New York Retirement and Social Security Code § 40

Membership of retirement system
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§ 40. Membership of retirement system. a. Each person who becomes a\nmember of the retirement system shall file a duly executed application\nwith the comptroller. Such application shall contain:\n  1. A detailed statement of all such person's service, and\n  2. A statement that he consents and agrees to membership and to the\ncontributions prescribed by this article.\n  b. Membership in the retirement system shall be mandatory for the\nfollowing:\n  1. All persons who enter or re-enter the service of the state or of a\nparticipating employer on and after July first, nineteen hundred\nforty-eight, except those:\n  (a) In the exempt class of the classified service.\n  (b) In the labor class.\n  (c) Who are laborers and who are not covered by article nine of the\nmilitary law.\n  (d) In the unclassified service.\n  (e) Who are teachers or instructors and who are eligible to membership\nin another retirement system.\n  (f) Sixty years of age and over, whose positions in the exempt class,\nlabor class or unclassified service have by reason of a reclassification\nof positions on or after December fifteenth, nineteen hundred\nforty-eight, been placed in the competitive or non-competitive class of\nthe classified service.\n  (g) Whose positions are excluded from eligibility for membership in\nthe retirement system and are covered only by old-age and survivors\ninsurance.\n  (h) Whose positions pay compensation at a rate of less than fifteen\nhundred dollars a year.\n  (i) Otherwise specifically provided for by law.\nPersons employed in state or local institutions reporting to or subject\nto the supervision of the state departments of correction, education,\nsocial welfare, health or mental hygiene need not become members until\nthe completion of six months of service.\n  2. (a) Those persons who enter or re-enter service in the state\ncolleges of agriculture, home economics, veterinary medicine, or\nindustrial and labor relations, the state agricultural experiment\nstation at Geneva, or any other institution or agency under the\nmanagement and control of Cornell university as representative of the\nstate university trustees, or who enter or re-enter service in the state\ncollege of ceramics under the management and control of Alfred\nuniversity as the representative of the state university trustees, and\nwho do not elect the optional retirement program established by article\neight-B of the education law, except employees who hold federal\ncooperative appointments with the United States department of\nagriculture as designated by the director of the New York state\ncooperative extension service and who are eligible for participation in\nthe federal retirement system as provided in subparagraph (b) below.\nEach such member shall be covered by the provisions of this article to\nthe full amount of the salary paid to him from direct or indirect\nfederal or state taxes. Any person who is in such service when this\nparagraph takes effect and who has not made contribution to the annuity\nsavings fund of the New York state employees' retirement system may on\nor before July first, nineteen hundred fifty-seven become a member of\nthe New York state employees' retirement system and receive credit for\nallowable service rendered prior to January first, nineteen hundred\ntwenty-one, by filing with the comptroller a statement duly executed and\nacknowledged, consenting and agreeing to membership and to the\ndeductions for annuity purposes prescribed in this article, provided he\nor she shall pay to the proper fund in installments as he or she shall\nelect, except that such payments shall be made within a period no\ngreater than the number of months of his or her service elapsed between\nJanuary first, nineteen hundred twenty-one and his or her date of\nmembership, an amount equal to the amount that would have been in the\nfund had he or she been a member during such elapsed service. Such\npersons shall receive member service credit for the time fo

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