NY Ret & SS L § 440 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 11 - Limitations Applicable to New Entrants 440 - Application.

§ 440. Application. a. Notwithstanding any other provision of law, but   subject  to  the provisions of subdivisions c and d of this section, the   provisions and limitations of  this  article  shall  apply,  as  may  be   appropriate,  to  all  members  who  join  or rejoin a public retirement   system of the state or of a municipality thereof, and to  all  employees   who  would  be  eligible  to  join  such a retirement system but in lieu   thereof elected an optional retirement program to which their  employers   are  thereby  required  to  contribute, on or after July first, nineteen   hundred  seventy-three,  but  prior  to  July  first,  nineteen  hundred   seventy-six.  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.  The  provisions  of  this article shall not be construed to extend   coverage to an employee not  otherwise  eligible  for  membership  in  a   retirement system or to provide an increase in benefits to a member of a   retirement  system  other  than  as  provided  by  section  four hundred   forty-five-d, or section four  hundred  forty-five-f,  or  section  four   hundred  forty-five-h  or  section  four  hundred  forty-eight  of  this   article.c. Notwithstanding any other provision  of  law,  the  provisions  and   limitations  of  this article shall apply, as may be appropriate, to all   police officers and firefighters who last  joined  a  public  retirement   system  of  the state or a municipality thereof, on or after July first,   nineteen hundred seventy-six, but prior  to  July  first,  two  thousand   nine,  and all employees subject to the provisions of article twenty-two   of this chapter; provided, however, that  in  the  case  of  a  conflict   between  the  provisions  of this article and article twenty-two of this   chapter, the provisions of article twenty-two shall be controlling.d. 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-three 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-three but prior  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-three  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.d-1.  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   and who first joined the New York city teachers'  retirement  system  or   the  New York state teachers' retirement system prior 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. e. Notwithstanding any other provision of law  to  the  contrary,  the   provisions  and  limitations  of  this  article  shall  apply, as may be   appropriate, to all investigator members of the New York city employees'   retirement system who last joined such retirement  system  on  or  after   July  first,  nineteen  hundred  seventy-six, and prior to the effective   date of the chapter of the laws of two  thousand  twelve  which  amended   this subdivision.