N.Y. Comp. Codes R. & Regs. tit. 2, § 152.5
(b) The adoption agreement shall contain a statement that the sponsor agrees to abide by the provisions of article 11-AAA of the General Municipal Law, the rules and regulations promulgated thereunder and the program and trust agreements, as amended from time to time. The adoption agreement shall incorporate the following terms of the program as determined by the sponsor:
(4) in the case of a defined benefit plan service award program which was not converted from a pre-existing defined contribution plan service award program:
(5) in the case of a defined benefit plan service award program which was converted from a defined contribution plan service award program: