2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 5 - Right to Membership, Service Credit and Transfers Between Retirement Systems › 44 - Certain Local Pension System Credit for Compensation Received for Constitutional Convention Service.

§  44.  Certain  local pension system credit for compensation received
  for constitutional convention service.  a. Notwithstanding  anything  to
  the  contrary  contained  in  this chapter or any other general or local
  law, charter or code, any  person  who  while  a  delegate,  officer  or
  employee  of  the convention to revise and amend the constitution of the
  state in the year nineteen hundred sixty-seven was also a  member  of  a
  local pension system shall be entitled to elect to have the total salary
  or  wages paid to such delegate, officer or employee for such convention
  service cumulatively added to the salary or wages otherwise credited  to
  such  person  for such calendar year in the local pension system for all
  purposes. Such election shall be made  in  writing  to  this  retirement
  system  and  such local system on or before July first, nineteen hundred
  seventy.
b. Upon such election, the actuary of the state employee's  retirement
  system  shall determine the total value of all reserves to the credit of
  such member in the state employees' retirement system  as  a  result  of
  contributions  made  by  the  state  and  his contributions to the state
  employees' retirement  system  for  such  service,  if  any,  and  shall
  transfer  the  total  amount  thereof to the local pension system in the
  manner provided by section forty-three  of  the  retirement  and  social
  security law.
c.  After  such deposit and transfer, the actuary of the local pension
  system shall determine the total amount which would have  been  required
  to  be  paid  into  the appropriate funds of the local pension system by
  both the member and the municipality had such service been  rendered  to
  the  municipality.  From  such  total amount there shall be deducted the
  total amount of contribution and reserves  transferred  as  provided  in
  subdivision  b of this section. Any deficiency in the result so obtained
  shall be paid by the member into the appropriate account  and  funds  in
  the local pension system.
d.  Thereafter,  and upon payment of any additional contributions that
  may be required by subdivision c of this section, such member  shall  be
  entitled  to  all the rights, privileges, immunities, benefits, refunds,
  increases,   advances,   insurance,   pension,   annuities,   retirement
  allowances,  death benefits and options for such service under the local
  pension system in the same manner and to the  same  extent  as  if  such
  service had been creditable under such local pension system. Such member
  who  at  the time of such service as a delegate was a member of both the
  state employees' retirement system and of a local pension system and who
  later transferred, pursuant to section forty-three of this  chapter  the
  total amount of his contributions and reserves from the state employees'
  retirement  system  to  such  local system, shall in computing his final
  average salary in such local system be entitled to credit for  the  year
  nineteen  hundred  and  sixty-seven  for his total compensation received
  from the state,  from  the  convention  and  from  his  local  employer.
  Provided,  however,  that  service as such delegate, officer or employee
  shall not be used in computing the member's length of  service  for  the
  purpose of determining the amount of his retirement allowance.
e.  The  provisions  of  this section shall be available only to those
  members of a local pension system whose eligibility  for  retirement  is
  based  upon  attainment  of  a specified age, or thirty or more years of
  service.
f. The provision of this section shall be controlling, notwithstanding
  any provision of this chapter or any general, special, local law or city
  or village charter code, ordinance, resolution, rule  or  regulation  to
  the contrary.