New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 338 - Termination Of Membership In New York State Employees' Retirement System Pursuant To Articles 14 And 15 Of The Retirement And Social Security Law
Section 338.1 - Background

Section 519 of the Retirement and Social Security Law and section 614 of the Retirement and Social Security Law authorize the State Comptroller, as head of the New York State Employees' Retirement System, to promulgate regulations pertaining to the termination of membership in the system by members subject to articles 14 and 15, respectively, of the Retirement and Social Security Law. Employee contributions made to the retirement system pursuant to section 613 of the Retirement and Social Security Law by members who joined the retirement system on or after September 1, 1983 must remain on deposit until the member has attained age 62 or died. This regulation is promulgated to provide the conditions upon which membership in the retirement system will terminate pursuant to the provisions of articles 14 and 15 of the Retirement and Social Security Law so as to ensure that membership will not automatically terminate prior to the date a member sould be otherwise eligible for benefits in the retirement system or for a refund of contributions.