§ 801. Transfer rights. a. Except as provided in subdivision b of
this section, any member of a public retirement system who by reason of
simultaneous membership in two public retirement systems, would have
been entitled to transfer membership in a public retirement system
pursuant to any provision of law, but failed to make a timely election
to do so shall be entitled to transfer membership if written notice is
given to such system no later than January first, nineteen hundred
ninety-eight, or within one year of the enactment of a local law by the
city of New York for a member who: (i) is an employee of the city of New
York; or (ii) is not an employee of the city of New York, but has prior
employment with such city without which he or she would be ineligible
for the benefit provided by this section.

b. For a membership occurring prior to April first, nineteen hundred
ninety-three pursuant to any provision of law, a public retirement
system shall have the authority to grant relief from a failure to
transfer such membership if the member would have been eligible to
transfer such membership to the system granting relief if he or she had
joined the system granting relief on the commencement of employment,
provided that the member had been continuously (as defined in paragraph
two of subdivision b of section eight hundred three of this article)
employed in such employment from the commencement of eligible employment
until the member joined the system and the member files written notice
with the system no later than January first, nineteen hundred
ninety-eight, or within one year of the enactment of a local law by the
city of New York for a member who: (i) is an employee of the city of New
York; or (ii) is not an employee of the city of New York, but has prior
employment with such city without which he or she would be ineligible
for the benefit provided by this section.

c. As a condition for transfer pursuant to subdivisions a and b of
this section, the employee must deposit within one year of the filing of
the written notice of intention to transfer as provided in subdivision a
or b of this section, with the public retirement system of which the
employee is a member, an amount equal to the amount withdrawn from the
public retirement system of which the employee had been a member with
interest thereon as prescribed by the retirement system of which the
employee is a member. When such deposit has been made, a calculation and
transfer of the reserve on such employee's benefit shall be made.

d. Except as expressly provided herein, the applicable rules relating
to the transfer of membership, including the transfer of reserves, shall
apply to the transfer of membership permitted hereunder.

e. This section shall not be construed to continue membership in any
retirement system.