Section 330. Participation by municipalities  


Latest version.
  • a.  Every  municipality
      (exclusive of those maintaining a  local  pension  system  for  all  its
      policemen  and firemen) employing policemen and firemen must participate
      in  the  policemen's  and  firemen's   retirement   system,   and   such
      participation shall be irrevocable.
        b. A municipality maintaining a local pension system for its policemen
      and  firemen  may  elect to participate in the policemen's and firemen's
      retirement system upon the petition of sixty per centum of  the  members
      of  the  local  pension  system for policemen and firemen. 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. As of the date such participation is approved:
        1. The operation of such local pension system shall be discontinued.
        2. The existing pensioners and annuitants of such local pension system
      shall be continued and paid at their existing rates by  the  policemen's
      and firemen's retirement system.
        3.  Any cash and securities to the credit of such local pension system
      shall be transferred to the policemen's and firemen's retirement system.
        4. 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  the
      policemen's  and firemen's 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.  The  county  of  Monroe,  by  resolution  legally  adopted  by its
      governing body filed with and approved by the comptroller, may elect  to
      have    its    fire   chief-airport,   firefighter-airport,   and   fire
      captain-airport personnel in those titles designated by  such  governing
      body,  become  eligible  to  participate in the New York state and local
      police and fire retirement system.  Upon  such  adoption,  such  county,
      except  as  specifically provided in this article to the contrary, shall
      thereafter be treated as a participating employer. Such resolution shall
      provide for the payment by the county of any  costs  incurred  for  past
      service  credit  as  well  as  future  cost  occasioned  by the county's
      election under this subdivision; provided articles fourteen and  fifteen
      member  contributions  previously  made by members of the New York state
      and local employees' retirement system who will become  members  of  the
      New  York  state  and local police and fire retirement system under this
      section shall be transferred to the New York state and local police  and
      fire  retirement  system  and  used to offset the amount of past service
      costs which would otherwise result. Further,  the  past  service  costs,
      less  such accumulated tiers 3 and 4 member contributions, shall be paid
      over a ten year period at the rates of interest used  in  the  actuarial
      valuations covering the ten year period.
        d.  A  participating employer's election of any retirement benefit for
      members of the state and local police and fire retirement  system  shall
      apply either to its police officers or its firefighters, as the case may
      be.