§ 393. Election. 1. Election of the optional retirement program.\n (a) Each eligible employee initially appointed on or after July first,\nnineteen hundred sixty-four, within thirty days of his entry into\nservice, shall elect (i) to join either the New York state teachers'\nretirement system or the New York state employees' retirement system or\nother public retirement system in this state in accordance with the\nprovisions of law applicable thereto or (ii) to elect the optional\nretirement program established pursuant to this article; provided\nhowever, that (1) such persons initially entering service during the\nperiod July first, nineteen hundred sixty-four through November fourth,\nnineteen hundred sixty-four may defer such election until December\nfourth, nineteen hundred sixty-four, and (2) eligible employees of an\nelecting employer initially appointed on or after the effective date of\nthe election to offer such program may defer such election until the\nninetieth day following such effective date of the election to offer\nsuch program established by an electing employer. Any such deferred\nelection shall be effective as of the date of entry into service or the\neffective date of such offer, whichever is later.\n (b) In the event an eligible employee fails to make an election as\nprovided in paragraph (a) of this subdivision, he shall be deemed to\nhave elected membership in the New York state teachers' retirement\nsystem, or such public retirement system in this state in which his\nmembership may be otherwise required in accordance with law, except that\neligible employees of institutions under the management and control of\nCornell university or Alfred university as the representative of the\nstate university trustees shall be deemed to have elected membership in\nthe New York state employees' retirement system. Such membership shall\nbe effective as of the date of entry into service, or in the case of\nmembership in the New York city employees retirement system, at the time\notherwise required by law.\n (c) The amount, if any, required to have been contributed by any\nemployee in accordance with an election, a deferred election or failure\nto elect pursuant to paragraph (a) or paragraph (b) of this subdivision\nshall be collected by payroll deductions in such manner as may be\nprovided by the comptroller for employees of state university electing\nthe optional retirement program, or by the appropriate fiscal officer\nfor employees of an electing employer, or in the case of membership in\neither the New York state employees' retirement system or the New York\nstate teachers' retirement system or other public retirement system in\nthis state, by the retirement system concerned.\n (d) Eligible employees other than those employed by an electing\nemployer appointed on or before June thirtieth, nineteen hundred\nsixty-four, may elect the optional retirement program established\npursuant to this article. Such election shall be made on or before\nDecember fourth, nineteen hundred sixty-four, and shall become effective\nas of January first, nineteen hundred sixty-five. Eligible employees of\nan electing employer appointed before the effective date of the election\nto offer such program may elect the optional retirement program\nestablished pursuant to this article. Such election shall be made on or\nbefore the ninetieth day following the effective date of such offer and\nshall become effective on or as of the first day of January next\nfollowing the effective date of such offer.\n (e) Any state employee or employee of an electing employer who becomes\neligible to elect the optional retirement program by reason of (i) the\ncertification of the position held by him pursuant to paragraph three of\nsection three hundred ninety of this article or (ii) his appointment,\npromotion, transfer or reclassification to a position previously so\ncertified, may elect the optional retirement program established\npursuant to this artic
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