§ 803. Retroactive membership. a. A public retirement system shall\nhave the authority to grant relief from a failure to file an application\nfor membership in that system in connection with service rendered prior\nto April first, nineteen hundred ninety-three in accordance with the\nprovisions of this section. If the determination is made by a public\nretirement system other than the public retirement system of which he or\nshe is a member, such other system shall notify the member's current\nsystem of its determination and the retroactive membership resulting\nfrom such determination shall be deemed to have been immediately\ntransferred to the member's current system. In such event, the member's\ncurrent system shall advise such other system of the additional cost\nresulting from such relief, which shall thereupon be billed and\ncollected by such other system and remitted to the member's current\nsystem.\n b. Retroactive membership shall be granted to a member of a public\nretirement system who was entitled to join a public retirement system\nprior to the date on which the member actually joined such a system\nprovided that:\n (1) the member files a written request for retroactive membership in a\npublic retirement system with the member's current retirement system\nwithin three years of the effective date of this article, or within two\nyears of the enactment of a local law by the city of New York for a\nmember who: (i) is an employee of the city of New York; or (ii) is not\nan employee of the city of New York, but has prior employment with such\ncity, which without the transfer and crediting provisions of this\narticle would render him or her ineligible for retroactive membership\nunder the provisions of this section;\n (2) membership shall only be granted retroactively back to the date\nfrom which the member has served continuously in a position or positions\nwhich would have entitled the member to join a public retirement system.\nFor the purpose of this paragraph (and subdivision b of section eight\nhundred one of this article), a member shall be considered to have\nserved continuously from the earliest date after which he or she shall\nhave rendered at least twenty days of eligible service during each plan\nyear of such public retirement system, excluding one break in service of\nnot more than one plan year or not more than two plan years when such\nbreak in service is attributable to the birth of a child of the member\nor care for such child or the placement of a child with the member for\nadoption or foster care, provided that for the limited purposes of this\nsection only, no employment with the city of New York, the board of\neducation of the city of New York or with any employer which\nparticipates in the New York city employees' retirement system or the\nNew York city board of education retirement system shall be deemed to be\nservice which would have entitled the member to join a public retirement\nsystem, or shall be deemed to be retirement system eligible service,\nwhere the person rendering such service would have been deemed by such\nretirement system prior to May thirty-first, nineteen hundred\neighty-eight to be ineligible for membership in such retirement system\nbecause he or she was not regularly scheduled to work a sufficient\nnumber of hours per year, or because such employment was being rendered\nnot on a per annum basis, but rather on a per hour basis, a per diem\nbasis or some other basis; and\n (3) the employer who employed such member at the time he or she was\nfirst eligible to join a public retirement system files with the\nretirement system an affidavit stating that the relief sought is\nappropriate because the member did not (i) expressly decline membership\nin a form filed with the employer; (ii) participate in a procedure\nexplaining the option to join the system in which a form, booklet or\nother written material is read from, explained or distributed, such\nform, booklet or written ma
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