43:10-17 - Notice by employee of desire not to join;  effect;  right to become member

43:10-17.  Notice by employee of desire not to join;  effect;  right to become member
    Any employee in the service of a county of the first class who has heretofore, in accordance with law, notified, or, at his option, within thirty days after permanent appointment notifies, the pension commission in writing that he does not desire to be bound by the provisions of this article, shall have no deductions made from his salary.  In such event no pension shall be paid to him or his dependents under this article.

    Any such county employee who, prior to June third, one thousand nine hundred  and thirty-seven, declined to be bound by the provisions of this article, may,  notwithstanding such declination, within six months after said date, become a  member of said fund upon payment into the fund, in such manner as shall be  determined by the pension commission, all arrears, with interest, as the  pension commission shall determine to be due in order to give such employee the  same standing as a member of said fund as all other members who joined said  pension fund when the law providing for such fund became effective.  The  maximum rate of interest shall not exceed the average rate of earnings of the  investments of said fund.  The maximum length of time for the payment of  arrears shall be five years from the date of the application to join the fund.

    Any such county employee who, prior to June third, one thousand nine hundred  and thirty-seven, declined to be bound by the provisions of this article, may,  notwithstanding such declination, become a member of said fund upon written  application, and the regular deductions from the salary of such employee shall  commence upon the filing of such written application; provided, however, that  neither such employee, nor his dependents, shall be entitled to any of the  benefits of this article for a period of five years from the date of his  acceptance into the fund as aforesaid.