2 CRR-NY 340.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
2 CRR-NY 340.1
2 CRR-NY 340.1
340.1 Background.
Sections 40, 500 and 600 of the Retirement and Social Security Law provide that individuals in certain categories of employment are eligible, but not required, to join the New York State Employees' Retirement System. These individuals join the New York State Employees' Retirement System upon filing a membership application with the Comptroller, and are referred to as “optional members.” Pursuant to those provisions, the Retirement System has established a practice of determining the date of membership of such optional members as the date on which the appropriate membership application is filed with the Comptroller. Court decisions have consistently held that a Retirement System document is filed with the Comptroller for Retirement and Social Security Law purposes on the date that it is received by the office or individual responsible for receiving such document. Accordingly, the Retirement System has established a longstanding practice of determining the date of membership for optional members as the date on which the membership application is received by the Comptroller. This Part is promulgated to set forth the procedures to be used in establishing the date of membership in the New York State Employees' Retirement System for individuals in categories of employment which render them optional members of said system.
2 CRR-NY 340.1
Current through February 28, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.