ยง 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.