Sec. 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.