§ 2575. Retirement of employees of board of education. 1. (a) The\nboard of education of a city school district of a city having a\npopulation of one hundred thousand or more shall have power to establish\na retirement system for all civil employees permanently employed by said\nboard other than superintendents and teachers who may now be retired\nunder the provisions of other retirement laws. In any such city in which\nthere is a bureau of compulsory education, school census, and child\nwelfare established under the provisions of this chapter, all persons,\nexcept for attendance teachers and specially certificated attendance\nofficers who are first employed by a board of education of a city having\na population of one million or more, beginning on the first day of\nSeptember, nineteen hundred sixty-eight, and further except for the\ndirector of attendance, assistant director of attendance, chief\nattendance officer, division supervising attendance officer, and\ndistrict supervising attendance officer, supervisors of school social\nworkers, who were first employed by a board of education of a city\nhaving a population of one million or more, beginning on the first day\nof September nineteen hundred sixty-nine, of which such a bureau of\ncompulsory education, school census, and child welfare consists shall be\nmembers of the retirement system created in accordance with the\nprovisions of this section, provided that any such person who on May\nfourth, nineteen hundred twenty-six, was a member of another retirement\nsystem in such city may continue such membership so long as he or she\nholds an office or position in such bureau. Transfer of membership of\nany such persons from another retirement system to a retirement system\nas herein provided shall be made in accordance with the provisions of\nsection fifty-nine of the civil service law. The board of education of\nsuch city shall adopt appropriate rules and regulations for the\ngovernment, management and control of the retirement of said employees;\nexcept that in regard to the actions of the governing board of a\nretirement system governed by such rules and regulations, the\nconcurrence of one employee representative and one non-employee\nrepresentative shall be necessary for an act of such board, and there\nshall be no fewer than two employee representatives of such board.\nBefore they become effective such rules and regulations must be approved\nby the board of estimate, or the board of estimate and apportionment in\na city having such body, and in a city not having such body by the\ncommon council or such other officers or bodies as have the management\nand control of financial affairs similar to that exercised by such board\nof estimate or board of estimate and apportionment. The board of\nestimate or the board of estimate and apportionment in a city having\nsuch body, and in other cities the officers or bodies performing the\nfunctions similar to those of a board of estimate or a board of estimate\nand apportionment shall appropriate annually the sum necessary to pay\nthe expenses of the administration of this section, except that in the\ncity of New York such appropriations shall be made pursuant to chapter\nsix of the New York city charter, and also to pay such pensions to the\nemployees herein described as they shall be entitled to receive annually\nunder the rules and regulations prescribed by the board of education and\napproved by the said board of estimate or board of estimate and\napportionment or other authorities.\n (b) (1) The rules and regulations prescribed by the board of education\nand approved by the board of estimate or the board of estimate and\napportionment or other authorities named herein shall provide for the\nannual payment of a pension which shall be a per centum of the average\nannual personal compensation of an employee for the five years of\nservice immediately preceding his retirement, except as otherwise\nprovided in subparagraph two of this
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