Whereas the Retirement and Social Security Law provides for six separate and distinct levels of membership and benefits with respect to members of the New York State and Local Employees' Retirement System, and five separate and distinct levels of membership with respect to members of the New York State and Local Police and Fire Retirement System; and whereas the judicial decisions in Oliver v. County of Broome, 113 AD2d 239, lv denied 67 NY2d 607, appeal dismissed 67 NY2d 1027, held that the State Constitution prohibits the application of article 14 of the Retirement and Social Security Law, which was not signed into law until July 26, 1976, in any manner which would diminish the rights or benefits of individuals who joined the New York State and Local Employees' Retirement System on or after July 1, 1973 and before July 27, 1976; and whereas the application of the Oliver principle to chapter 1046 of the Laws of 1973, which purported to apply the limitations of article 11 of the Retirement and Social Security Law to individuals who joined the New York State and Local Police and Fire Retirement System on or after July 1, 1973, but which was not signed into law until July 31, 1973, requires that individuals who joined the New York State and Local Police and Fire Retirement System on or before July 31, 1973 may not have their tier rights and benefits diminished under the provisions of article 11 of such law; and whereas it is necessary to identify the members subject to specific provisions, benefits and limitations of the Retirement and Social Security Law, this regulation is promulgated to identify and define the levels of membership within the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.