2023 New York Laws › EDN - Education › Title 7 - State and City Colleges and Institutions-Cornell University › Article 125-A - Board of Higher Education Optional Retirement Program › 6253 - Election.

§ 6253. Election.  1. Election of the optional retirement program. (a)
Each eligible employee initially appointed on  or  after  the  effective
date  of  the  election  to  offer such program established by the board
shall, within thirty days of his entry into service, elect (i)  to  join
the  New  York  city  teachers' retirement system in accordance with the
provisions of law applicable thereto, or  (ii)  to  elect  the  optional
retirement  program  established  pursuant  to  this  article;  provided
however, that such persons initially appointed on or after the effective
date of the election to offer such program may defer such election until
the ninetieth day following such effective date of the election to offer
such program established by the board. Any such deferred election  shall
be effective as of the date of entry into service.
(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  City teachers' retirement
system. Such membership shall be effective as of the date of entry  into
service.
(c)  The  amount,  if  any,  required  to have been contributed by any
employee in accordance with an election, a deferred election or  failure
to  elect  pursuant to paragraph (a) or (b) of this subdivision shall be
collected by payroll deductions in such manner as may be provided by the
comptroller for those persons electing the optional retirement  program,
or  in  the case of membership in the New York city teachers' retirement
system, by the retirement system.
(d) Eligible employees appointed before  the  effective  date  of  the
election to offer such program may elect the optional retirement program
established  pursuant to this article. Such election shall be made on or
before the ninetieth day following the effective date of such offer, and
shall become effective on or  as  of  the  first  day  of  January  next
following the effective date of such offer.
(e) Any employee who becomes eligible to elect the optional retirement
program   by   reason   of   his  appointment,  promotion,  transfer  or
reclassification  to  an  eligible  position  may  elect  the   optional
retirement  program  established pursuant to this article. Such election
shall be made within  thirty  days  after  notice  in  writing  to  such
employee  of  his eligibility, and shall become effective on the date of
such election, except  that  in  no  case  shall  such  election  become
effective prior to the first day of January next following the effective
date of the offer of such program.
(f)  No  election  by  an eligible employee of the optional retirement
program shall  be  effective  unless  it  shall  be  accompanied  by  an
appropriate  application, where required, for the issuance of a contract
or contracts under the program.
2. Ineligibility for retirement system membership.  Any  employee  who
elects   the   optional  retirement  program  shall  be  ineligible  for
membership in the New York city teachers' or New  York  city  employees'
retirement  system  so  long as he shall remain continuously employed in
any position by the board and shall continue in the optional  retirement
program.
3.  (a)  Any  eligible  employee  of  the  board  who  is  a member or
transferred  contributor  of  either  the  New  York   city   employees'
retirement  system  or  the New York city teachers' retirement system at
the time he elects the optional retirement program offered by the  board
pursuant  to  this article shall be deemed to be a person who terminates
membership 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 at the city university shall be

deemed  to  be  member  service  in  either the New York city employees'
retirement system or the New York city teachers' retirement  system  for
the  purpose of determining his eligibility for any 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  city  employees'
retirement system or the New York city teachers' retirement system other
than  a  retirement  allowance  or  ordinary death benefit to the extent
expressly provided for in this  section.  Such  employee  shall  not  be
eligible for any benefit pursuant to section B3-36.0, subdivision two or
section  B3-36.0,  subdivision  three  of the administrative code of the
city of New York or section two hundred forty-five of the military law.