N.Y. Educ. Law § 186

§ 186. State not liable for payment of benefits. Neither the state\nnor the department shall be a party to any contract continued in whole\nor in part with contributions made under the education department\noptional retirement program established and administered pursuant to\nthis part V of this article. No retirement, death or other benefits\nshall be payable by the state or by the department under such education\ndepartment optional retirement program, except as otherwise provided in\nsection 184. Such benefits shall be paid to electing employees or their\nbeneficiaries by the designated insurer or insurers in accordance with\nthe terms of their contracts.\n