N.Y. Retirement & Social Security Law § 500: Application

§ 500. Application. a. Notwithstanding any other provision of law,

except as otherwise provided in subdivisions c and f of this section,

the provisions of this article shall apply to all members who join or

rejoin a public retirement system of the state on or after July first,

nineteen hundred seventy-six and to all employees who would have been

eligible to join or rejoin such a retirement system on or after such

date but in lieu thereof elected an optional retirement program to which

their employers are thereby required to contribute. 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. Notwithstanding any other provision of this article to the

contrary, persons who on or after July first, nineteen hundred

seventy-six:

1. Enter the employment of a public employer which participates for

such employees in the New York city employees' retirement system, the

New York city teachers' retirement system, the New York city police

pension fund, article two, the New York city fire department pension

fund, article one-B, and the New York city board of education retirement

system shall be required to become members or shall be eligible or

ineligible for membership in such retirement system or pension fund in

the manner provided for by the relevant provisions of the New York city

administrative code and other relevant laws and rules and regulations.

2. Enter the employment of a public employer which participates for

such employees in the New York state teachers' retirement system shall

be required to become members or shall be eligible or ineligible for

membership in such retirement system in the manner provided for by the

relevant provisions of the New York state education law.

3. Enter the employment of a public employer which participates for

such employees in the New York state and local police and fire

retirement system shall be required to become members or shall be

eligible or ineligible for membership in such retirement system in the

manner provided for by the relevant provisions of this chapter.

4. Enter the employment of a public employer which participates for

such employees in the New York state employees' retirement system in

positions in which they shall work full time shall be required to become

members.

a. Provided, however, persons in the employ of such employers after

such date in positions in which they work less than full time shall be

permitted to become members of the New York state employees' retirement

system by filing an application therefor in the manner provided for by

section forty of this chapter.

b. Provided further that an employee of a county extension service

association or Cornell university appointed for the first time on or

after August first, nineteen hundred seventy-seven who holds a federal

cooperative appointment with the United States department of agriculture

as designated by the director of the New York state cooperative

extension service and who is eligible for participation in the federal

retirement system shall be excluded from membership in the state

employees' retirement system.

c. Provided further that any employee of a county extension service

association and any employee of Cornell university appointed for the

first time on or after July first, nineteen hundred seventy-six but on

or before July thirty-first, nineteen hundred seventy-seven, who holds a

state cooperative appointment as designated by the director of the New

York state cooperative extension service may elect to receive a federal

cooperative appointment in the manner provided for by the relevant

federal laws, rules and regulations and to participate in the federal

retirement system and discontinue his participation in the state

retirement system by filing a written notice of termination on or before

December thirty-first, nineteen hundred seventy-eight with the

comptroller. Any employee who is a member of the state employees'

retirement system at the time he or she elects coverage in the federal

retirement program shall be deemed to be a person who discontinues

service on the effective date of such election, for the purpose of

determining his or her eligibility for rights and benefits in such state

system; provided, however, that if he or she does not withdraw

accumulated contributions, (i) continued service with the county

extension service association or Cornell university while under the

federal retirement program shall be deemed to be member service in the

New York state employees' retirement system for the purpose of

determining eligibility for any vested retirement allowance, retirement

allowance or ordinary death benefit under such system dependent upon a

specified period of total service or upon attainment of a specified age

while in service or upon death while in service; and (ii) the amount of

any such benefit to which the person or his or her estate or person

designated by him or her may become entitled under either such system

shall be computed only on the basis of service otherwise creditable to

him or her therein and his or her compensation during such service.

Electing employees and their beneficiaries shall not be entitled to any

right or benefit under the New York state employees' retirement system

other than a vested retirement allowance, retirement allowance or

ordinary death benefit to the extent expressly provided for in this

chapter.

c. If the comptroller certifies that the contribution rate under this

article for any participating employer who is participating on the

effective date hereof would be at least one percent higher than the rate

which would be applicable to such employer for an employee who is

subject to article eleven of this chapter and who was hired prior to

July first, nineteen hundred seventy-six, the provisions of this article

shall not apply with respect to such participating employer, provided,

however that members who first join the New York state and local police

and fire retirement system on or after January first, two thousand ten

shall not be subject to the provisions of this article. In such event,

the provisions of article eleven and article twenty-two of this chapter

shall continue to be applicable to such participating employer and its

employees, as provided in section four hundred fifty-one of this

chapter. If, as a result of actuarial experience, such employer's

contribution rate should increase to the extent that it is not at least

one percent lower than the contribution rate under this article, then,

upon certification of such fact by the comptroller, the provisions of

this subdivision shall no longer apply with respect to the employees of

such employer who thereafter first join or rejoin a public retirement

system.

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

coverage to an employee who would not have been, if employed in the same

capacity on June thirtieth, nineteen hundred seventy-six, eligible for

membership in the retirement system involved, or to provide an increase

in benefits to a member of a retirement system other than as provided by

sections five hundred six, five hundred seven, five hundred eight and

five hundred nine of this article.

e. Notwithstanding any other provision of law, any person who is not

required to become a member of a public retirement system of the state

by subdivision b of this section but who became a member on or after

July first, nineteen hundred seventy-six may terminate such membership

by filing a written notice of termination with the head of the

retirement system of which he is a member on or before July first,

nineteen hundred seventy-seven.

f. 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-six in a position which did not entitle them to apply

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

York city teachers' retirement system subsequent 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-six 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.

g. 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

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

New York state teachers' retirement system subsequent 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. Any member of a teachers' retirement system who is

entitled by reason of this chapter to have all the rights, benefits and

privileges of a member of such system as of a date prior to July first,

nineteen hundred seventy-six shall not be entitled to a refund of any

contributions made to such system prior to the effective date of this

subdivision pursuant to this article or article fifteen of this chapter.