§ 513 — Credit for service

§ 513. Credit for service. a. Part-time service.\n 1. A member who works less than full time, which for the purposes of\nthis article shall mean less than thirty hours a week, shall receive\nretirement credit for such service in accordance with the following\nprovisions:\n (i) 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 (ii) 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 (iii) 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 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 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 * 2-a. Except for retirement credit for military service as specified\nin subdivision 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,\nand who is in the classified service as that term is defined in section\nforty 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 for twelve months in\ncrediting retirement service credit for service rendered.\n * NB There are 2 paragraph 2-a's in sb a\n * 2-a. Except for retirement credit for military service as specified\nin subdivision 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, and who is in the unclassified\nservice of the civil service as defined in subdivision (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 for twelve months in\ncrediting retirement service credit for service rendered.\n * NB There are 2 paragraph 2-a's in sb a\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 e of this section, shall be continued and shall not be\nterminated for so long as such member is actually in service during the\nperiod this article is in effect.\n 4. Notwithstanding any other provision of law, for the purposes of\nretirement service credit, retirement contribution and final average\nsalary of members of the New York state and local employees' retirement\nsystem, a member who has been granted service credit for a period of\ntime for which he or she received compensation or wages shall not lose\nsuch credit by virtue of the fact that the employer has subsequently\nbeen reimbursed by a workers' compensation carrier with respect to all\nor a portion of the compensation or wages paid for such period.\n 5. Notwithstanding any other provision of law, for the purposes of\nretirement credit, retirement contribution and final average salary\nunder this chapter, the compensation of a member of the New York city\nemployees' retirement system who is either (i) a Triborough bridge and\ntunnel member as defined in section six hundred four-c of this chapter\nas added by chapter four hundred seventy-two of the laws of nineteen\nhundred ninety-five or as defined in section six hundred four-c of this\nchapter as added by chapter ninety-six of the laws of nineteen hundred\nninety-five or to whom article sixteen of this chapter is applicable, or\n(ii) a New York city transit authority member as defined in section six\nhundred four-b of this chapter, for the period during which he or she\nreceives a workers' compensation benefit shall be deemed to be the full\ncompensation or salary such employee would have earned or been entitled\nto receive had he or she not received the workers' compensation benefit.\nDuring the period of time a member receives payment of such workers'\ncompensation benefit, such member shall be deemed on the payroll in full\nstatus for the aforementioned purposes.\n b. Previous service. A member shall be eligible to obtain retirement\ncredit hereunder for previous service with a public employer if\nretirement credit had previously been granted for such service or if\nsuch service which would have been creditable in one of the public\nretirement systems of the state, as defined in subdivision twenty-three\nof section five hundred one of this article, at the time such service\nwas rendered, if the individual had been a member of such retirement\nsystem and the member has rendered a minimum of two years of credited\nservice after July first, nineteen hundred seventy-six or after last\nrejoining a public retirement system, if later; provided, however,\nretirement credit may be granted for service which predates the date of\nentry into the retirement system if such service is otherwise creditable\nand was rendered by an employee of a public employer during which\nemployment he was ineligible to join a public retirement system provided\nthat such public employer was participating in a public retirement\nsystem of the state at the time of such employment, or is so\nparticipating at the time that credit for such previous service is being\nsought.\n * b-1. Employer pick-up of contributions in respect of previous\nservice or military service. Notwithstanding any other provision of law,\nany member eligible to purchase credit for previous service with a\npublic employer pursuant to subdivision b of this section or to purchase\ncredit for military service pursuant to article twenty of this chapter,\nmay elect to purchase any or all of such service by executing a periodic\npayroll deduction agreement where and to the extent such elections are\npermitted by the retirement system by rule or regulation. Such agreement\nshall set forth the amount of previous service or military service being\npurchased, the estimated total cost of such service credit, and the\nnumber of payroll periods in which such periodic payments shall be made.\nSuch agreement shall be irrevocable, shall not be subject to amendment\nor modification in any manner, and shall expire only upon completion of\npayroll deductions required therein. Notwithstanding the foregoing, any\nmember who has entered into such a payroll deduction agreement and who\nterminates employment prior to the completion of the payments required\ntherein shall be credited with any service as to which such member shall\nhave paid the contributions required under the terms of the agreement.\n * NB Takes effect upon notice of ruling by Internal Revenue Service --\nexpires per ch. 627/2007 §22\n c. Creditable service. 1. A member shall not be eligible to obtain\ncredit for service with a public employer other than the state of New\nYork, a political subdivision thereof, a public benefit corporation, or\na participating 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\nlaw as providing retirement credit for service.\n 2. (i) A police/fire member shall be eligible to obtain credit for\nservice with a public employer described in paragraph one only if such\nservice, if rendered prior to July first, nineteen hundred seventy-six\nby a police/fire member who was subject to article eleven of this\nchapter, would have been eligible for credit in the police/fire\nretirement system or plan involved.\n (ii) Notwithstanding any other provision of law to the contrary, a\nmember of the New York city fire department pension fund subject to this\narticle shall be eligible to obtain credit for any period of allowable\nservice rendered as an EMT member, as such term is defined in paragraph\none of subdivision a of section six hundred four-e of this chapter, as\nadded by chapter five hundred seventy-seven of the laws of two thousand,\nwhich immediately precedes service in the uniformed force of the fire\ndepartment and such service shall be deemed to be in service of the\nuniformed force of the fire department for purposes of eligibility for\nbenefits and to determine the amount of benefits under the New York city\nfire department pension fund, provided that such member pays or\ntransfers into the New York city fire department pension fund all member\ncontributions set forth in section five hundred seventeen of this\narticle plus interest, at a rate of five percent per annum. For a member\nwho transfers such contributions from the New York city employees'\nretirement system to the New York city fire department pension fund or\nfor a member who withdraws such contributions from the New York city\nemployees' retirement system, such member's membership in the New York\ncity employees' retirement system shall cease upon such transfer or\nwithdrawal and such member shall retain no credited service in such\nsystem.\n (iii) The provisions of this paragraph shall apply to a member with\nten or more years of credited service in the New York city employees'\nretirement system, notwithstanding the provisions of section six hundred\nthirteen of this chapter or any other provision of law to the contrary.\n d. To facilitate administration of the provisions of this section the\nhead of a retirement system may make interpretations of the provisions\nof this section which are consistent with the intent of this section,\nbut such interpretations shall not take effect unless publicly\npromulgated.\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. 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 h. Notwithstanding any other provision of this section, any general\nmember in the uniformed correction force of the New York city department\nof correction and any member of the uniformed force of the New York city\ndepartment of correction who is a New York city uniformed\ncorrection/sanitation revised plan member, who is absent without pay for\na child care leave of absence pursuant to regulations of the New York\ncity department of correction shall be eligible for credit for such\nperiod of child care leave provided such member files a claim for such\nservice credit with the retirement system by December thirty-first, two\nthousand five or within ninety days of the termination of the child care\nleave, whichever is later, and contributes to the retirement system an\namount which such member would have contributed during the period of\nsuch child care leave, together with interest thereon. Service credit\nprovided pursuant to this subdivision shall not exceed one year of\ncredit for each period of authorized child care leave. In the event\nthere is a conflict between the provisions of this subdivision and the\nprovisions of any other law or code to the contrary, the provisions of\nthis subdivision shall govern.\n