§ 44. Certain local pension system credit for compensation received
for constitutional convention service. a. Notwithstanding anything to
the contrary contained in this chapter or any other general or local
law, charter or code, any person who while a delegate, officer or
employee of the convention to revise and amend the constitution of the
state in the year nineteen hundred sixty-seven was also a member of a
local pension system shall be entitled to elect to have the total salary
or wages paid to such delegate, officer or employee for such convention
service cumulatively added to the salary or wages otherwise credited to
such person for such calendar year in the local pension system for all
purposes. Such election shall be made in writing to this retirement
system and such local system on or before July first, nineteen hundred
seventy.

b. Upon such election, the actuary of the state employee's retirement
system shall determine the total value of all reserves to the credit of
such member in the state employees' retirement system as a result of
contributions made by the state and his contributions to the state
employees' retirement system for such service, if any, and shall
transfer the total amount thereof to the local pension system in the
manner provided by section forty-three of the retirement and social
security law.

c. After such deposit and transfer, the actuary of the local pension
system shall determine the total amount which would have been required
to be paid into the appropriate funds of the local pension system by
both the member and the municipality had such service been rendered to
the municipality. From such total amount there shall be deducted the
total amount of contribution and reserves transferred as provided in
subdivision b of this section. Any deficiency in the result so obtained
shall be paid by the member into the appropriate account and funds in
the local pension system.

d. Thereafter, and upon payment of any additional contributions that
may be required by subdivision c of this section, such member shall be
entitled to all the rights, privileges, immunities, benefits, refunds,
increases, advances, insurance, pension, annuities, retirement
allowances, death benefits and options for such service under the local
pension system in the same manner and to the same extent as if such
service had been creditable under such local pension system. Such member
who at the time of such service as a delegate was a member of both the
state employees' retirement system and of a local pension system and who
later transferred, pursuant to section forty-three of this chapter the
total amount of his contributions and reserves from the state employees'
retirement system to such local system, shall in computing his final
average salary in such local system be entitled to credit for the year
nineteen hundred and sixty-seven for his total compensation received
from the state, from the convention and from his local employer.
Provided, however, that service as such delegate, officer or employee
shall not be used in computing the member's length of service for the
purpose of determining the amount of his retirement allowance.

e. The provisions of this section shall be available only to those
members of a local pension system whose eligibility for retirement is
based upon attainment of a specified age, or thirty or more years of
service.

f. The provision of this section shall be controlling, notwithstanding
any provision of this chapter or any general, special, local law or city
or village charter code, ordinance, resolution, rule or regulation to
the contrary.