§ 801. Transfer rights. a. Except as provided in subdivision b of\nthis section, any member of a public retirement system who by reason of\nsimultaneous membership in two public retirement systems, would have\nbeen entitled to transfer membership in a public retirement system\npursuant to any provision of law, but failed to make a timely election\nto do so shall be entitled to transfer membership if written notice is\ngiven to such system no later than January first, nineteen hundred\nninety-eight, or within one year of the enactment of a local law by the\ncity of New York for a member who: (i) is an employee of the city of New\nYork; or (ii) is not an employee of the city of New York, but has prior\nemployment with such city without which he or she would be ineligible\nfor the benefit provided by this section.\n b. For a membership occurring prior to April first, nineteen hundred\nninety-three pursuant to any provision of law, a public retirement\nsystem shall have the authority to grant relief from a failure to\ntransfer such membership if the member would have been eligible to\ntransfer such membership to the system granting relief if he or she had\njoined the system granting relief on the commencement of employment,\nprovided that the member had been continuously (as defined in paragraph\ntwo of subdivision b of section eight hundred three of this article)\nemployed in such employment from the commencement of eligible employment\nuntil the member joined the system and the member files written notice\nwith the system no later than January first, nineteen hundred\nninety-eight, or within one year of the enactment of a local law by the\ncity of New York for a member who: (i) is an employee of the city of New\nYork; or (ii) is not an employee of the city of New York, but has prior\nemployment with such city without which he or she would be ineligible\nfor the benefit provided by this section.\n c. As a condition for transfer pursuant to subdivisions a and b of\nthis section, the employee must deposit within one year of the filing of\nthe written notice of intention to transfer as provided in subdivision a\nor b of this section, with the public retirement system of which the\nemployee is a member, an amount equal to the amount withdrawn from the\npublic retirement system of which the employee had been a member with\ninterest thereon as prescribed by the retirement system of which the\nemployee is a member. When such deposit has been made, a calculation and\ntransfer of the reserve on such employee's benefit shall be made.\n d. Except as expressly provided herein, the applicable rules relating\nto the transfer of membership, including the transfer of reserves, shall\napply to the transfer of membership permitted hereunder.\n e. This section shall not be construed to continue membership in any\nretirement system.\n
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