2010 New York Code
RSS - Retirement & Social Security
Article 19 - (900 - 902) BENEFIT ENHANCEMENTS
901 - Election of benefit enhancements.

§ 901. Election of benefit enhancements. a. A state employer may elect
  to  provide  its  employees  the  benefit  enhancements  provided for in
  section nine hundred two of this article.
    1. With respect to members of a  retirement  system  employed  in  the
  executive   branch  (including  employees  of  an  institution  for  the
  instruction of the deaf and of the blind as enumerated in  section  four
  thousand  two  hundred one of the education law), such election shall be
  made by the governor.
    2. With respect to members of a  retirement  system  employed  by  the
  senate,  such  election shall be made by adoption of a resolution by the
  senate.
    3. With respect to members of a  retirement  system  employed  by  the
  assembly, such election shall be made by adoption of a resolution by the
  assembly.
    4.  With  respect  to members of a retirement system employed by joint
  legislative employers, such election shall  be  made  by  adoption,  and
  consistent  with  rules  established  by, a concurrent resolution of the
  senate and assembly.
    b. An election to provide benefit enhancements pursuant to subdivision
  a of this section may be made applicable to all  employees  of  a  state
  employer  or  to  all  employees  who  are  represented  by  a  specific
  collective bargaining organization, recognized or certified pursuant  to
  article  fourteen  of the civil service law, and/or to all employees who
  are not represented for the purposes of collective bargaining subject to
  the limitation provided in section nine hundred two of this article.