WHEN POSITIONS ARE CONSIDERED UNDER A RETIREMENT SYSTEM Sample Clauses

WHEN POSITIONS ARE CONSIDERED UNDER A RETIREMENT SYSTEM. Whether a position is under a retirement system is not determined by whether the incumbent is a member of the system, personally ineligible to join the system or whether he has or had an option to join the retirement system. A position is under a retirement system if any individual who occupies the position may become a member of the retirement system by virtue of his occupancy of the position. See SL 30001.380 for newly created or reclassified positions. Example: A hospital, formerly operated by the State as an integral part of the State government, is now operated by a hospital authority, an instrumentality established for this purpose and legally separate from the State government. The State Employees Retirement System (SERS) covers only positions of State employees. Employees, formerly employed by the State who became employees of the hospital authority on the date of its establishment are allowed to retain membership in SERS. Newly hired employees may not become members. It is possible for any position to be occupied by a former State employee who retained membership in SERS. All employees of the hospital authority therefore occupy positions under SERS even though the employees themselves may not be members of SERS (either newly hired employees or existing employees who did not elect to retain SERS membership).
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