N.Y. Education Law § 6253: Election

§ 6253. Election. 1. Election of the optional retirement program. (a)

Each eligible employee initially appointed on or after the effective

date of the election to offer such program established by the board

shall, within thirty days of his entry into service, elect (i) to join

the New York city teachers' retirement system in accordance with the

provisions of law applicable thereto, or (ii) to elect the optional

retirement program established pursuant to this article; provided

however, that such persons initially appointed on or after the effective

date of the election to offer such program may defer such election until

the ninetieth day following such effective date of the election to offer

such program established by the board. Any such deferred election shall

be effective as of the date of entry into service.

(b) In the event an eligible employee fails to make an election as

provided in paragraph (a) of this subdivision, he shall be deemed to

have elected membership in the New York City teachers' retirement

system. Such membership shall be effective as of the date of entry into

service.

(c) The amount, if any, required to have been contributed by any

employee in accordance with an election, a deferred election or failure

to elect pursuant to paragraph (a) or (b) of this subdivision shall be

collected by payroll deductions in such manner as may be provided by the

comptroller for those persons electing the optional retirement program,

or in the case of membership in the New York city teachers' retirement

system, by the retirement system.

(d) Eligible employees appointed before the effective date of the

election to offer such program may elect the optional retirement program

established pursuant to this article. Such election shall be made on or

before the ninetieth day following the effective date of such offer, and

shall become effective on or as of the first day of January next

following the effective date of such offer.

(e) Any employee who becomes eligible to elect the optional retirement

program by reason of his appointment, promotion, transfer or

reclassification to an eligible position may elect the optional

retirement program established pursuant to this article. Such election

shall be made within thirty days after notice in writing to such

employee of his eligibility, and shall become effective on the date of

such election, except that in no case shall such election become

effective prior to the first day of January next following the effective

date of the offer of such program.

(f) No election by an eligible employee of the optional retirement

program shall be effective unless it shall be accompanied by an

appropriate application, where required, for the issuance of a contract

or contracts under the program.

2. Ineligibility for retirement system membership. Any employee who

elects the optional retirement program shall be ineligible for

membership in the New York city teachers' or New York city employees'

retirement system so long as he shall remain continuously employed in

any position by the board and shall continue in the optional retirement

program.

3. (a) Any eligible employee of the board who is a member or

transferred contributor of either the New York city employees'

retirement system or the New York city teachers' retirement system at

the time he elects the optional retirement program offered by the board

pursuant to this article shall be deemed to be a person who terminates

membership on the effective date of such election, for the purpose of

determining his eligibility for rights and benefits in either such

system; provided, however, that if he does not withdraw his accumulated

contributions, (i) his continued service at the city university shall be

deemed to be member service in either the New York city employees'

retirement system or the New York city teachers' retirement system for

the purpose of determining his eligibility for any retirement allowance

or ordinary death benefit under either 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 he or his estate or person designated by him

may become entitled under either such system shall be computed only on

the basis of service otherwise creditable to him therein and his

compensation during such service.

(b) Electing employees and their beneficiaries shall not be entitled

to any right or benefit under either the New York city employees'

retirement system or the New York city teachers' retirement system other

than a retirement allowance or ordinary death benefit to the extent

expressly provided for in this section. Such employee shall not be

eligible for any benefit pursuant to section B3-36.0, subdivision two or

section B3-36.0, subdivision three of the administrative code of the

city of New York or section two hundred forty-five of the military law.