N.Y. Retirement & Social Security Law § 44: Certain local pension system credit for compensation received for constitutional convention service

§ 44. Certain local pension system credit for compensation received

for constitutional convention service. a. Notwithstanding anything to

the contrary contained in this chapter or any other general or local

law, charter or code, any person who while a delegate, officer or

employee of the convention to revise and amend the constitution of the

state in the year nineteen hundred sixty-seven was also a member of a

local pension system shall be entitled to elect to have the total salary

or wages paid to such delegate, officer or employee for such convention

service cumulatively added to the salary or wages otherwise credited to

such person for such calendar year in the local pension system for all

purposes. Such election shall be made in writing to this retirement

system and such local system on or before July first, nineteen hundred

seventy.

b. Upon such election, the actuary of the state employee's retirement

system shall determine the total value of all reserves to the credit of

such member in the state employees' retirement system as a result of

contributions made by the state and his contributions to the state

employees' retirement system for such service, if any, and shall

transfer the total amount thereof to the local pension system in the

manner provided by section forty-three of the retirement and social

security law.

c. After such deposit and transfer, the actuary of the local pension

system shall determine the total amount which would have been required

to be paid into the appropriate funds of the local pension system by

both the member and the municipality had such service been rendered to

the municipality. From such total amount there shall be deducted the

total amount of contribution and reserves transferred as provided in

subdivision b of this section. Any deficiency in the result so obtained

shall be paid by the member into the appropriate account and funds in

the local pension system.

d. Thereafter, and upon payment of any additional contributions that

may be required by subdivision c of this section, such member shall be

entitled to all the rights, privileges, immunities, benefits, refunds,

increases, advances, insurance, pension, annuities, retirement

allowances, death benefits and options for such service under the local

pension system in the same manner and to the same extent as if such

service had been creditable under such local pension system. Such member

who at the time of such service as a delegate was a member of both the

state employees' retirement system and of a local pension system and who

later transferred, pursuant to section forty-three of this chapter the

total amount of his contributions and reserves from the state employees'

retirement system to such local system, shall in computing his final

average salary in such local system be entitled to credit for the year

nineteen hundred and sixty-seven for his total compensation received

from the state, from the convention and from his local employer.

Provided, however, that service as such delegate, officer or employee

shall not be used in computing the member's length of service for the

purpose of determining the amount of his retirement allowance.

e. The provisions of this section shall be available only to those

members of a local pension system whose eligibility for retirement is

based upon attainment of a specified age, or thirty or more years of

service.

f. The provision of this section shall be controlling, notwithstanding

any provision of this chapter or any general, special, local law or city

or village charter code, ordinance, resolution, rule or regulation to

the contrary.