 - Application.

§ 600. Application. a. Notwithstanding any other provision of law, 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, except the following:   1.  Members of the New York state and local police and fire retirement system;   2. (a) Members in the uniformed personnel in  institutions  under  the jurisdiction  of the department of corrections and community supervision of New York state, other than certain persons as defined in this section or the New York city department of correction.  (b) For purposes of this paragraph, certain persons means either:  (i) a person who is appointed to the title of superintendent, who  has had  at least seven years of service credited toward the retirement plan established pursuant to this article while employed by the department of corrections and community supervision and who elects the retirement plan established pursuant to this article within ninety days of  his  or  her appointment.  Such  election shall be in writing, shall be duly executed and filed with the comptroller and shall be irrevocable as long as  such person is in the title of superintendent; or  (ii)  a  person  who serves in the title of superintendent as of April first, two thousand six, who has had at least  seven  years  of  service credited toward the retirement plan established pursuant to this article while   employed   by   the  department  of  corrections  and  community supervision and who elects the retirement plan established  pursuant  to this  article  on  or before September thirtieth, two thousand six. Such election shall be in writing, shall be duly executed and filed with  the comptroller  and  shall  be irrevocable as long as such person is in the title of superintendent.  (c) Any person in the title of superintendent who is eligible to  make an  election  as  described  in  this section but who does not make such election, shall remain a member of  the  retirement  plan  that  persons appointed  to the title of superintendent join who do not meet the above criteria.   3. Members of the New York city police pension fund or  the  New  York city fire department pension fund;   4. Members qualified for participation in the uniformed transit police force  plan or housing police force plan in the New York city employees' retirement system;   5. Investigator members of the New  York  city  employees'  retirement system; and   6.  Members  of the uniformed force of the New York city department of sanitation who join or rejoin a public retirement system of the state on or after April first, two thousand twelve.   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 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 except that, notwithstanding any other provision of law, 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 the 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 and 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;   1-a. 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 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 except that, notwithstanding any other provision of law, 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 the 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 and 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 paragraph 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  paragraph  pursuant  to  this  article or article fourteen of this chapter;   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 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; and  (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   eighty-three   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. 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.