Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
§ 13-614 Termination of membership; transfer to New York city employees' retirement system.
   a.   Notwithstanding any other provision of law, any officer or employee of the department of sanitation who is a member of or entitled to membership in the relief and pension fund, and who, prior to the eighteenth day of May, nineteen hundred fifty, executed and filed an application for membership in the New York city employees' retirement system and made contributions to such retirement system in the same manner as a member thereof, may, prior to the first day of January, nineteen hundred fifty-two, elect to become a member of the New York city employees' retirement system by complying with the following conditions:
      1.   He or she shall file with the secretary of such retirement system a duly executed and acknowledged instrument of election renouncing all rights in the relief and pension fund, and
      2.   If the accumulated deductions of such officer or employee in such retirement system have been withdrawn or refunded, he or she shall pay into such retirement system the amount thereof, together with further interest thereon at an unchanged rate from the time of withdrawal or refund, and
      3.   If such officer or employee cease making contributions to such retirement system by reason of being entered on the rolls of the relief and pension fund as a member thereof, he or she shall pay into the New York city employees' retirement system the amount of accumulated deductions, computed to the time of payment, which would have been produced during such period of non-contribution by the contributions which would have been payable during such period if such officer or employee had been then a member of such retirement system.
   b.   Upon compliance by any such officer or employee with the conditions specified in subdivision a of this section, all rights in the relief and pension fund of such officer or employee shall terminate, and he or she shall become a member of the New York city employees' retirement system. The membership of such officer or employee in such system shall be deemed to have originally begun on the date when it would have begun (as determined by the commencement of the period with respect to which such officer or employee made contributions to such retirement system) if such officer or employee had been eligible for membership in such retirement system at the time of his or her original appointment to the department of street cleaning; provided that any such officer or employee shall be credited as a member of such retirement system with all periods of service which would have been credited to such officer or employee (including service credit purchased) if his or her membership in such retirement system had actually begun on the date when it is deemed to have begun as above provided. For the purpose of this section, the term "service" shall mean service (1) for which such officer or employee was paid and (2) with respect to which equivalent accumulated deductions (i) are on deposit in such retirement system to the credit of such officer or employee at the time of the enactment of this section, or (ii) are paid into such retirement system by such officer or employee pursuant to the provisions of paragraphs two and three of subdivision a of this section.
   c.   Any sum in the relief and pension fund representing contributions thereto by any such officer or employee making such election, together with interest thereon, if such interest was theretofore paid into such fund by or for the account of any such officer or employee, shall be transferred to the New York city employees' retirement system and shall be credited toward any payments required to be made by him or her under the provisions of paragraphs two and three of subdivision a of this section.
   d.   No such officer or employee making such election shall acquire any greater rights in such retirement system than he or she would possess if he or she had actually become a member thereof at the time when his or her membership is deemed to have commenced under the provisions of subdivision b of this section.
   e.   The privilege of electing to become a member of the New York city employees' retirement system conferred by this section shall apply only to living persons who qualify for the exercise of such privilege under this section.