(b) In the event an eligible employee fails to make an election as
provided in paragraph (a) of this subdivision, he shall be deemed to
have elected membership in the New York City teachers' retirement
system. Such membership shall be effective as of the date of entry into
service.
(c) The amount, if any, required to have been contributed by any
employee in accordance with an election, a deferred election or failure
to elect pursuant to paragraph (a) or (b) of this subdivision shall be
collected by payroll deductions in such manner as may be provided by the
comptroller for those persons electing the optional retirement program,
or in the case of membership in the New York city teachers' retirement
system, by the retirement system.
(d) Eligible employees appointed before the effective date of the
election to offer such program may elect the optional retirement program
established pursuant to this article. Such election shall be made on or
before the ninetieth day following the effective date of such offer, and
shall become effective on or as of the first day of January next
following the effective date of such offer.
(e) Any employee who becomes eligible to elect the optional retirement
program by reason of his appointment, promotion, transfer or
reclassification to an eligible position may elect the optional
retirement program established pursuant to this article. Such election
shall be made within thirty days after notice in writing to such
employee of his eligibility, and shall become effective on the date of
such election, except that in no case shall such election become
effective prior to the first day of January next following the effective
date of the offer of such program.
(f) No election by an eligible employee of the optional retirement
program shall be effective unless it shall be accompanied by an
appropriate application, where required, for the issuance of a contract
or contracts under the program.
2. Ineligibility for retirement system membership. Any employee who
elects the optional retirement program shall be ineligible for
membership in the New York city teachers' or New York city employees'
retirement system so long as he shall remain continuously employed in
any position by the board and shall continue in the optional retirement
program.
3. (a) Any eligible employee of the board who is a member or
transferred contributor of either the New York city employees'
retirement system or the New York city teachers' retirement system at
the time he elects the optional retirement program offered by the board
pursuant to this article shall be deemed to be a person who terminates
membership on the effective date of such election, for the purpose of
determining his eligibility for rights and benefits in either such
system; provided, however, that if he does not withdraw his accumulated
contributions, (i) his continued service at the city university shall be
deemed to be member service in either the New York city employees'
retirement system or the New York city teachers' retirement system for
the purpose of determining his eligibility for any retirement allowance
or ordinary death benefit under either 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 he or his estate or person designated by him
may become entitled under either such system shall be computed only on
the basis of service otherwise creditable to him therein and his
compensation during such service.
(b) Electing employees and their beneficiaries shall not be entitled
to any right or benefit under either the New York city employees'
retirement system or the New York city teachers' retirement system other
than a retirement allowance or ordinary death benefit to the extent
expressly provided for in this section. Such employee shall not be
eligible for any benefit pursuant to section B3-36.0, subdivision two or
section B3-36.0, subdivision three of the administrative code of the
city of New York or section two hundred forty-five of the military law.
Structure New York Laws