N.Y. Retirement & Social Security Law § 31-f: Participation by the Henry Viscardi school

* § 31-f. Participation by the Henry Viscardi school. a. The Henry

Viscardi school may, by resolution adopted by its board of trustees and

approved by the comptroller, elect to participate in the retirement

system. Acceptance of its employees for membership in the retirement

system shall be optional with the comptroller, who shall determine the

amounts of contribution payable by such employer and its employees,

shall resolve questions of credit for prior service, and shall in all

other respects assure that such employees share the same rights,

obligations and benefits as other members of the retirement system.

b. The officers and employees of such employer shall be credited with

such periods of prior service as shall be certified by such employer for

service rendered to it, or the state, or in any other capacity approved

by such employer and the comptroller. Service for such employer after

the date on which it commences to participate in the retirement system

shall be considered as member service. An officer or employee of such

employer who, as of the date he or she is so approved for membership in

the retirement system, is already a member thereof, shall not have his

or her total credit reduced by such approval. Any reserve held on

account of any such officer or employee in the pension accumulation fund

shall be used as an offset against the deficiency contribution payable

thereafter by such employer on account of such officer or employee for

any prior service credit and any such previous credit.

c. Notwithstanding the election by the Henry Viscardi School to

participate in the retirement system, employees of such employer, who

are employed by the employer prior to the effective date of this

section, shall have the option to continue participation in the employer

sponsored retirement plan. Provided, however, an employee, who exercises

the option to continue participation in the employer sponsored

retirement plan, shall not be entitled to be a member of the retirement

system. Such election shall be irrevocable.

* NB There are 2 § 31-f's