2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 6 - Right to Membership, Service Credit and Transfers Between Retirement Systems › 340 - Membership of the Police and Fire Retirement System.

§  340.  Membership of the police and fire retirement system. a. After
  the effective date of this article, each person who becomes a member  of
  the  New  York  state  and local police and fire retirement system shall
  file a duly executed application with the comptroller. Such  application
  shall contain:
1. A detailed statement of all such person's service, and
2.  A  statement  that he consents and agrees to membership and to the
  contributions prescribed by this article.
b. Membership in the  police  and  fire  retirement  system  shall  be
  mandatory for the following:
1.   Police  officers  and  firefighters  now  employed  or  hereafter
  appointed by an employer.
2.  Police  officers  and  firefighters  now  employed  or   hereafter
  appointed  by  a  participating employer in a position in the classified
  civil service, other than in a position in the exempt class, and who  is
  not eligible to become a member of a local pension system. The employers
  of  such  police  officers  and  firefighters shall pay into the pension
  accumulation fund the amount required to pay the  accrued  liability  on
  account  of  such  police  officers and firefighters, as computed by the
  actuary. Such payments  shall  be  made  in  such  installments  as  the
  comptroller shall require.
* 3. LIRR police officers as defined in paragraph two of subdivision a
  of  section three hundred eighty-nine of this article who become such on
  or after the effective date of section three hundred eighty-nine of this
  article.
* NB Effective the first day of the calendar month  following  receipt
  by the comptroller of the election by The Long Island Rail Road Company
4.     Fire     chief-airport,    firefighters-airport,    and    fire
  captains-airport, employed by Monroe county who  enter  such  employment
  after their employer has elected participation in the New York state and
  local police and fire retirement system.
5.  Aircraft  rescue  firefighters  employed  by  the Niagara frontier
  transportation authority who enter such employment after their  employer
  has  elected  participation  in  the New York state and local police and
  fire retirement system.
c. The following may become members of the police and fire  retirement
  system:
* 1.  Police  officers  and firefighters in the service of a public or
  quasi-public organization if their employer has elected  to  participate
  as provided in section three hundred thirty-one of this article.
* NB  Effective  until  the  first day of the calendar month following
  receipt by the comptroller of the election by The Long Island Rail  Road
  Company
* 1.  Police  officers  and firefighters in the service of a public or
  quasi-public organization, if their employer has elected to  participate
  as  provided  in  section  three  hundred  thirty-one  of  this article,
  including each LIRR police  officer  as  defined  in  paragraph  two  of
  subdivision  a  of section three hundred eighty-nine of this article who
  is such on the effective date of such section three hundred  eighty-nine
  and  who  files  an  election  with  the  comptroller in accordance with
  subdivision a of this section within ninety  days  after  the  effective
  date  of  section  three  hundred  eighty-nine  of this article. Such an
  election by a  LIRR  police  officer  shall  be  effective  as  of  such
  effective  date and shall be a waiver of any and all rights such officer
  may have had to benefits under any pension plan sponsored  by  The  Long
  Island  Rail Road Company other than the retirement plan provided for in
  section three hundred eighty-nine of this article.
* NB Effective the first day of the calendar month  following  receipt
  by the comptroller of the election by The Long Island Rail Road Company
2.  Officers and employees of the federal government who have at least
  five years of member service credit at  the  time  they  become  federal
  officers   or  employees  may  continue  as  contributing  members.  The
  provisions of this paragraph shall not affect the membership of officers
  and  employees  of  the  federal  government  heretofore  commenced   or
  continued  hereunder,  provided, however, that all memberships hereunder
  shall be conditioned upon the receipt by the police and fire  retirement
  system  of  the  payments required by section three hundred forty-two of
  this article.
2-a.    Fire    chief-airport,    firefighters-airport,    and    fire
  captains-airport  who are employed with the county of Monroe at the time
  that their employer elects participation in the New York state and local
  police and fire retirement system. Such employees shall  have  one  year
  from  the date the employer elects to provide such participation to make
  application for membership in such retirement  system  and  upon  filing
  such  an  election  shall be transferred to the New York state and local
  police and fire retirement  system  notwithstanding  the  provisions  of
  section  three  hundred  forty-three  of  this title. Upon request for a
  transfer of credit, the reserve  on  such  member's  benefits  shall  be
  determined  by the actuary and shall be transferred from the appropriate
  fund of the first system to the appropriate fund of the  second  system.
  Monroe  county  employees  transferred  pursuant  to this paragraph must
  serve one year under the new plan before  they  may  receive  a  greater
  service  retirement  benefit  than they would have received had they not
  transferred to such new plan.
2-b. Aircraft rescue firefighters employed  by  the  Niagara  frontier
  transportation   authority  at  the  time  that  their  employer  elects
  participation in the New York state and local police and fire retirement
  system. Such employees shall have one year from the  date  the  employer
  elects  to provide such participation to make application for membership
  in such retirement system and upon filing  such  an  election  shall  be
  transferred  to  the New York state and local police and fire retirement
  system  notwithstanding  the  provisions  of   section   three   hundred
  forty-three  of  this  title. Upon request for a transfer of credit, the
  reserve on such member's benefits shall be determined by the actuary and
  shall be transferred from the appropriate fund of the  first  system  to
  the appropriate fund of the second system. Notwithstanding the foregoing
  provisions of this paragraph, the portion of the reserves from the first
  system  that  consists  of  member contributions and applicable interest
  shall not be refunded and shall not be considered excess  contributions,
  and  such portion shall be used toward payment of any past service costs
  arising under this section. Niagara  frontier  transportation  authority
  employees  transferred  pursuant  to  this paragraph must serve one year
  under the new plan before they may receive a greater service  retirement
  benefit  than  they would have received had they not transferred to such
  new plan.
3. Notwithstanding any inconsistent provision of subdivision e of this
  section, or of this chapter or of any other law, an officer or  employee
  in  the  service of the state or of a participating employer who, at the
  time of entering such service, was or is entitled  to  benefits  by  any
  other  pension  or  retirement  system  maintained  by  the  state  or a
  political subdivision thereof, provided such benefits, exclusive of  any
  annuity  based  solely  on  his  or  her  own contributions and interest
  thereon, are suspended during his or her active membership in the police
  and fire retirement system. He or she shall contribute to the retirement
  system as a new member.
d. A member, discontinued from police  or  fire  service  because  the
  office in which he was employed was transferred to:
1. The federal government, or
2.  Any  public  authority or public corporation organized pursuant to
  the laws of this state and which is not a participating employer,
  may file a written election with the comptroller stating that he or  she
  elects  to  continue  as a member. Such election shall be subject to the
  approval of the comptroller and such continuance  shall  be  conditioned
  upon  the  receipt  by  the  police  and  fire  retirement system of the
  payments required by section three hundred forty-two of this article.
e. Any person who is or may be entitled to benefits by any  other  law
  providing for pensions and annuities for civil service employees, wholly
  or  partly  at  the  expense  of the state or of a political subdivision
  thereof, shall not be a member of the police and fire retirement system.
  This provision, however, shall not:
1. Affect the membership of any person who was a  member  of  the  New
  York  state  and  local  employees'  retirement  system  on April first,
  nineteen hundred sixty-seven and who became a member of the  police  and
  fire retirement system after such date.
2.  Exclude  from membership any person paid a salary from two or more
  sources, each of which  entitles  him  to  membership  in  a  retirement
  system.
3.  Exclude  from  membership  any  person  holding office pursuant to
  appointment by the governor by and with the advice and  consent  of  the
  senate,  who at the time of such appointment would otherwise be entitled
  to a retirement allowance wholly or partly at the expense of  the  state
  or of a political subdivision thereof.
4.  Exclude  from  membership any person who is or may become eligible
  for old-age and survivors insurance benefits pursuant to the  provisions
  of  this  chapter  except  where  his  position  was or is excluded from
  eligibility for membership in this retirement system in order to  extend
  old-age  and  survisors  insurance  coverage  to it and such eligibility
  shall not have been restored.
f. Termination of  membership.  Membership  in  the  police  and  fire
  retirement  system  shall  cease  upon  the occurrence of any one of the
  following conditions:
1. When seven years have elapsed since a member has  performed  police
  and/or  fire  service provided, however, that no part of such seven year
  period shall run during such time as a member, with at least five  years
  of  member  service credit, shall serve as an officer or employee of the
  federal  government  or  the  United  Nations  or  other   international
  organizations of which the United States of America is a member.
2. When a member shall die.
3. When a member shall retire.
4.  When  a member shall have withdrawn all or part of his accumulated
  contributions.  Acceptance  by  a  member  of   a   refund   of   excess
  contributions  pursuant to the provisions of any section of this article
  or borrowing from his fund in the retirement system pursuant to  section
  three  hundred fifty of this article shall not terminate his membership.
  Acceptance of such a refund of excess contributions by a member entitled
  to a vested retirement  allowance  pursuant  to  section  three  hundred
  seventy-six of this chapter shall not terminate his right to such vested
  retirement  allowance  nor  shall  acceptance  by him of a refund of the
  amount of his contributions and regular interest  thereon  which  is  in
  excess  of  the  amount  of the accumulated contributions which he would
  then have to his credit had he been contributing on  the  basis  of  his
  rate   of  normal  contribution  terminate  his  right  to  such  vested
  retirement allowance.
5. When a member who has not attained  eligibility  for  a  retirement
  allowance or a vested retirement allowance has discontinued service with
  the  state  or  a participating employer for a period of at least thirty
  consecutive days and has requested termination of membership on  a  form
  prepared  by  the  comptroller for such purpose by filing such form with
  the comptroller. If such  person  subsequently  rejoins  the  retirement
  system  within five years from the date he discontinued service with the
  state or a participating employer, such  person  shall  be  entitled  to
  every  retirement  right,  benefit  and  privilege which would have been
  available to him had  he  reentered  employment  on  the  date  of  such
  discontinuance from service.
g.  As  to any class of persons whose compensation is only partly paid
  by the state or a  participating  employer  or  who  are  serving  on  a
  temporary  or  other  than  per  annum  basis,  the  comptroller  in his
  discretion, may:
1. Deny the right to become members, or
2. Make optional the individual entrance  of  those  whose  membership
  otherwise would be mandatory.