N.Y. EDN Law § 180

§ 180. Definitions. Wherever used in this part V of this article:\n 1. The term "eligible employee" means each employee of the education\ndepartment who occupies a position which is designated by the\ncommissioner as requiring the rendering of professional services within\nthe field of supervision of higher education, and who, at the time of\nhis initial employment with the department or within one year prior\nthereto, owns or owned a contract which may legally be continued\npursuant to this part. An eligible employee who has elected to be\ncovered by the education department optional retirement program shall\nnot be deemed ineligible by virtue of a subsequent assignment within the\neducation department to a sphere of responsibility outside of the field\nof supervision of higher education. No person receiving a retirement\nbenefit from any retirement or pension system of New York state or any\npolitical subdivision thereof shall be eligible to elect the education\ndepartment optional retirement program.\n 2. The term "education department optional retirement program" means\nthe retirement program established pursuant to part V of this article.\n 3. The term "electing employee" means any eligible employee who\nexercises his election pursuant to this part V of this article to\nparticipate in the education department optional retirement program.\n 4. The term "state salary" means all amounts paid by or for the state\nas compensation for services rendered by an eligible employee.\n 5. The term "insurer" means a life insurance corporation, or other\ncorporation, subject to department of financial services supervision.\n