N.Y. Retirement & Social Security Law § 45: Right to membership

§ 45. Right to membership. Upon the employment of any employee whose

right to membership in a public retirement system of the state, which

for purposes of this section shall include any public retirement system

other than the New York state teachers' retirement system, has been made

optional by the head of the retirement system involved, the employer

shall inform the employee in writing of the right to join the system.

Each such employee shall acknowledge the receipt of such notice by

signing a copy thereof and filing it with such employer; provided,

however, the failure to inform such employee shall not in any way be

construed to waive the requirement that membership for such an employee

commences only when an application for membership is filed with the

system, nor shall it be construed to waive any of the eligibility

requirements for previous service credit.