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 340 - Date Of Membership For Optional Members Of The New York State And Local Employees' Retirement System
Section 340.2 - Date of membership

Universal Citation: 2 NY Comp Codes Rules and Regs § 340.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The date of membership for individuals in categories of employment which make them eligible, but not required, to join the New York State and Local Employees' Retirement System pursuant to sections 40, 500 and 600 of the Retirement and Social Security Law shall be the date on which an appropriate and duly completed membership application form is received by the Comptroller.

(b) An individual's employer shall not be considered an agent of the Comptroller under this Part, and accordingly the delivery of a membership application to an individual's employer shall not result in enrollment in the New York State and Local Employees' Retirement System and shall not have any effect on the date of the individual's date of membership.

(c) Telephone registration. Notwithstanding the above, an individual's employer shall be considered an agent of the Comptroller for the limited purpose of accepting a membership application, and a membership application shall be deemed received by the Comptroller on the date of telephone registration, if all of the following requirements are met:

(1) The employer of an individual makes telephone contact with the Retirement System's telephone registration unit and advises such unit that the individual has commenced employment in a position which would entitle the individual to membership in the Retirement System.

(2) The employer, in the course of such telephone call, notifies the Retirement System's telephone registration unit of the name, date of birth and Social Security number of such employee.

(3) The employer, during the course of such telephone conversation, states that the member is in the process of filling out a membership application, and that such application will be mailed to the Retirement System in the immediate future.

(4) The membership application is subsequently received by the Retirement System.

(5) Nothing in this Part shall result in the membership of an individual who is not eligible to join the Retirement System upon the filing of a membership application.

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