§ 45. Right to membership. Upon the employment of any employee whose
right to membership in a public retirement system of the state, which
for purposes of this section shall include any public retirement system
other than the New York state teachers' retirement system, has been made
optional by the head of the retirement system involved, the employer
shall inform the employee in writing of the right to join the system.
Each such employee shall acknowledge the receipt of such notice by
signing a copy thereof and filing it with such employer; provided,
however, the failure to inform such employee shall not in any way be
construed to waive the requirement that membership for such an employee
commences only when an application for membership is filed with the
system, nor shall it be construed to waive any of the eligibility
requirements for previous service credit.