2010 New York Code
RSS - Retirement & Social Security
Article 2 - NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM
Title 4 - (30 - 34) PARTICIPATION IN SYSTEM BY POLITICAL SUBDIVISIONS AND OTHER ORGANIZATIONS
30 - Participation by municipalities.

§ 30. Participation by municipalities.  a. A municipality may elect to
  participate  in the retirement system.  Such election shall be exercised
  by the adoption of a resolution approved by its local  legislative  body
  and  any  other body or officer required by law to approve resolution of
  such local legislative body.  Upon the filing of  a  certified  copy  of
  such   resolution   with   the   comptroller,  such  election  shall  be
  irrevocable, and the municipality shall become a participating employer,
  subject, however, to the conditions provided in this subdivision.
    1. A municipality not participating in the retirement system prior  to
  October  first, nineteen hundred fifty-three, and which has not provided
  old-age and survivors insurance coverage for its employees, may, at  the
  time  of  making  election  to participate, exclude from eligibility for
  membership in the retirement system such class or classes of offices and
  positions for which membership in the  retirement  system  is  not  made
  mandatory  by  this  article,  as  the  municipality may specify in such
  resolution.  Participation by any such municipality  which  may  exclude
  from  eligibility  for membership any class or classes of its offices or
  positions shall not become effective until such municipality shall  have
  entered  into  an  agreement  to provide old-age and survivors insurance
  coverage for such class or classes of offices or positions in the manner
  and to the extent provided by article three of this chapter.
    2. Any municipality participating in the retirement  system  prior  to
  October  first,  nineteen hundred fifty-three, may, by the adoption of a
  resolution in the manner herein provided and filed with the  comptroller
  prior  to  the  time  such  municipality  makes  an agreement to provide
  old-age and survivors insurance coverage for  its  employees,  elect  to
  exclude  from  eligibility  for  membership in the retirement system any
  class or classes of offices or positions for  which  membership  in  the
  retirement  system is not made mandatory by this article.  Public notice
  of the proposed adoption of any such resolution shall be given at  least
  three  months  prior  to  the adoption thereof.   Officers and employees
  holding offices or positions in any  such  excluded  class  or  classes,
  however,  who  are  members  of the retirement system at the time of the
  filing of such resolution shall continue to be members of the retirement
  system. Such resolution providing for such  exclusion  from  eligibility
  for   membership   shall  not  become  effective,  however,  until  such
  participating municipality shall  have  entered  into  an  agreement  to
  provide  old-age  and  survivors  insurance  coverage  for  the class or
  classes of  offices  or  positions  so  excluded  from  eligibility  for
  membership  in  the  retirement  system  in the manner and to the extent
  provided by article three of this chapter.
    3. The power to exclude employees from eligibility for  membership  in
  the retirement system pursuant to paragraph one or paragraph two of this
  subdivision  a  shall  terminate  on  the  day  after  the  modification
  extending the old-age and survivors insurance  system  to  any  position
  covered  by  such  system  and  held  by  an  employee  of  a  political
  subdivision of the state (exclusive of one in a policeman's or firemen's
  position) is executed.
    b. Participation by members of local pension systems.
    1. In the event that sixty per centum of  the  members  of  any  local
  pension  system  petition  to  become members of this retirement system,
  their  participation  may  be  approved  in  the  manner   provided   by
  subdivision a of this section.
    2. As of the date such participation is approved:
    (a) The operation of such local pension system shall be discontinued.
    (b)  The  existing  pensioners  and  annuitants  of such local pension
  system shall be continued and paid  at  their  existing  rates  by  this
  retirement system.

(c) Any cash and securities to the credit of such local pension system
  shall be transferred to this retirement system.
    (d)  The  trustees  or other administrative head of such local pension
  system shall certify the proportion, if any, of the funds of such system
  that represents the accumulated contributions of  the  members  and  the
  individual shares of the members therein.  Such shares shall be credited
  to  the  respective  annuity  savings  accounts  of such members in this
  retirement system. The balance of  the  funds  so  transferred  to  this
  retirement  system  shall  be offset against the liability on account of
  existing  pensioners,  annuitants  and  active  members.  The  resulting
  liability  so  determined  shall be the basis for the rate of deficiency
  contribution of  such  county,  city,  town  or  village  as  determined
  pursuant to section twenty-three of this article.
    c.  Participation  by  a  municipality  pursuant to this section shall
  cover all agencies of the government of such municipality including  the
  free  public  library,  if  any,  of  such municipality, unless separate
  participation by any such agency or school district public  library  has
  been approved pursuant to section thirty-one, thirty-one-a or thirty-two
  of this article.