§ 901. Election of benefit enhancements. a. A state employer may elect
to provide its employees the benefit enhancements provided for in
section nine hundred two of this article.

1. With respect to members of a retirement system employed in the
executive branch (including employees of an institution for the
instruction of the deaf and of the blind as enumerated in section four
thousand two hundred one of the education law), such election shall be
made by the governor.

2. With respect to members of a retirement system employed by the
senate, such election shall be made by adoption of a resolution by the
senate.

3. With respect to members of a retirement system employed by the
assembly, such election shall be made by adoption of a resolution by the
assembly.

4. With respect to members of a retirement system employed by joint
legislative employers, such election shall be made by adoption, and
consistent with rules established by, a concurrent resolution of the
senate and assembly.

b. An election to provide benefit enhancements pursuant to subdivision
a of this section may be made applicable to all employees of a state
employer or to all employees who are represented by a specific
collective bargaining organization, recognized or certified pursuant to
article fourteen of the civil service law, and/or to all employees who
are not represented for the purposes of collective bargaining subject to
the limitation provided in section nine hundred two of this article.