NY Ret & SS L § 513 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 513 - Credit for Service.

§ 513. Credit for service. a. Part-time service.   1.  A  member who works less than full time, which for the purposes of this article shall mean less than thirty hours  a  week,  shall  receive retirement  credit  for  such  service  in accordance with the following provisions:  (i) A member employed on an hourly basis who works for five hundred or more hours a year and who is on the payroll for a minimum of five months in the year shall receive credit on a prorated basis, but  in  no  event shall less than six hours constitute a full day's retirement credit;  (ii)  A  member  employed on a per diem basis who works at least sixty days in a year and who is on the payroll for a minimum of five months in the year shall receive retirement credit on a day-for-day basis, but  in no  event  shall  less than six hours constitute a full day's retirement credit;  (iii) If the annual salary of a member paid on a basis other than  per diem  or  per hour would be less than the product of the state's minimum wage during such period and two thousand hours, the presumption shall be that such a member is a part-time employee  and  any  retirement  credit granted  shall  be  prorated; provided, however, such a member shall not receive greater credit than a member working on a per diem basis.   2. Except for retirement credit for military service as  specified  in subdivision  c  of  this  section, a member shall not receive retirement credit for any day that he is  not  on  the  payroll  of  the  state,  a political    subdivision   thereof,   or   a   participating   employer. Notwithstanding any other provisions of this section,  with  respect  to members  of the New York state employees' retirement system, teachers as defined in section one hundred thirty-six  of  the  civil  service  law, employed  full  time for the school year, shall be deemed on the payroll of the state, for twelve months in crediting retirement  service  credit for service rendered. For the purposes of this paragraph the comptroller shall define school year by regulation.   * 2-a.  Except for retirement credit for military service as specified in subdivision c of this section, a member shall not receive  retirement credit  for  any  day  that  he  is  not  on the payroll of the state, a political   subdivision   thereof,   or   a   participating    employer. Notwithstanding  any  other  provision  of this section to the contrary, with respect to members of the  New  York  state  and  local  employees' retirement  system,  a  member who is employed by a community college as defined in section six thousand three hundred one of the education  law, and  who is in the classified service as that term is defined in section forty of the civil service  law,  and  who  is  employed  for  the  full academic  year,  full  academic  year  shall  mean  the  fall and spring semesters during which academic courses are offered, shall be deemed  to be  on  the  payroll  of  such  community  college  for twelve months in crediting retirement service credit for service rendered.   * NB There are 2 paragraph 2-a's in sb a   * 2-a. Except for retirement credit for military service as  specified in  subdivision c of this section, a member shall not receive retirement credit for any day that he is  not  on  the  payroll  of  the  state,  a political    subdivision   thereof,   or   a   participating   employer. Notwithstanding any other provision of this section to the  contrary,  a member  of the New York state and local employees' retirement system who is employed by a community college as defined in  section  six  thousand three  hundred  one of the education law, and who is in the unclassified service of the civil service as defined in subdivision  (i)  of  section thirty-five  of  the civil service law, and who is employed for the full academic year, full  academic  year  shall  mean  the  fall  and  spring semesters  during which academic courses are offered, shall be deemed to  be on the payroll  of  such  community  college  for  twelve  months  in crediting retirement service credit for service rendered.   * NB There are 2 paragraph 2-a's in sb a   3.  The  membership  of any member who is subject to the provisions of this subdivision a, or to the  provisions  of  any  rule  or  regulation promulgated   and   approved   in  accordance  with  the  provisions  of subdivision e of this section, shall  be  continued  and  shall  not  be terminated  for so long as such member is actually in service during the period this article is in effect.   4. Notwithstanding any other provision of law,  for  the  purposes  of retirement  service  credit,  retirement  contribution and final average salary of members of the New York state and local employees'  retirement system,  a  member  who  has been granted service credit for a period of time for which he or she received compensation or wages shall  not  lose such  credit  by  virtue  of the fact that the employer has subsequently been reimbursed by a workers' compensation carrier with respect  to  all or a portion of the compensation or wages paid for such period.   5.  Notwithstanding  any  other  provision of law, for the purposes of retirement credit, retirement  contribution  and  final  average  salary under  this  chapter,  the compensation of a member of the New York city employees' retirement system who is either (i) a Triborough  bridge  and tunnel  member  as defined in section six hundred four-c of this chapter as added by chapter four hundred seventy-two of  the  laws  of  nineteen hundred  ninety-five or as defined in section six hundred four-c of this chapter as added by chapter ninety-six of the laws of  nineteen  hundred ninety-five or to whom article sixteen of this chapter is applicable, or (ii)  a New York city transit authority member as defined in section six hundred four-b of this chapter, for the period during which  he  or  she receives  a workers' compensation benefit shall be deemed to be the full compensation or salary such employee would have earned or been  entitled to receive had he or she not received the workers' compensation benefit. During  the  period  of  time a member receives payment of such workers' compensation benefit, such member shall be deemed on the payroll in full status for the aforementioned purposes.   b. Previous service. A member shall be eligible to  obtain  retirement credit  hereunder  for  previous  service  with  a  public  employer  if retirement credit had previously been granted for  such  service  or  if such  service  which  would  have  been  creditable in one of the public retirement systems of the state, as defined in subdivision  twenty-three of  section  five  hundred one of this article, at the time such service was rendered, if the individual had been a  member  of  such  retirement system  and  the  member has rendered a minimum of two years of credited service after July first, nineteen hundred  seventy-six  or  after  last rejoining  a  public  retirement  system,  if  later; provided, however, retirement credit may be granted for service which predates the date  of entry into the retirement system if such service is otherwise creditable and  was  rendered  by  an  employee  of  a public employer during which employment he was ineligible to join a public retirement system provided that such public employer  was  participating  in  a  public  retirement system  of  the  state  at  the  time  of  such  employment,  or  is  so participating at the time that credit for such previous service is being sought.   * b-1. Employer  pick-up  of  contributions  in  respect  of  previous service or military service. Notwithstanding any other provision of law, any  member  eligible  to  purchase  credit  for previous service with a public employer pursuant to subdivision b of this section or to purchase credit for military service pursuant to article twenty of this  chapter, may elect to purchase any or all of such service by executing a periodic  payroll  deduction  agreement where and to the extent such elections are permitted by the retirement system by rule or regulation. Such agreement shall set forth the amount of previous service or military service being purchased,  the  estimated  total  cost  of such service credit, and the number of payroll periods in which such periodic payments shall be made. Such agreement shall be irrevocable, shall not be subject  to  amendment or  modification in any manner, and shall expire only upon completion of payroll deductions required therein. Notwithstanding the foregoing,  any member  who  has entered into such a payroll deduction agreement and who terminates employment prior to the completion of the  payments  required therein shall be credited with any service as to which such member shall have paid the contributions required under the terms of the agreement.   * NB Takes effect upon notice of ruling by Internal Revenue Service -- expires per ch. 627/2007 §22   c.  Creditable  service.  1.  A member shall not be eligible to obtain credit for service with a public employer other than the  state  of  New York,  a political subdivision thereof, a public benefit corporation, or a participating employer; provided, however, military service  with  the federal  government  may  be  credited  pursuant  to section two hundred forty-three of the military law up to  a  maximum  of  four  years;  and further  provided that retirement credit may be granted for service with an agency located within the state of New York  currently  specified  in law as providing retirement credit for service.   2. A police/fire member shall be eligible to obtain credit for service with  a public employer described in paragraph one only if such service, if rendered prior to July  first,  nineteen  hundred  seventy-six  by  a police/fire  member  who  was subject to article eleven of this chapter, would have been eligible for credit in the police/fire retirement system or plan involved.   d. To facilitate administration of the provisions of this section  the head  of  a retirement system may make interpretations of the provisions of this section which are consistent with the intent  of  this  section, but   such   interpretations  shall  not  take  effect  unless  publicly promulgated.   f. Notwithstanding any other provision of law, any member of  the  New York  state and local employees' retirement system who is subject to the provisions of this article and who is employed by a school  district,  a board  of  cooperative  educational services, a vocational education and extension board, an institution for the instruction of the deaf  and  of the  blind as enumerated in section four thousand two hundred one of the education law, or a school district as  enumerated  in  section  one  of chapter   five  hundred  sixty-six  of  the  laws  of  nineteen  hundred sixty-seven as amended to date, shall  have  their  service  credit  for service  rendered  on  or  after  January first, nineteen hundred ninety determined by dividing the number of days worked in a school year by one hundred eighty. For the purpose of this section a school year will begin on July first and end the following June thirtieth.  No  more  than  one year  of service may be credited during any such fiscal year. Credit for service rendered before January first, nineteen hundred ninety shall  be determined  in  the  same  manner  if a person eligible for such benefit shall file the appropriate application with the state comptroller on  or before August second, nineteen hundred ninety-six and, within five years of  filing  such  application,  make  payment for all costs necessary to finance the receipt of such service credit.   g. The provisions of paragraph one of subdivision a  of  this  section shall  not  apply  to members of the New York city employees' retirement system or the New York city board of education retirement system who are subject to the provisions of this article. The crediting of service  for  such  members  of  such  retirement  systems  shall  be  governed by the applicable provisions of  subdivision  c  of  section  13-638.4  of  the administrative  code  of  the city of New York, and the other applicable provisions  of  such code and of the rules and regulations of such board of education retirement system.   h. Notwithstanding any other provision of this  section,  any  general member in the uniformed correction force of the New York city department of  correction  who  is  absent  without  pay  for a child care leave of absence pursuant to regulations of  the  New  York  city  department  of correction  shall  be  eligible for credit for such period of child care leave provided such member files a claim for such  service  credit  with the  retirement  system  by  December thirty-first, two thousand five or within ninety days of the termination of the child care leave, whichever is later, and contributes to the retirement system an amount which  such member  would  have  contributed  during  the  period of such child care leave, together with interest thereon. Service credit provided  pursuant to  this subdivision shall not exceed one year of credit for each period of authorized child care leave. In the event there is a conflict between the provisions of this subdivision and the provisions of any  other  law or  code  to  the  contrary,  the  provisions  of this subdivision shall govern, provided, however, that the provisions of this subdivision shall not apply to a member of the  uniformed  force  of  the  New  York  city department   of   correction   who   is   a   New  York  city  uniformed correction/sanitation revised plan member.