§ 446 — Credit for service

§ 446. Credit for service. a. Part-time service.\n 1. A member of a retirement system who is subject to the provisions of\nthis article who works less than full time, which for the purposes of\nthis article shall mean less than thirty hours a week in the cae of a\nmember who has a specified work-week, shall receive retirement credit\nfor such service in accordance with the following provisions:\n (a) A member employed on an hourly basis who works for five hundred or\nmore hours a year and who is on the payroll for a minimum of five months\nin the year shall receive credit on a prorated basis, but in no event\nshall less than six hours constitute a full day's retirement credit;\n (b) A member employed on a per diem basis who works at least sixty\ndays in a year and who is on the payroll for a minimum of five months in\nthe year shall receive retirement credit on a day-for-day basis, but in\nno event shall less than six hours constitute a full day's retirement\ncredit;\n (c) If the annual salary of a member paid on a basis other than per\ndiem or per hour would be less than the product of the state's minimum\nwage during such period and two thousand hours, the presumption shall be\nthat such a member is a part-time employee and any retirement credit\ngranted shall be prorated; provided, however, such a member shall not\nreceive greater credit than a member working on a per diem basis.\n 2. Except for retirement credit for military service as specified in\nsubdivision d of this section, a member shall not receive retirement\ncredit for any day that he is not on the payroll of the state, a\npolitical subdivision thereof, or a participating employer.\nNotwithstanding any other provisions of this section, with respect to\nmembers of the New York state employees' retirement system, teachers as\ndefined in section one hundred thirty-six of the civil service law,\nemployed full time for the school year, shall be deemed on the payroll\nof the state, for twelve months in crediting retirement service credit\nfor service rendered. For the purposes of this paragraph the comptroller\nshall define school year by regulation.\n 3. The membership of any member who is subject to the provisions of\nthis subdivision a, or to the provisions of any rule or regulation\npromulgated and approved in accordance with the provisions of\nsubdivision f of this section, shall be continued and shall not be\nterminated for so long as such member is actually in service.\n b. Previous service.\n A member of a retirement system who is subject to the provisions of\nthis article shall be eligible to obtain retirement credit for previous\nservice if retirement credit had previously been granted for such\nservice or if such service that would have been creditable in one of the\npublic retirement systems of the state, as defined in subdivision\ntwenty-three of section five hundred one of this chapter, at the time\nsuch service was rendered, if the individual had been a member of such\nretirement system and the member has rendered a minimum of two years of\ncredited service after July first, nineteen hundred seventy-three;\nprovided, however, retirement credit may be granted for service which\npredates the date of entry into the retirement system if such service is\notherwise creditable and was rendered by an employee during which\nemployment he was ineligible to join a public retirement system.\n * b-1. Employer pick-up of contributions in respect of previous\nservice. Notwithstanding any other provision of law, any member of the\nNew York city teachers' retirement system eligible to purchase credit\nfor previous service with a public employer pursuant to subdivision b of\nthis section, may elect to purchase any or all of such service by\nexecuting a periodic payroll deduction agreement. Such agreement shall\nset forth the amount of previous service being purchased, the estimated\ntotal cost of such service credit, and the number of payroll periods in\nwhich such periodic payments shall be made. Such agreement shall be\nirrevocable, shall not be subject to amendment or modification in any\nmanner, and shall expire only upon completion of payroll deductions\nspecified therein. Notwithstanding the foregoing, any member who has\nentered into such a payroll deduction agreement and who terminates\nemployment prior to completion of the payments required therein shall be\ncredited with any service as to which such member shall have paid the\ncontributions required under the terms of such agreement.\n * NB Effective until notice of ruling by Internal Revenue Service per\nch. 627/2007 §22\n * b-1. Employer pick-up of contributions in respect of previous\nservice or military service. Notwithstanding any other provision of law,\nany member of the New York city teachers' retirement system, the New\nYork state teachers' retirement system, the New York city employees'\nretirement system, the New York city board of education retirement\nsystem, the New York state and local employees' retirement system, the\nNew York state and local police and fire retirement system or the New\nYork city fire department pension fund eligible to purchase credit for\nprevious service with a public employer pursuant to subdivision b of\nthis section or to purchase credit for military service pursuant to\narticle twenty of this chapter, may elect to purchase any or all of such\nservice by executing a periodic payroll deduction agreement where and to\nthe extent such elections are permitted by the member's retirement\nsystem by rule or regulation. Such agreement shall set forth the amount\nof previous service or military service being purchased, the estimated\ntotal cost of such service credit, and the number of payroll periods in\nwhich such periodic payments shall be made. Such agreement shall be\nirrevocable, shall not be subject to amendment or modification in any\nmanner, and shall expire only upon completion of payroll deductions\nspecified therein. Notwithstanding the foregoing, any member who has\nentered into such a payroll deduction agreement and who terminates\nemployment prior to completion of the payments required therein shall be\ncredited with any service as to which such member shall have paid the\ncontributions required under the terms of such agreement.\n * NB Takes effect upon notice of ruling by Internal Revenue Service\nper ch. 627/2007 §22 -- expires per ch. 691/2004 §8\n c. Creditable service.\n A member of a retirement system who is subject to the provisions of\nthis article shall not be eligible to obtain retirement credit for\nservice with a public employer other than the state of New York, a\npolitical subdivision thereof, a public benefit corporation, or a\nparticipating employer; provided, however, military service with the\nfederal government may be credited pursuant to section two hundred\nforty-three of the military law up to a maximum of four years; and\nfurther provided that retirement credit may be granted for service with\nan agency located within the state of New York currently specified in\nthe law as providing retirement credit for service.\n d. To facilitate administration of the provisions of this section the\nadministrative head or the trustees of a retirement system, as may be\nappropriate, may make interpretations of the provisions of this section\nwhich are consistent with the intent of this section, but such\ninterpretations shall not take effect unless publicly promulgated.\n f. Notwithstanding any other provision of law, any member of the New\nYork state and local employees' retirement system who is subject to the\nprovisions of this article and who is employed by a school district, a\nboard of cooperative educational services, a vocational education and\nextension board, an institution for the instruction of the deaf and of\nthe blind as enumerated in section four thousand two hundred one of the\neducation law, or a school district as enumerated in section one of\nchapter five hundred sixty-six of the laws of nineteen hundred\nsixty-seven as amended to date, shall have their service credit for\nservice rendered on or after January first, nineteen hundred ninety\ndetermined by dividing the number of days worked in a school year by one\nhundred eighty. For the purpose of this section a school year will begin\non July first and end the following June thirtieth. No more than one\nyear of service may be credited during any such fiscal year. Credit for\nservice rendered before January first, nineteen hundred ninety shall be\ndetermined in the same manner if a person eligible for such benefit\nshall file the appropriate application with the state comptroller on or\nbefore August second, nineteen hundred ninety-six and, within five years\nof filing such application, make payment for all costs necessary to\nfinance the receipt of such service credit.\n g. Notwithstanding the provisions of subdivision c of this section, a\nmember of a retirement system who is subject to the provisions of this\narticle shall be eligible to obtain retirement credit for previous\nservice if retirement credit has previously been granted for such\nservice rendered prior to January first, nineteen hundred fifty-five and\nif such member has rendered a minimum of three years of credited service\nafter July first, nineteen hundred seventy-three.\n h. The provisions of paragraph one of subdivision a of this section\nshall not apply to members of the New York city employees' retirement\nsystem or the New York city board of education retirement system who are\nsubject to the provisions of this article. The crediting of service for\nsuch members of such retirement systems shall be governed by the\napplicable provisions of subdivision c of section 13-638.4 of the\nadministrative code of the city of New York, and the other applicable\nprovisions of such code and of the rules and regulations of such board\nof education retirement system.\n i. Except for retirement credit for military service as specified in\nsubdivision c of this section, a member shall not receive retirement\ncredit for any day that he is not on the payroll of the state, a\npolitical subdivision thereof, or a participating employer.\nNotwithstanding any other provision of this section to the contrary,\nwith respect to members of the New York state and local employees'\nretirement system, a member who is employed by a community college as\ndefined in section six thousand three hundred one of the education law\nor who is employed by any unit of the state university of New York as\ndefined in section three hundred fifty of the education law, and who is\nin the classified service as that term is defined in section forty of\nthe civil service law, and who is employed for the full academic year,\nfull academic year shall mean the fall and spring semesters during which\nacademic courses are offered, shall be deemed to be on the payroll of\nsuch community college or state university for twelve months in\ncrediting retirement service credit for service rendered.\n j. Except for retirement credit for military service as specified in\nsubdivision c of this section, a member shall not receive retirement\ncredit for any day that he is not on the payroll of the state, a\npolitical subdivision thereof, or a participating employer.\nNotwithstanding any other provision of this section to the contrary, a\nmember of the New York state and local employees' retirement system who\nis employed by a community college as defined in section six thousand\nthree hundred one of the education law or who is employed by any unit of\nthe state university of New York as defined in section three hundred\nfifty of the education law, and who is in the unclassified service of\nthe civil service as defined in subdivisions (h) and (i) of section\nthirty-five of the civil service law, and who is employed for the full\nacademic year, full academic year shall mean the fall and spring\nsemesters during which academic courses are offered, shall be deemed to\nbe on the payroll of such community college or state university for\ntwelve months in crediting retirement service credit for service\nrendered.\n