§ 600. Application. a. Notwithstanding any other provision of law, 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, except the following:

1. Members of the New York state and local police and fire retirement
system;

2. (a) Members in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision
of New York state, other than certain persons as defined in this section
or the New York city department of correction.

(b) For purposes of this paragraph, certain persons means either:

(i) a person who is appointed to the title of superintendent, who has
had at least seven years of service credited toward the retirement plan
established pursuant to this article while employed by the department of
corrections and community supervision and who elects the retirement plan
established pursuant to this article within ninety days of his or her
appointment. Such election shall be in writing, shall be duly executed
and filed with the comptroller and shall be irrevocable as long as such
person is in the title of superintendent; or

(ii) a person who serves in the title of superintendent as of April
first, two thousand six, who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of corrections and community
supervision and who elects the retirement plan established pursuant to
this article on or before September thirtieth, two thousand six. Such
election shall be in writing, shall be duly executed and filed with the
comptroller and shall be irrevocable as long as such person is in the
title of superintendent.

(c) Any person in the title of superintendent who is eligible to make
an election as described in this section but who does not make such
election, shall remain a member of the retirement plan that persons
appointed to the title of superintendent join who do not meet the above
criteria.

3. Members of the New York city police pension fund or the New York
city fire department pension fund;

4. Members qualified for participation in the uniformed transit police
force plan or housing police force plan in the New York city employees'
retirement system;

5. Investigator members of the New York city employees' retirement
system; and

6. Members of the uniformed force of the New York city department of
sanitation who join or rejoin a public retirement system of the state on
or after April first, two thousand twelve.

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 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 except that, notwithstanding any other provision of law,
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 the 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 and 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;

1-a. 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 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 except that, notwithstanding any other provision of law,
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 the 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 and
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 paragraph 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 paragraph pursuant to this article or article fourteen of this
chapter;

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 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; and

(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 eighty-three 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. 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.