2006 New York Code - Election.

 
    § 6253. Election.  1. Election of the optional retirement program. (a)
  Each eligible employee initially appointed on  or  after  the  effective
  date  of  the  election  to  offer such program established by the board
  shall, within thirty days of his entry into service, elect (i)  to  join
  the  New  York  city  teachers' retirement system in accordance with the
  provisions of law applicable thereto, or  (ii)  to  elect  the  optional
  retirement  program  established  pursuant  to  this  article;  provided
  however, that such persons initially appointed on or after the effective
  date of the election to offer such program may defer such election until
  the ninetieth day following such effective date of the election to offer
  such program established by the board. Any such deferred election  shall
  be effective as of the date of entry into service.
    (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.