N.Y. Education Law § 390: Definitions

§ 390. Definitions. Wherever used in this article:

1. The term "board" means the board of trustees of the state

university of New York.

2. The term "state university" means the state university of New York

and the term "community college" means a college established and

operated under article one hundred twenty-six of this chapter.

3. The term "eligible employees" means those employees in positions

requiring the performance of educational functions in teacher education,

agriculture, home economics, forestry, ceramics, liberal and applied

arts and sciences, engineering, technical skills, crafts, business

education, labor and industrial relations, medicine, dentistry,

veterinary medicine, pharmacy, nursing, law, public affairs, maritime

officer training, academic administration, library service, student

activities, student personnel service and other professions required to

carry on the work of the state university and the colleges, schools,

institutes, research centers, facilities and institutions comprising it

and of the community colleges. Such positions in the state university,

including those at the state colleges of agriculture, home economics,

veterinary medicine or industrial and labor relations, the state

agricultural experiment station at Geneva, or any other institution or

agency under the management and control of Cornell university as

representative of the board, and at the state college of ceramics under

the management and control of Alfred university as the representative of

the board, and such positions in the community colleges shall be those

certified to the board by the chancellor of state university as

requiring the performance of such functions. No person receiving a

benefit by reason of his retirement from any retirement or pension

system of New York state or any political subdivision thereof shall be

eligible to elect the optional retirement program.

3-a. Beginning July first, two thousand thirteen, the term "eligible

employees" shall also mean any person excluded from or not encompassed

within a negotiating unit within the meaning of article fourteen of the

civil service law who would otherwise be entitled to receive a benefit

under the retirement and social security law or the education law

initially hired on or after July first, two thousand thirteen with

estimated annual wages of seventy-five thousand per annum or greater.

Such estimate of annual wages to determine eligibility for the purposes

of this subdivision shall be provided by the employer. For the purposes

of this subdivision, a newly hired state employee whose immediate

preceding employment was with another department, division, or agency of

the state shall not be deemed to be an eligible employee.

4. The term "optional retirement program" means the retirement program

established pursuant to this article.

5. The term "electing employee" shall mean any eligible employee who

exercises his election pursuant to this article to come under the

optional retirement program.

6. The term "salary" means all amounts paid by or for the state as

compensation for services rendered by an eligible employee holding a

position with the state university or by or for a community college as

compensation for services rendered by an eligible employee holding a

position at such college.

7. The term "insurer" shall mean a life insurance corporation, or

other corporation subject to department of financial services

supervision.

8. The term "electing employer" means a community college which elects

to offer the optional retirement program as herein provided.

8-a. Beginning July first, two thousand thirteen, the term "electing

employer" shall also mean any public employer within the state of New

York that employs one or more employees who have elected to participate

in the optional retirement program established pursuant to this article.

9. The term "local sponsor" means any city, county, intermediate

school district, or school district approved by the board, sponsoring or

participating in the establishment or operation of a community college.