Section 340. Membership of the policemen's and firemen's retirement system

a.  After the effective date of this article, each person who becomes  a
  member  of  the policemen's and firemen's retirement system shall file a
  duly executed and acknowledged application with  the  comptroller.  Such
  application shall contain:
    1. A detailed statement of all such person's service, and
    2.  A  statement  that he consents and agrees to membership and to the
  contributions prescribed by this article.
    b. Membership in the policemen's and firemen's retirement system shall
  be mandatory for the following:
    1. Policemen and firemen now employed or  hereafter  appointed  by  an
  employer.
    2.  Policemen  and  firemen  now  employed or hereafter appointed by a
  participating employer in a position in the  classified  civil  service,
  other than in a position in the exempt class, and who is not eligible to
  become  a  member  of  a  local  pension  system.  The employers of such
  policemen and firemen shall pay into the pension accumulation  fund  the
  amount  required  to  pay  the  accrued  liability  on  account  of such
  policemen and firemen, as computed by the actuary. Such  payments  shall
  be made in such installments as the comptroller shall require.
    * 3. LIRR police officers as defined in paragraph two of subdivision a
  of  section three hundred eighty-nine of this article who become such on
  or after the effective date of section three hundred eighty-nine of this
  article.
    * NB Effective the first day of the calendar month  following  receipt
  by the comptroller of the election by The Long Island Rail Road Company
    4.     Fire     chief-airport,    firefighters-airport,    and    fire
  captains-airport, employed by Monroe county who  enter  such  employment
  after their employer has elected participation in the New York state and
  local police and fire retirement system.
    5.  Aircraft  rescue  firefighters  employed  by  the Niagara frontier
  transportation authority who enter such employment after their  employer
  has  elected  participation  in  the New York state and local police and
  fire retirement system.
    c. The following may become members of the policemen's  and  firemen's
  retirement system:
    * 1.  Policemen and firemen in the service of a public or quasi-public
  organization if their employer has elected to participate as provided in
  section three hundred thirty-one.
    * NB Effective until the first day of  the  calendar  month  following
  receipt  by the comptroller of the election by The Long Island Rail Road
  Company
    * 1. Policemen and firemen in the service of a public or  quasi-public
  organization,  if  their employer has elected to participate as provided
  in section three hundred thirty-one of this article, including each LIRR
  police officer as defined in paragraph two of subdivision a  of  section
  three  hundred  eighty-nine of this article who is such on the effective
  date of such section three hundred eighty-nine and who files an election
  with the comptroller in accordance with subdivision a  of  this  section
  within  ninety  days  after  the effective date of section three hundred
  eighty-nine of this article. Such an election by a LIRR  police  officer
  shall  be  effective  as of such effective date and shall be a waiver of
  any and all rights such officer may  have  had  to  benefits  under  any
  pension  plan  sponsored by The Long Island Rail Road Company other than
  the retirement plan provided for in section three hundred eighty-nine of
  this article.
    * NB Effective the first day of the calendar month  following  receipt
  by the comptroller of the election by The Long Island Rail Road Company

    2.  Officers and employees of the federal government who have at least
  five years of member service credit at  the  time  they  become  federal
  officers   or  employees  may  continue  as  contributing  members.  The
  provisions of this paragraph two shall  not  affect  the  membership  of
  officers and employees of the federal government heretofore commenced or
  continued  hereunder,  provided, however, that all memberships hereunder
  shall be conditioned upon the receipt by the policemen's  and  firemen's
  retirement  system  of  the  payments  required by section three hundred
  forty-two of this article.
    2-a.    Fire    chief-airport,    firefighters-airport,    and    fire
  captains-airport  who are employed with the county of Monroe at the time
  that their employer elects participation in the New York state and local
  police and fire retirement system. Such employees shall  have  one  year
  from  the date the employer elects to provide such participation to make
  application for membership in such retirement  system  and  upon  filing
  such  an  election  shall be transferred to the New York state and local
  police and fire retirement  system  notwithstanding  the  provisions  of
  section  three  hundred  forty-three  of  this title. Upon request for a
  transfer of credit, the reserve  on  such  member's  benefits  shall  be
  determined  by the actuary and shall be transferred from the appropriate
  fund of the first system to the appropriate fund of the  second  system.
  Monroe  county  employees  transferred  pursuant  to this paragraph must
  serve one year under the new plan before  they  may  receive  a  greater
  service  retirement  benefit  than they would have received had they not
  transferred to such new plan.
    2-b. Aircraft rescue firefighters employed  by  the  Niagara  frontier
  transportation   authority  at  the  time  that  their  employer  elects
  participation in the New York state and local police and fire retirement
  system. Such employees shall have one year from the  date  the  employer
  elects  to provide such participation to make application for membership
  in such retirement system and upon filing  such  an  election  shall  be
  transferred  to  the New York state and local police and fire retirement
  system  notwithstanding  the  provisions  of   section   three   hundred
  forty-three  of  this  title. Upon request for a transfer of credit, the
  reserve on such member's benefits shall be determined by the actuary and
  shall be transferred from the appropriate fund of the  first  system  to
  the appropriate fund of the second system. Notwithstanding the foregoing
  provisions of this paragraph, the portion of the reserves from the first
  system  that  consists  of  member contributions and applicable interest
  shall not be refunded and shall not be considered excess  contributions,
  and  such portion shall be used toward payment of any past service costs
  arising under this section. Niagara  frontier  transportation  authority
  employees  transferred  pursuant  to  this paragraph must serve one year
  under the new plan before they may receive a greater service  retirement
  benefit  than  they would have received had they not transferred to such
  new plan.
    3. Notwithstanding any inconsistent provision of subdivision e of this
  section, or of this chapter or of any other law, an officer or  employee
  in  the  service of the state or of a participating employer who, at the
  time of entering such service, was or is entitled  to  benefits  by  any
  other  pension  or  retirement  system  maintained  by  the  state  or a
  political subdivision thereof, provided such benefits, exclusive of  any
  annuity  based solely on his own contributions and interest thereon, are
  suspended during his active membership in the policemen's and  firemen's
  retirement system. He shall contribute to the retirement system as a new
  member.
    d.  A  member,  discontinued  from  police or fire service because the
  office in which he was employed was transferred to:

    1. The federal government, or
    2.  Any  public  authority or public corporation organized pursuant to
  the laws of this state and which is not a participating employer,
  may file a written election with the comptroller stating that he  elects
  to  continue as a member. Such election shall be subject to the approval
  of the comptroller and such continuance shall be  conditioned  upon  the
  receipt  by  the  policemen's  and  firemen's  retirement  system of the
  payments required by section three hundred forty-two of this article.
    e. Any person who is or may be entitled to benefits by any  other  law
  providing for pensions and annuities for civil service employees, wholly
  or  partly  at  the  expense  of the state or of a political subdivision
  thereof, shall  not  be  a  member  of  the  policemen's  and  firemen's
  retirement system. This provision, however, shall not:
    1.  Affect  the membership of any person who was a member of the state
  employees'  retirement  system  on   April   first,   nineteen   hundred
  sixty-seven  and  who  became  a member of the policemen's and firemen's
  retirement system after such date.
    2. Exclude from membership any person paid a salary from two  or  more
  sources,  each  of  which  entitles  him  to  membership in a retirement
  system.
    3. Exclude from membership  any  person  holding  office  pursuant  to
  appointment  by  the  governor by and with the advice and consent of the
  senate, who at the time of such appointment would otherwise be  entitled
  to  a  retirement allowance wholly or partly at the expense of the state
  or of a political subdivision thereof.
    4. Exclude from membership any person who is or  may  become  eligible
  for  old-age and survivors insurance benefits pursuant to the provisions
  of this chapter except where  his  position  was  or  is  excluded  from
  eligibility  for membership in this retirement system in order to extend
  old-age and survisors insurance coverage  to  it  and  such  eligibility
  shall not have been restored.
    f.  Termination  of  membership.  Membership  in  the  policemen's and
  firemen's retirement system shall cease upon the occurrence of  any  one
  of the following conditions:
    1.  When  seven years have elapsed since a member has performed police
  and/or fire service provided, however, that no part of such  seven  year
  period  shall run during such time as a member, with at least five years
  of member service credit, shall serve as an officer or employee  of  the
  federal   government  or  the  United  Nations  or  other  international
  organizations of which the United States of America is a member.
    2. When a member shall die.
    3. When a member shall retire.
    4. When a member shall have withdrawn all or part of  his  accumulated
  contributions.   Acceptance   by   a   member  of  a  refund  of  excess
  contributions pursuant to the provisions of any section of this  article
  or  borrowing from his fund in the retirement system pursuant to section
  three hundred fifty of this article shall not terminate his  membership.
  Acceptance of such a refund of excess contributions by a member entitled
  to  a  vested  retirement  allowance  pursuant  to section three hundred
  seventy-six of this chapter shall not terminate his right to such vested
  retirement allowance nor shall acceptance by him  of  a  refund  of  the
  amount  of  his  contributions  and regular interest thereon which is in
  excess of the amount of the accumulated  contributions  which  he  would
  then  have  to  his  credit had he been contributing on the basis of his
  rate  of  normal  contribution  terminate  his  right  to  such   vested
  retirement allowance.
    5.  When  a  member  who has not attained eligibility for a retirement
  allowance or a vested retirement allowance has discontinued service with

  the state or a participating employer for a period of  at  least  thirty
  consecutive  days  and has requested termination of membership on a form
  prepared by the comptroller for such purpose by filing  such  form  with
  the  comptroller.  If  such  person  subsequently rejoins the retirement
  system within five years from the date he discontinued service with  the
  state  or  a  participating  employer,  such person shall be entitled to
  every retirement right, benefit and  privilege  which  would  have  been
  available  to  him  had  he  reentered  employment  on  the date of such
  discontinuance from service.
    g. As to any class of persons whose compensation is only  partly  paid
  by  the  state  or  a  participating  employer  or  who are serving on a
  temporary or  other  than  per  annum  basis,  the  comptroller  in  his
  discretion, may:
    1. Deny the right to become members, or
    2.  Make  optional  the  individual entrance of those whose membership
  otherwise would be mandatory.