§ 500. Application. a. Notwithstanding any other provision of law,
except as otherwise provided in subdivisions c and f of this section,
the provisions of this article shall apply to all members who join or
rejoin a public retirement system of the state on or after July first,
nineteen hundred seventy-six and to all employees who would have been
eligible to join or rejoin such a retirement system on or after such
date but in lieu thereof elected an optional retirement program to which
their employers are thereby required to contribute. In the event that
there is a conflict between the provisions of this article and the
provisions of any other law or code, the provisions of this article
shall govern.

b. Notwithstanding any other provision of this article to the
contrary, persons who on or after July first, nineteen hundred
seventy-six:

1. Enter the employment of a public employer which participates for
such employees in the New York city employees' retirement system, the
New York city teachers' retirement system, the New York city police
pension fund, article two, the New York city fire department pension
fund, article one-B, and the New York city board of education retirement
system shall be required to become members or shall be eligible or
ineligible for membership in such retirement system or pension fund in
the manner provided for by the relevant provisions of the New York city
administrative code and other relevant laws and rules and regulations.

2. Enter the employment of a public employer which participates for
such employees in the New York state teachers' retirement system shall
be required to become members or shall be eligible or ineligible for
membership in such retirement system in the manner provided for by the
relevant provisions of the New York state education law.

3. Enter the employment of a public employer which participates for
such employees in the New York state and local police and fire
retirement system shall be required to become members or shall be
eligible or ineligible for membership in such retirement system in the
manner provided for by the relevant provisions of this chapter.

4. Enter the employment of a public employer which participates for
such employees in the New York state employees' retirement system in
positions in which they shall work full time shall be required to become
members.

a. Provided, however, persons in the employ of such employers after
such date in positions in which they work less than full time shall be
permitted to become members of the New York state employees' retirement
system by filing an application therefor in the manner provided for by
section forty of this chapter.

b. Provided further that an employee of a county extension service
association or Cornell university appointed for the first time on or
after August first, nineteen hundred seventy-seven who holds a federal
cooperative appointment with the United States department of agriculture
as designated by the director of the New York state cooperative
extension service and who is eligible for participation in the federal
retirement system shall be excluded from membership in the state
employees' retirement system.

c. Provided further that any employee of a county extension service
association and any employee of Cornell university appointed for the
first time on or after July first, nineteen hundred seventy-six but on
or before July thirty-first, nineteen hundred seventy-seven, who holds a
state cooperative appointment as designated by the director of the New
York state cooperative extension service may elect to receive a federal
cooperative appointment in the manner provided for by the relevant
federal laws, rules and regulations and to participate in the federal
retirement system and discontinue his participation in the state
retirement system by filing a written notice of termination on or before
December thirty-first, nineteen hundred seventy-eight with the
comptroller. Any employee who is a member of the state employees'
retirement system at the time he or she elects coverage in the federal
retirement program shall be deemed to be a person who discontinues
service on the effective date of such election, for the purpose of
determining his or her eligibility for rights and benefits in such state
system; provided, however, that if he or she does not withdraw
accumulated contributions, (i) continued service with the county
extension service association or Cornell university while under the
federal retirement program shall be deemed to be member service in the
New York state employees' retirement system for the purpose of
determining eligibility for any vested retirement allowance, retirement
allowance or ordinary death benefit under such system dependent upon a
specified period of total service or upon attainment of a specified age
while in service or upon death while in service; and (ii) the amount of
any such benefit to which the person or his or her estate or person
designated by him or her may become entitled under either such system
shall be computed only on the basis of service otherwise creditable to
him or her therein and his or her compensation during such service.
Electing employees and their beneficiaries shall not be entitled to any
right or benefit under the New York state employees' retirement system
other than a vested retirement allowance, retirement allowance or
ordinary death benefit to the extent expressly provided for in this
chapter.

c. If the comptroller certifies that the contribution rate under this
article for any participating employer who is participating on the
effective date hereof would be at least one percent higher than the rate
which would be applicable to such employer for an employee who is
subject to article eleven of this chapter and who was hired prior to
July first, nineteen hundred seventy-six, the provisions of this article
shall not apply with respect to such participating employer, provided,
however that members who first join the New York state and local police
and fire retirement system on or after January first, two thousand ten
shall not be subject to the provisions of this article. In such event,
the provisions of article eleven and article twenty-two of this chapter
shall continue to be applicable to such participating employer and its
employees, as provided in section four hundred fifty-one of this
chapter. If, as a result of actuarial experience, such employer's
contribution rate should increase to the extent that it is not at least
one percent lower than the contribution rate under this article, then,
upon certification of such fact by the comptroller, the provisions of
this subdivision shall no longer apply with respect to the employees of
such employer who thereafter first join or rejoin a public retirement
system.

d. The provisions of this article shall not be construed to extend
coverage to an employee who would not have been, if employed in the same
capacity on June thirtieth, nineteen hundred seventy-six, eligible for
membership in the retirement system involved, or to provide an increase
in benefits to a member of a retirement system other than as provided by
sections five hundred six, five hundred seven, five hundred eight and
five hundred nine of this article.

e. Notwithstanding any other provision of law, any person who is not
required to become a member of a public retirement system of the state
by subdivision b of this section but who became a member on or after
July first, nineteen hundred seventy-six may terminate such membership
by filing a written notice of termination with the head of the
retirement system of which he is a member on or before July first,
nineteen hundred seventy-seven.

f. Notwithstanding the provisions of subdivision a of this section,
members who were employed by the New York city board of education and
assigned during the first fifteen days of the school term to a position
which is expected to be vacant for that term and who were employed in
one of the three school years immediately prior to July first, nineteen
hundred seventy-six in a position which did not entitle them to apply
for membership in a public retirement system who first joined the New
York city teachers' retirement system subsequent to June thirtieth,
nineteen hundred seventy-six shall have all the rights, benefits and
privileges applicable to employees who were members of such system on
June thirtieth, nineteen hundred seventy-six provided they make written
application, duly executed and filed with the New York city teachers'
retirement board prior to July first, nineteen hundred eighty-nine.

g. Notwithstanding the provisions of subdivision a of this section,
members who were employed by the New York city board of education as
regular substitute teachers when assigned as such and members who were
employed by the New York city board of education and assigned during the
school year to a position which was expected to be vacant for that
school year, such members having been employed for a period of not less
than twenty school days during such school year in a position which did
not entitle them to apply for membership in a public retirement system
who first joined the New York city teachers' retirement system or the
New York state teachers' retirement system subsequent to June thirtieth,
nineteen hundred seventy-six shall have all the rights, benefits and
privileges to which they would have been entitled had their current
membership begun on the date their original service commenced, provided
they make written application, duly executed and filed with the
retirement system in which they are members on or before June thirtieth,
two thousand three. Any member of a teachers' retirement system who is
entitled by reason of this chapter to have all the rights, benefits and
privileges of a member of such system as of a date prior to July first,
nineteen hundred seventy-six shall not be entitled to a refund of any
contributions made to such system prior to the effective date of this
subdivision pursuant to this article or article fifteen of this chapter.