2006 New York Code - Application.

 
    § 440. Application. a. Notwithstanding any other provision of law, but
  subject  to  the provisions of subdivisions c and d of this section, the
  provisions and limitations of  this  article  shall  apply,  as  may  be
  appropriate,  to  all  members  who  join  or rejoin a public retirement
  system of the state or of a municipality thereof, and to  all  employees
  who  would  be  eligible  to  join  such a retirement system but in lieu
  thereof elected an optional retirement program to which their  employers
  are  thereby  required  to  contribute, on or after July first, nineteen
  hundred  seventy-three,  but  prior  to  July  first,  nineteen  hundred
  seventy-six.  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.  The  provisions  of  this article shall not be construed to extend
  coverage to an employee not  otherwise  eligible  for  membership  in  a
  retirement system or to provide an increase in benefits to a member of a
  retirement  system  other  than  as  provided  by  section  four hundred
  forty-five-d, or section four  hundred  forty-five-f,  or  section  four
  hundred  forty-five-h  or  section  four  hundred  forty-eight  of  this
  article.
    c. Notwithstanding any other provision  of  law,  the  provisions  and
  limitations  of  this article shall apply, as may be appropriate, to all
  police officers and firefighters who last  joined  a  public  retirement
  system  of  the state or a municipality thereof, on or after July first,
  nineteen hundred seventy-six, but prior  to  July  first,  two  thousand
  seven.
    d.  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-three in a position which did not entitle them to  apply
  for  membership  in  a public retirement system and who first joined the
  New York city teachers' retirement system subsequent to June  thirtieth,
  nineteen  hundred  seventy-three  but  prior 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-three  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.
    d-1. 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
  and  who  first  joined the New York city teachers' retirement system or
  the New York state teachers' retirement system prior 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.
    e.  Notwithstanding  any  other  provision of law to the contrary, the
  provisions and limitations of  this  article  shall  apply,  as  may  be
  appropriate, to all investigator members of the New York city employees'
  retirement  system  who  last  joined such retirement system on or after
  July first, nineteen hundred seventy-six.