All employees of the State or of a participating employer, who are not mandatory members of NYSLRS, have the right to join NYSLRS. The employer must advise these individuals of this right at the time of hire. The privilege of membership cannot be withheld by an employer.
Section 45 (RSSL), effective 1986, imposes requirements on employers hiring people whose NYSLRS membership is optional. Employers must, at the time of hiring, notify new employees in writing of the right to membership in the ERS.
The law also requires that each employee acknowledge having been given such notice by signing an acknowledgment and filing it with the employer. Here is a sample Section 45 document that you may use. Employers must keep these documents on file.
Note: Optional members are not required to join NYSLRS. However, if they do join, they can only end their membership by leaving public employment, and only if they have less than ten years of service credit.