(b) An individual's employer shall not be considered an agent of the Comptroller under this Part, and accordingly the delivery of a membership application to an individual's employer shall not result in enrollment in the New York State and Local Employees' Retirement System and shall not have any effect on the date of the individual's date of membership.

1. (1) The employer of an individual makes telephone contact with the Retirement System's telephone registration unit and advises such unit that the individual has commenced employment in a position which would entitle the individual to membership in the Retirement System.
2. (2) The employer, in the course of such telephone call, notifies the Retirement System's telephone registration unit of the name, date of birth and Social Security number of such employee.
3. (3) The employer, during the course of such telephone conversation, states that the member is in the process of filling out a membership application, and that such application will be mailed to the Retirement System in the immediate future.
4. (4) The membership application is subsequently received by the Retirement System.
5. (5) Nothing in this Part shall result in the membership of an individual who is not eligible to join the Retirement System upon the filing of a membership application.

(c) Telephone registration.

Notwithstanding the above, an individual's employer shall be considered an agent of the Comptroller for the limited purpose of accepting a membership application, and a membership application shall be deemed received by the Comptroller on the date of telephone registration, if all of the following requirements are met: