N.Y. Retirement & Social Security Law § 340: Membership of the police and fire retirement system

§ 340. Membership of the police and fire retirement system. a. After

the effective date of this article, each person who becomes a member of

the New York state and local police and fire retirement system shall

file a duly executed application with the comptroller. Such application

shall contain:

1. A detailed statement of all such person's service, and

2. A statement that he consents and agrees to membership and to the

contributions prescribed by this article.

b. Membership in the police and fire retirement system shall be

mandatory for the following:

1. Police officers and firefighters now employed or hereafter

appointed by an employer.

2. Police officers and firefighters now employed or hereafter

appointed by a participating employer in a position in the classified

civil service, other than in a position in the exempt class, and who is

not eligible to become a member of a local pension system. The employers

of such police officers and firefighters shall pay into the pension

accumulation fund the amount required to pay the accrued liability on

account of such police officers and firefighters, as computed by the

actuary. Such payments shall be made in such installments as the

comptroller shall require.

* 3. LIRR police officers as defined in paragraph two of subdivision a

of section three hundred eighty-nine of this article who become such on

or after the effective date of section three hundred eighty-nine of this

article.

* NB Effective the first day of the calendar month following receipt

by the comptroller of the election by The Long Island Rail Road Company

4. Fire chief-airport, firefighters-airport, and fire

captains-airport, employed by Monroe county who enter such employment

after their employer has elected participation in the New York state and

local police and fire retirement system.

5. Aircraft rescue firefighters employed by the Niagara frontier

transportation authority who enter such employment after their employer

has elected participation in the New York state and local police and

fire retirement system.

c. The following may become members of the police and fire retirement

system:

* 1. Police officers and firefighters in the service of a public or

quasi-public organization if their employer has elected to participate

as provided in section three hundred thirty-one of this article.

* NB Effective until the first day of the calendar month following

receipt by the comptroller of the election by The Long Island Rail Road

Company

* 1. Police officers and firefighters in the service of a public or

quasi-public organization, if their employer has elected to participate

as provided in section three hundred thirty-one of this article,

including each LIRR police officer as defined in paragraph two of

subdivision a of section three hundred eighty-nine of this article who

is such on the effective date of such section three hundred eighty-nine

and who files an election with the comptroller in accordance with

subdivision a of this section within ninety days after the effective

date of section three hundred eighty-nine of this article. Such an

election by a LIRR police officer shall be effective as of such

effective date and shall be a waiver of any and all rights such officer

may have had to benefits under any pension plan sponsored by The Long

Island Rail Road Company other than the retirement plan provided for in

section three hundred eighty-nine of this article.

* NB Effective the first day of the calendar month following receipt

by the comptroller of the election by The Long Island Rail Road Company

2. Officers and employees of the federal government who have at least

five years of member service credit at the time they become federal

officers or employees may continue as contributing members. The

provisions of this paragraph shall not affect the membership of officers

and employees of the federal government heretofore commenced or

continued hereunder, provided, however, that all memberships hereunder

shall be conditioned upon the receipt by the police and fire retirement

system of the payments required by section three hundred forty-two of

this article.

2-a. Fire chief-airport, firefighters-airport, and fire

captains-airport who are employed with the county of Monroe at the time

that their employer elects participation in the New York state and local

police and fire retirement system. Such employees shall have one year

from the date the employer elects to provide such participation to make

application for membership in such retirement system and upon filing

such an election shall be transferred to the New York state and local

police and fire retirement system notwithstanding the provisions of

section three hundred forty-three of this title. Upon request for a

transfer of credit, the reserve on such member's benefits shall be

determined by the actuary and shall be transferred from the appropriate

fund of the first system to the appropriate fund of the second system.

Monroe county employees transferred pursuant to this paragraph must

serve one year under the new plan before they may receive a greater

service retirement benefit than they would have received had they not

transferred to such new plan.

2-b. Aircraft rescue firefighters employed by the Niagara frontier

transportation authority at the time that their employer elects

participation in the New York state and local police and fire retirement

system. Such employees shall have one year from the date the employer

elects to provide such participation to make application for membership

in such retirement system and upon filing such an election shall be

transferred to the New York state and local police and fire retirement

system notwithstanding the provisions of section three hundred

forty-three of this title. Upon request for a transfer of credit, the

reserve on such member's benefits shall be determined by the actuary and

shall be transferred from the appropriate fund of the first system to

the appropriate fund of the second system. Notwithstanding the foregoing

provisions of this paragraph, the portion of the reserves from the first

system that consists of member contributions and applicable interest

shall not be refunded and shall not be considered excess contributions,

and such portion shall be used toward payment of any past service costs

arising under this section. Niagara frontier transportation authority

employees transferred pursuant to this paragraph must serve one year

under the new plan before they may receive a greater service retirement

benefit than they would have received had they not transferred to such

new plan.

3. Notwithstanding any inconsistent provision of subdivision e of this

section, or of this chapter or of any other law, an officer or employee

in the service of the state or of a participating employer who, at the

time of entering such service, was or is entitled to benefits by any

other pension or retirement system maintained by the state or a

political subdivision thereof, provided such benefits, exclusive of any

annuity based solely on his or her own contributions and interest

thereon, are suspended during his or her active membership in the police

and fire retirement system. He or she shall contribute to the retirement

system as a new member.

d. A member, discontinued from police or fire service because the

office in which he was employed was transferred to:

1. The federal government, or

2. Any public authority or public corporation organized pursuant to

the laws of this state and which is not a participating employer,

may file a written election with the comptroller stating that he or she

elects to continue as a member. Such election shall be subject to the

approval of the comptroller and such continuance shall be conditioned

upon the receipt by the police and fire retirement system of the

payments required by section three hundred forty-two of this article.

e. Any person who is or may be entitled to benefits by any other law

providing for pensions and annuities for civil service employees, wholly

or partly at the expense of the state or of a political subdivision

thereof, shall not be a member of the police and fire retirement system.

This provision, however, shall not:

1. Affect the membership of any person who was a member of the New

York state and local employees' retirement system on April first,

nineteen hundred sixty-seven and who became a member of the police and

fire retirement system after such date.

2. Exclude from membership any person paid a salary from two or more

sources, each of which entitles him to membership in a retirement

system.

3. Exclude from membership any person holding office pursuant to

appointment by the governor by and with the advice and consent of the

senate, who at the time of such appointment would otherwise be entitled

to a retirement allowance wholly or partly at the expense of the state

or of a political subdivision thereof.

4. Exclude from membership any person who is or may become eligible

for old-age and survivors insurance benefits pursuant to the provisions

of this chapter except where his position was or is excluded from

eligibility for membership in this retirement system in order to extend

old-age and survisors insurance coverage to it and such eligibility

shall not have been restored.

f. Termination of membership. Membership in the police and fire

retirement system shall cease upon the occurrence of any one of the

following conditions:

1. When seven years have elapsed since a member has performed police

and/or fire service provided, however, that no part of such seven year

period shall run during such time as a member, with at least five years

of member service credit, shall serve as an officer or employee of the

federal government or the United Nations or other international

organizations of which the United States of America is a member.

2. When a member shall die.

3. When a member shall retire.

4. When a member shall have withdrawn all or part of his accumulated

contributions. Acceptance by a member of a refund of excess

contributions pursuant to the provisions of any section of this article

or borrowing from his fund in the retirement system pursuant to section

three hundred fifty of this article shall not terminate his membership.

Acceptance of such a refund of excess contributions by a member entitled

to a vested retirement allowance pursuant to section three hundred

seventy-six of this chapter shall not terminate his right to such vested

retirement allowance nor shall acceptance by him of a refund of the

amount of his contributions and regular interest thereon which is in

excess of the amount of the accumulated contributions which he would

then have to his credit had he been contributing on the basis of his

rate of normal contribution terminate his right to such vested

retirement allowance.

5. When a member who has not attained eligibility for a retirement

allowance or a vested retirement allowance has discontinued service with

the state or a participating employer for a period of at least thirty

consecutive days and has requested termination of membership on a form

prepared by the comptroller for such purpose by filing such form with

the comptroller. If such person subsequently rejoins the retirement

system within five years from the date he discontinued service with the

state or a participating employer, such person shall be entitled to

every retirement right, benefit and privilege which would have been

available to him had he reentered employment on the date of such

discontinuance from service.

g. As to any class of persons whose compensation is only partly paid

by the state or a participating employer or who are serving on a

temporary or other than per annum basis, the comptroller in his

discretion, may:

1. Deny the right to become members, or

2. Make optional the individual entrance of those whose membership

otherwise would be mandatory.