2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 600 - Application.

§ 600. Application. a. Notwithstanding any other provision of law, 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, except the following:
1.  Members of the New York state and local police and fire retirement
system;
2. (a) Members in the uniformed personnel in  institutions  under  the
jurisdiction  of the department of corrections and community supervision
of New York state, other than certain persons as defined in this section
or the New York city department of correction.
(b) For purposes of this paragraph, certain persons means either:
(i) a person who is appointed to the title of superintendent, who  has
had  at least seven years of service credited toward the retirement plan
established pursuant to this article while employed by the department of
corrections and community supervision and who elects the retirement plan
established pursuant to this article within ninety days of  his  or  her
appointment.  Such  election shall be in writing, shall be duly executed
and filed with the comptroller and shall be irrevocable as long as  such
person is in the title of superintendent; or
(ii)  a  person  who serves in the title of superintendent as of April
first, two thousand six, who has had at least  seven  years  of  service
credited toward the retirement plan established pursuant to this article
while   employed   by   the  department  of  corrections  and  community
supervision and who elects the retirement plan established  pursuant  to
this  article  on  or before September thirtieth, two thousand six. Such
election shall be in writing, shall be duly executed and filed with  the
comptroller  and  shall  be irrevocable as long as such person is in the
title of superintendent.
(c) Any person in the title of superintendent who is eligible to  make
an  election  as  described  in  this section but who does not make such
election, shall remain a member of  the  retirement  plan  that  persons
appointed  to the title of superintendent join who do not meet the above
criteria.
3. Members of the New York city police pension fund or  the  New  York
city fire department pension fund;
4. Members qualified for participation in the uniformed transit police
force  plan or housing police force plan in the New York city employees'
retirement system;
5. Investigator members of the New  York  city  employees'  retirement
system; and
6.  Members  of the uniformed force of the New York city department of
sanitation who join or rejoin a public retirement system of the state on
or after April first, two thousand twelve.
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 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 except that, notwithstanding any other provision of law,
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 the 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 and 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;
1-a. 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 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 except that, notwithstanding any other provision of law,
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 the 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 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 paragraph 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  paragraph  pursuant  to  this  article or article fourteen of this
chapter;
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 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; and
(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   eighty-three   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. 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.