N.Y. Education Law § 396: Employer not liable for payment of benefits

§ 396. Employer not liable for payment of benefits. Neither the

state, nor state university, nor any electing employer or its local

sponsor shall be a party to any contract purchased in whole or in part

with contributions made under the optional retirement program

established and administered pursuant to this article. No retirement,

death, or other benefits shall be payable by the state, or by state

university, or by any electing employer or its local sponsor under such

optional retirement program. Such benefits shall be paid to electing

employees or their beneficiaries by the designated insurer or insurers

in accordance with the terms of their contracts.