2023 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.  (i)  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.
(ii) Notwithstanding any other provision of law  to  the  contrary,  a
member of the New York city fire department pension fund subject to this
article  shall  be eligible to obtain credit for any period of allowable
service rendered as an EMT member, as such term is defined in  paragraph
one  of  subdivision a of section six hundred four-e of this chapter, as
added by chapter five hundred seventy-seven of the laws of two thousand,
which immediately precedes service in the uniformed force  of  the  fire
department  and  such  service  shall  be deemed to be in service of the
uniformed force of the fire department for purposes of  eligibility  for
benefits and to determine the amount of benefits under the New York city
fire  department  pension  fund,  provided  that  such  member  pays  or
transfers into the New York city fire department pension fund all member
contributions set forth  in  section  five  hundred  seventeen  of  this
article plus interest, at a rate of five percent per annum. For a member
who  transfers  such  contributions  from  the  New York city employees'
retirement system to the New York city fire department pension  fund  or
for  a  member  who  withdraws such contributions from the New York city
employees' retirement system, such member's membership in the  New  York
city  employees'  retirement  system  shall  cease upon such transfer or
withdrawal and such member shall retain  no  credited  service  in  such
system.
(iii)  The  provisions  of this paragraph shall apply to a member with
ten or more years of credited service in the New  York  city  employees'
retirement system, notwithstanding the provisions of section six hundred
thirteen of this chapter or any other provision of law to the contrary.
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 and any 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, 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.