New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 349 - Survivor's Benefit For Active And Retired State Employees › Section 349.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
				of determining eligibility, periods during which an employee is on authorized
				leave of absence without pay shall be counted as State service, not exceeding a
				total of three months in any one calendar year and not exceeding three months
				in any one continuous period of such absence.
(b) For the purpose of determining
				eligibility for an employee who dies while on authorized leave of absence
				without pay, a previous reinstatement into State service following resignation
				shall be deemed to have been a new entry into State service.
(c) For the purpose of determining
				eligibility, a legislative session or a seasonal employee who serves in a
				position where the service is not continuous throughout the year but recurs or
				is expected to recur in each successive year in essentially the same form,
				shall be deemed to be on authorized leave of absence without pay during the
				period between successive annual periods of service.
(d) For the purpose of determining
				eligibility under section 657  of the Retirement and Social Security
				Law, an employee who is suspended or laid off because of the abolition of State
				positions or curtailment of State activities shall, for a period not exceeding
				one year following such suspension or layoff, be deemed to be on authorized
				leave of absence.
(e) An employee
				who retires from State service while off the payroll on authorized leave of
				absence is deemed to be in State service upon such retirement.
(f) An employee who resigns or otherwise
				terminates State service while off the payroll on authorized leave of absence
				is deemed to have terminated State service on the actual effective date of such
				termination and is deemed to be in State service upon such actual effective
				date of such termination.
(g) The
				effective date of retirement for an employee who, pursuant to section 3 of
				chapter 980 of the Laws of 1962, elected to remain in the retirement program
				provided by the University of Buffalo and for an employee who is a member of
				the optional retirement program provided by article 8-B of the Education Law
				shall be the day following the last day on which such employee is in the
				service of State University provided that:
(1) prior to such date he has made
				application under either such retirement programs for a retirement allowance
				based, in whole or in part, on contributions made on his behalf by State
				University immediately preceding such date or immediately preceding his last
				day on the payroll if he makes such application while on leave of absence
				without pay from the State University;
(2) he receives such retirement allowance
				within 90 days from such date; provided, however, that the President of the
				State Civil Service Commission may waive such 90-day requirement for good cause
				shown, and shall waive such requirement if the employee dies within such 90-day
				period; and
(3) if he is, pursuant
				to subdivision 3 of section 393  of the
				Education Law, a discontinued service member of the New York State Employees'
				Retirement System or the New York State Teachers' Retirement System, his
				effective date of retirement shall be his effective date of retirement from
				either such system.