The determination herein was not arbitrary or capricious as the transfer statute clearly provided that transfers "shall be governed by the provisions of applicable law" (L 1991, ch 675, § 5). The applicable law provides that an officer must be a member of the Police Pension Fund in order to receive POVSF benefits (Administrative Code of City of N Y § 13-271 [a] [1]; § 13-268 [5]), and that, as transferees, they would not become members until 1992, and then would only qualify for Tier B benefits and not Tier A benefits upon retirement (Administrative Code § 13-271). Nor can the law allowing for retroactive credit in the Pension Fund assist petitioners herein (Administrative Code § 13-143 [b]), as the statute creating the POVSF specifically provides that it is not to be construed as a pension fund (Administrative Code § 13-269 [b]; Poggi v City of New York, 109 A.D.2d 265, affd 67 N.Y.2d 794).
As the transfer statute also provided that chief administrative officers promulgate rules and regulations necessary to implement the transfers (L 1991, ch 675, § 8), the court also properly refused to intervene in legitimate agency rule-making authority with respect to seniority rights (see, Matter of Bates v Toia, 45 N.Y.2d 460, 464).
Concur — Milonas, J.P., Ellerin, Kassal and Rubin, JJ.