N.Y. Comp. Codes R. & Regs. tit. 2 § 318.1
Sections 60 (f), 60-a, 60-b, 360 (g), 360-a, 360-a, 441 (c), 446 (c)(i), 448 (e), 508 (e), 513 (b)(i), 606 (e) and 609 (b) of the Retirement and Social Security Law relating to eligibility for retirement and death benefits contain or refer to the terms "continuous service" or "during which employment". The strict requirement of continuous service or during which employment can have very inequitable consequences, as the result of which members of the retirement systems can lose eligibility for retirement or death benefits. Sections 11 and 311 of the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System, respectively, permit the State Comptroller to adopt and amend rules and regulations for the administration of such retirement systems. Furthermore, the provisions of sections 446 (e) and 513 (d) of the Retirement and Social Security Law permit the State Comptroller to adopt rules and regulations, interpreting the provisions of sections 446 and 513 which are consistent with the intent thereof, subject to approval by the Permanent Commission on Public Employee Pension and Retirement Systems. As appears more particularly from the appended letters dated May 19, 1975, May 21, 1975, May 18, 1978, May 25, 1978 and December 19, 1991 (see Appendices 15, 15- A, 15-B, 15-C and 15-D infra), such approval has been issued, and this Part is hereby promulgated. Effective April 1, 1992, such pension commission is no longer in existence.
N.Y. Comp. Codes R. & Regs. Tit. 2 § 318.1