§ 390. Definitions. Wherever used in this article:

1. The term "board" means the board of trustees of the state
university of New York.

2. The term "state university" means the state university of New York
and the term "community college" means a college established and
operated under article one hundred twenty-six of this chapter.

3. The term "eligible employees" means those employees in positions
requiring the performance of educational functions in teacher education,
agriculture, home economics, forestry, ceramics, liberal and applied
arts and sciences, engineering, technical skills, crafts, business
education, labor and industrial relations, medicine, dentistry,
veterinary medicine, pharmacy, nursing, law, public affairs, maritime
officer training, academic administration, library service, student
activities, student personnel service and other professions required to
carry on the work of the state university and the colleges, schools,
institutes, research centers, facilities and institutions comprising it
and of the community colleges. Such positions in the state university,
including those at the state colleges of agriculture, home economics,
veterinary medicine or industrial and labor relations, the state
agricultural experiment station at Geneva, or any other institution or
agency under the management and control of Cornell university as
representative of the board, and at the state college of ceramics under
the management and control of Alfred university as the representative of
the board, and such positions in the community colleges shall be those
certified to the board by the chancellor of state university as
requiring the performance of such functions. No person receiving a
benefit by reason of his retirement from any retirement or pension
system of New York state or any political subdivision thereof shall be
eligible to elect the optional retirement program.

3-a. Beginning July first, two thousand thirteen, the term "eligible
employees" shall also mean any person excluded from or not encompassed
within a negotiating unit within the meaning of article fourteen of the
civil service law who would otherwise be entitled to receive a benefit
under the retirement and social security law or the education law
initially hired on or after July first, two thousand thirteen with
estimated annual wages of seventy-five thousand per annum or greater.
Such estimate of annual wages to determine eligibility for the purposes
of this subdivision shall be provided by the employer. For the purposes
of this subdivision, a newly hired state employee whose immediate
preceding employment was with another department, division, or agency of
the state shall not be deemed to be an eligible employee.

4. The term "optional retirement program" means the retirement program
established pursuant to this article.

5. The term "electing employee" shall mean any eligible employee who
exercises his election pursuant to this article to come under the
optional retirement program.

6. The term "salary" means all amounts paid by or for the state as
compensation for services rendered by an eligible employee holding a
position with the state university or by or for a community college as
compensation for services rendered by an eligible employee holding a
position at such college.

7. The term "insurer" shall mean a life insurance corporation, or
other corporation subject to department of financial services
supervision.

8. The term "electing employer" means a community college which elects
to offer the optional retirement program as herein provided.

8-a. Beginning July first, two thousand thirteen, the term "electing
employer" shall also mean any public employer within the state of New
York that employs one or more employees who have elected to participate
in the optional retirement program established pursuant to this article.

9. The term "local sponsor" means any city, county, intermediate
school district, or school district approved by the board, sponsoring or
participating in the establishment or operation of a community college.