N.Y. Retirement & Social Security Law § 330: Participation by municipalities

§ 330. Participation by municipalities. a. Every municipality

(exclusive of those maintaining a local pension system for all its

police officers and firefighters) employing police officers and

firefighters must participate in the police and fire retirement system,

and such participation shall be irrevocable.

b. A municipality maintaining a local pension system for its police

officers and firefighters may elect to participate in the police and

fire retirement system upon the petition of sixty per centum of the

members of the local pension system for police officers and

firefighters. Such election shall be exercised by the adoption of a

resolution approved by its local legislative body and any other body or

officer required by law to approve resolution of such local legislative

body. Upon the filing of a certified copy of such resolution with the

comptroller, such election shall be irrevocable, and the municipality

shall become a participating employer. As of the date such participation

is approved:

1. The operation of such local pension system shall be discontinued.

2. The existing pensioners and annuitants of such local pension system

shall be continued and paid at their existing rates by the police and

fire retirement system.

3. Any cash and securities to the credit of such local pension system

shall be transferred to the police and fire retirement system.

4. The trustees or other administrative head of such local pension

system shall certify the proportion, if any, of the funds of such system

that represents the accumulated contributions of the members and the

individual shares of the members therein. Such shares shall be credited

to the respective annuity savings accounts of such members in this

retirement system. The balance of the funds so transferred to the police

and fire retirement system shall be offset against the liability on

account of existing pensioners, annuitants and active members. The

resulting liability so determined shall be the basis for the rate of

deficiency contribution of such county, city, town or village as

determined pursuant to section twenty-three of this article.

c. The county of Monroe, by resolution legally adopted by its

governing body filed with and approved by the comptroller, may elect to

have its fire chief-airport, firefighter-airport, and fire

captain-airport personnel in those titles designated by such governing

body, become eligible to participate in the New York state and local

police and fire retirement system. Upon such adoption, such county,

except as specifically provided in this article to the contrary, shall

thereafter be treated as a participating employer. Such resolution shall

provide for the payment by the county of any costs incurred for past

service credit as well as future cost occasioned by the county's

election under this subdivision; provided articles fourteen and fifteen

member contributions previously made by members of the New York state

and local employees' retirement system who will become members of the

New York state and local police and fire retirement system under this

section shall be transferred to the New York state and local police and

fire retirement system and used to offset the amount of past service

costs which would otherwise result. Further, the past service costs,

less such accumulated tiers 3 and 4 member contributions, shall be paid

over a ten year period at the rates of interest used in the actuarial

valuations covering the ten year period.

d. A participating employer's election of any retirement benefit for

members of the state and local police and fire retirement system shall

apply either to its police officers or its firefighters, as the case may

be.