Section 600. Application

a. Notwithstanding any other provision of law,
  the provisions of this article shall apply to all members  who  join  or
  rejoin  a  public retirement system of the state on or after July first,
  nineteen hundred seventy-six and to all employees who  would  have  been
  eligible  to  join  or  rejoin such a retirement system on or after such
  date but in lieu thereof elected an optional retirement program to which
  their  employers  are  thereby  required  to  contribute,   except   the
  following:
    1.  Members of the New York state and local police and fire retirement
  system;
    2. (a) Members in the uniformed personnel in  institutions  under  the
  jurisdiction  of  the  department  of  correctional services of New York
  state, other than certain persons as defined in this section or the  New
  York city department of correction.
    (b) For purposes of this paragraph, certain persons means either:
    (i)  a person who is appointed to the title of superintendent, who has
  had at least seven years of service credited toward the retirement  plan
  established pursuant to this article while employed by the department of
  correctional  services  and  who  elects the retirement plan established
  pursuant to this article within ninety days of his or  her  appointment.
  Such election shall be in writing, shall be duly executed and filed with
  the  comptroller  and  shall be irrevocable as long as such person is in
  the title of superintendent; or
    (ii) a person who serves in the title of superintendent  as  of  April
  first,  two  thousand  six,  who has had at least seven years of service
  credited toward the retirement plan established pursuant to this article
  while employed by the department of correctional services and who elects
  the retirement plan established pursuant to this article  on  or  before
  September  thirtieth,  two  thousand  six.  Such  election  shall  be in
  writing, shall be duly executed and filed with the comptroller and shall
  be irrevocable as long as such person is in the title of superintendent.
    (c) Any person in the title of superintendent who is eligible to  make
  an  election  as  described  in  this section but who does not make such
  election, shall remain a member of  the  retirement  plan  that  persons
  appointed  to the title of superintendent join who do not meet the above
  criteria.
    3. Members of the New York city police pension fund or  the  New  York
  city fire department pension fund;
    4. Members qualified for participation in the uniformed transit police
  force  plan or housing police force plan in the New York city employees'
  retirement systems; and
    5. Investigator member of the  New  York  city  employees'  retirement
  system.
    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.  Notwithstanding  any  other  provision  of  this  article  to  the
  contrary,  persons  who  on  or  after  July  first,  nineteen   hundred
  seventy-six:
    1.  Enter  the  employment of a public employer which participates for
  such employees in the New York city employees'  retirement  system,  the
  New York city teachers' retirement system and the New York city board of
  education retirement system shall be required to become members or shall
  be  eligible  or  ineligible for membership in such retirement system or
  pension fund in the manner provided for by the  relevant  provisions  of
  the  New York city administrative code and other relevant laws and rules
  and regulations except that, notwithstanding any other provision of law,
  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 the term and who were employed in one
  of the three school years immediately  prior  to  July  first,  nineteen
  hundred  seventy-six  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-six shall have all  the  rights,  benefits  and
  privileges  applicable  to  employees who were members of such system on
  June thirtieth, nineteen hundred seventy-six 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;
    1-a. Enter the employment of a public employer which participates  for
  such  employees  in  the New York city employees' retirement system, the
  New York city teachers' retirement system and the New York city board of
  education retirement system shall be required to become members or shall
  be eligible or ineligible for membership in such  retirement  system  or
  pension  fund  in  the manner provided for by the relevant provisions of
  the New York city administrative code and other relevant laws and  rules
  and regulations except that, notwithstanding any other provision of law,
  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 the 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 subsequent 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. Any member of a teachers' retirement system who is
  entitled by reason of this paragraph to have all  the  rights,  benefits
  and  privileges  of  a  member of such system as of a date prior to July
  first, nineteen hundred seventy-six shall not be entitled to a refund of
  any contributions made to such system prior to  the  effective  date  of
  this  paragraph  pursuant  to  this  article or article fourteen of this
  chapter;
    2. Enter the employment of a public employer  which  participates  for
  such  employees  in the New York state teachers' retirement system shall
  be required to become members or shall be  eligible  or  ineligible  for
  membership  in  such retirement system in the manner provided for by the
  relevant provisions of the New York state education law;
    3. Enter the employment of a public employer  which  participates  for
  such  employees  in  the  New York state employees' retirement system in
  positions in which they shall work full time shall be required to become
  members;
    (a) Provided, however, persons in the employ of such  employers  after
  such  date  in positions in which they work less than full time shall be
  permitted to become members of the New York state employees'  retirement
  system  by  filing an application therefor in the manner provided for by
  section forty of this chapter;
    (b) Provided further that an employee of a  county  extension  service
  association  or  Cornell  university  appointed for the first time on or
  after August first, nineteen hundred seventy-seven who holds  a  federal
  cooperative appointment with the United States department of agriculture

  as  designated  by  the  director  of  the  New  York  state cooperative
  extension service and who is eligible for participation in  the  federal
  retirement  system  shall  be  excluded  from  membership  in  the state
  employees' retirement system; and
    (c)  Provided  further that any employee of a county extension service
  association and any employee of Cornell  university  appointed  for  the
  first  time  on or after July first, nineteen hundred seventy-six but on
  or before July thirty-first, nineteen hundred seventy-seven, who holds a
  state cooperative appointment as designated by the director of  the  New
  York  state cooperative extension service may elect to receive a federal
  cooperative appointment in the  manner  provided  for  by  the  relevant
  federal  laws,  rules  and regulations and to participate in the federal
  retirement  system  and  discontinue  his  participation  in  the  state
  retirement system by filing a written notice of termination on or before
  December   thirty-first,   nineteen   hundred   eighty-three   with  the
  comptroller. Any employee who  is  a  member  of  the  state  employees'
  retirement  system  at the time he or she elects coverage in the federal
  retirement program shall be deemed  to  be  a  person  who  discontinues
  service  on  the  effective  date  of  such election, for the purpose of
  determining his or her eligibility for rights and benefits in such state
  system;  provided,  however,  that  if  he  or  she  does  not  withdraw
  accumulated   contributions,  (i)  continued  service  with  the  county
  extension service association or  Cornell  university  while  under  the
  federal  retirement  program shall be deemed to be member service in the
  New  York  state  employees'  retirement  system  for  the  purpose   of
  determining  eligibility for any vested retirement allowance, retirement
  allowance or ordinary death benefit under 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  the person or his or her estate or person
  designated by him or her may become entitled under  either  such  system
  shall  be  computed only on the basis of service otherwise creditable to
  him or her therein and his or  her  compensation  during  such  service.
  Electing  employees and their beneficiaries shall not be entitled to any
  right or benefit under the New York state employees'  retirement  system
  other  than  a  vested  retirement  allowance,  retirement  allowance or
  ordinary death benefit to the extent  expressly  provided  for  in  this
  chapter.
    c.  The  provisions  of  this article shall not be construed to extend
  coverage to an employee who would not have been, if employed in the same
  capacity on June thirtieth, nineteen hundred seventy-six,  eligible  for
  membership in the retirement system involved.
    * NB Expires June 30, 2011