2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 4 - Participation in System by Political Subdivisions and Other Organizations › 30 - Participation by Municipalities.

§  30. Participation by municipalities. a. A municipality may elect to
participate in the retirement system. Such election shall  be  exercised
by  the  adoption of a resolution approved by its local legislative body
and any other body or officer required by law to approve  resolution  of
such local legislative body. Upon the filing of a certified copy of such
resolution with the comptroller, such election shall be irrevocable, and
the   municipality  shall  become  a  participating  employer,  subject,
however, to the conditions provided in this subdivision.
1. A municipality not participating in the retirement system prior  to
October  first, nineteen hundred fifty-three, and which has not provided
old-age and survivors insurance coverage for its employees, may, at  the
time  of  making  election  to participate, exclude from eligibility for
membership in the retirement system such class or classes of offices and
positions for which membership in the  retirement  system  is  not  made
mandatory  by  this  article,  as  the  municipality may specify in such
resolution. Participation by any such  municipality  which  may  exclude
from  eligibility  for membership any class or classes of its offices or
positions shall not become effective until such municipality shall  have
entered  into  an  agreement  to provide old-age and survivors insurance
coverage for such class or classes of offices or positions in the manner
and to the extent provided by article three of this chapter.
2. Any municipality participating in the retirement  system  prior  to
October  first,  nineteen hundred fifty-three, may, by the adoption of a
resolution in the manner herein provided and filed with the  comptroller
prior  to  the  time  such  municipality  makes  an agreement to provide
old-age and survivors insurance coverage for  its  employees,  elect  to
exclude  from  eligibility  for  membership in the retirement system any
class or classes of offices or positions for  which  membership  in  the
retirement  system  is not made mandatory by this article. Public notice
of the proposed adoption of any such resolution shall be given at  least
three  months  prior  to  the  adoption  thereof. Officers and employees
holding offices or positions in any  such  excluded  class  or  classes,
however,  who  are  members  of the retirement system at the time of the
filing of such resolution shall continue to be members of the retirement
system. Such resolution providing for such  exclusion  from  eligibility
for   membership   shall  not  become  effective,  however,  until  such
participating municipality shall  have  entered  into  an  agreement  to
provide  old-age  and  survivors  insurance  coverage  for  the class or
classes of  offices  or  positions  so  excluded  from  eligibility  for
membership  in  the  retirement  system  in the manner and to the extent
provided by article three of this chapter.
3. The power to exclude employees from eligibility for  membership  in
the retirement system pursuant to paragraph one or paragraph two of this
subdivision  a  shall  terminate  on  the  day  after  the  modification
extending the old-age and survivors insurance  system  to  any  position
covered  by  such  system  and  held  by  an  employee  of  a  political
subdivision of the state (exclusive of one  in  a  police  officer's  or
firefighter's position) is executed.
b. Participation by members of local pension systems.
1.  In  the  event  that  sixty per centum of the members of any local
pension system petition to become members  of  this  retirement  system,
their   participation   may  be  approved  in  the  manner  provided  by
subdivision a of this section.
2. As of the date such participation is approved:
(a) The operation of such local pension system shall be discontinued.
(b) The existing pensioners  and  annuitants  of  such  local  pension
system  shall  be  continued  and  paid  at their existing rates by this
retirement system.
(c) Any cash and securities to the credit of such local pension system
shall be transferred to this retirement system.
(d)  The  trustees  or other administrative head of such local pension
system shall certify the proportion, if any, of the funds of such system
that represents the accumulated contributions of  the  members  and  the
individual  shares of the members therein. Such shares shall be credited
to the respective annuity savings  accounts  of  such  members  in  this
retirement  system.  The  balance  of  the  funds so transferred to this
retirement system shall be offset against the liability  on  account  of
existing  pensioners,  annuitants  and  active  members.  The  resulting
liability so determined shall be the basis for the  rate  of  deficiency
contribution  of  such  county,  city,  town  or  village  as determined
pursuant to section twenty-three of this article.
c. Participation by a municipality  pursuant  to  this  section  shall
cover  all agencies of the government of such municipality including the
free public library, if  any,  of  such  municipality,  unless  separate
participation  by  any such agency or school district public library has
been approved pursuant to section thirty-one, thirty-one-a or thirty-two
of this article.