N.Y. Retire. & Soc. Sec. Law § 901

§ 901. Election of benefit enhancements. a. A state employer may elect\nto provide its employees the benefit enhancements provided for in\nsection nine hundred two of this article.\n 1. With respect to members of a retirement system employed in the\nexecutive branch (including employees of an institution for the\ninstruction of the deaf and of the blind as enumerated in section four\nthousand two hundred one of the education law), such election shall be\nmade by the governor.\n 2. With respect to members of a retirement system employed by the\nsenate, such election shall be made by adoption of a resolution by the\nsenate.\n 3. With respect to members of a retirement system employed by the\nassembly, such election shall be made by adoption of a resolution by the\nassembly.\n 4. With respect to members of a retirement system employed by joint\nlegislative employers, such election shall be made by adoption, and\nconsistent with rules established by, a concurrent resolution of the\nsenate and assembly.\n b. An election to provide benefit enhancements pursuant to subdivision\na of this section may be made applicable to all employees of a state\nemployer or to all employees who are represented by a specific\ncollective bargaining organization, recognized or certified pursuant to\narticle fourteen of the civil service law, and/or to all employees who\nare not represented for the purposes of collective bargaining subject to\nthe limitation provided in section nine hundred two of this article.\n