N.Y. Retirement & Social Security Law § 440: Application

§ 440. Application. a. Notwithstanding any other provision of law, but

subject to the provisions of subdivisions c and d of this section, the

provisions and limitations of this article shall apply, as may be

appropriate, to all members who join or rejoin a public retirement

system of the state or of a municipality thereof, and to all employees

who would be eligible to join such a retirement system but in lieu

thereof elected an optional retirement program to which their employers

are thereby required to contribute, on or after July first, nineteen

hundred seventy-three, but prior to July first, nineteen hundred

seventy-six. In the event that there is a conflict between the

provisions of this article and the provisions of any other law or code,

the provisions of this article shall govern.

b. The provisions of this article shall not be construed to extend

coverage to an employee not otherwise eligible for membership in a

retirement system or to provide an increase in benefits to a member of a

retirement system other than as provided by section four hundred

forty-five-d, or section four hundred forty-five-f, or section four

hundred forty-five-h or section four hundred forty-eight of this

article.

c. Notwithstanding any other provision of law, the provisions and

limitations of this article shall apply, as may be appropriate, to all

police officers and firefighters who last joined a public retirement

system of the state or a municipality thereof, on or after July first,

nineteen hundred seventy-six, but prior to July first, two thousand

nine, and all employees subject to the provisions of article twenty-two

of this chapter; provided, however, that in the case of a conflict

between the provisions of this article and article twenty-two of this

chapter, the provisions of article twenty-two shall be controlling.

d. Notwithstanding the provisions of subdivision a of this section,

members who were employed by the New York city board of education and

assigned during the first fifteen days of the school term to a position

which is expected to be vacant for that term and who were employed in

one of the three school years immediately prior to July first, nineteen

hundred seventy-three in a position which did not entitle them to apply

for membership in a public retirement system and who first joined the

New York city teachers' retirement system subsequent to June thirtieth,

nineteen hundred seventy-three but prior to June thirtieth, nineteen

hundred seventy-six shall have all the rights, benefits and privileges

applicable to employees who were members of such system on June

thirtieth, nineteen hundred seventy-three provided they make written

application, duly executed and filed with the New York city teachers'

retirement board prior to July first, nineteen hundred eighty-nine.

d-1. Notwithstanding the provisions of subdivision a of this section,

members who were employed by the New York city board of education as

regular substitute teachers when assigned as such and members who were

employed by the New York city board of education and assigned during the

school year to a position which was expected to be vacant for that

school year, such members having been employed for a period of not less

than twenty school days during such school year in a position which did

not entitle them to apply for membership in a public retirement system

and who first joined the New York city teachers' retirement system or

the New York state teachers' retirement system prior to June thirtieth,

nineteen hundred seventy-six shall have all the rights, benefits and

privileges to which they would have been entitled had their current

membership begun on the date their original service commenced, provided

they make written application, duly executed and filed with the

retirement system in which they are members on or before June thirtieth,

two thousand three.

e. Notwithstanding any other provision of law to the contrary, the

provisions and limitations of this article shall apply, as may be

appropriate, to all investigator members of the New York city employees'

retirement system who last joined such retirement system on or after

July first, nineteen hundred seventy-six, and prior to the effective

date of the chapter of the laws of two thousand twelve which amended

this subdivision.