2023 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.