2006 New York Code - Credit For Service And Service Certificates.

 
    §  13-107  Credit  for service and service certificates. a. Subject to
  the following and to all other provisions  of  this  chapter,  including
  such  rules  and  regulations  as  such  board  shall adopt in pursuance
  thereof, such board  shall  determine  and  may  modify  allowances  for
  service and shall issue service certificates.
    b. Such board shall fix and determine how much service rendered in any
  year  shall  be the equivalent of a year of service and of parts thereof
  in accordance with the provisions of subdivision c of  section  13-638.4
  of  this  title, but shall credit not more than one year for all service
  in any calendar year.
    c. Time during which a member was absent on leave  without  pay  shall
  not  be allowed in computing prior-service nor in computing service as a
  member except as to time subsequent to approval of  such  allowance  for
  retirement  purposes  granted  by  the  head  of the agency in which the
  member is employed and approved by  such  board.  Time  during  which  a
  member  was  on a preferred civil service list, or on world war military
  duty duly  excused  therefor  in  accordance  with  law,  shall  not  be
  construed  to form part of the period within which membership must begin
  or after which credit may not be allowed for prior-service. Time  during
  which  a  member  is  on  sabbatical leave shall be allowed in computing
  service as a member and the member shall make contribution to his or her
  annuity savings fund based on his or her scheduled  salary  during  such
  leave.
    d.  Each  person, upon becoming a member, shall file with such board a
  detailed statement of all his or her city-service. If he or she became a
  member on the first day of October, nineteen hundred twenty, or if he or
  she became or becomes a member during his or her first  three  years  of
  city-service   thereafter   and   within  eight  years  after  rendering
  city-service prior to the first day of October, nineteen hundred twenty,
  such member shall itemize separately on such statement all service prior
  to such date for which he or  she  claims  a  prior-service  certificate
  should be issued, but no service shall be counted for which a pension or
  retirement  benefit  has  been  awarded  payable wholly or partly at the
  expense of the state or city of New York.
    e. A prior-service certificate shall be issued by the  board  to  each
  such  member, and to no others, and shall certify all such service which
  he or she rendered before the first day  of  October,  nineteen  hundred
  twenty, as follows:
    1. City-service; and
    2.  Service,  other than city-service, whether appointive or elective,
  as a paid official, clerk or employee of the state of New  York  and  of
  any  municipality,  county or part thereof and of any court thereof; and
  service in the civil service of the United States government,  provided,
  however,  that such member contribute to the retirement system an amount
  he or she would have been required to have contributed  if  such  United
  States service was rendered to the city while a member; and
    3.  Service  while  teaching  in  any  university, college, academy or
  common school; and
    4. Service for any public utility the ownership and operation of which
  has been taken over by the city; and
    5. Service as a city marshal; and
    6. Service in any branch of the armed forces  of  the  United  States,
  provided,  however, that such member contribute to the retirement system
  an amount he or she would have been  required  to  contribute  had  such
  service  been rendered to the city while a member, and provided further,
  that during the period between the termination of such military  service
  and  the  retirement  of such member, he or she shall have been credited
  with not less than fifteen years of member or restored  member  service.


  Duly  executed  applications for such service credit shall be filed with
  the retirement system before the first day  of  July,  nineteen  hundred
  fifty-seven.
    f.  Total  service shall include all city-service of a member since he
  or she last became a member of the group of which he or she is a member,
  and in addition, if his or her service certificate is in full force  and
  effect   as   herein   provided,  all  the  service  certified  on  such
  certificate, and no other service.
    g. Upon transfer of a member from one group to  another,  his  or  her
  total-service  and  the  liability  of the city therefor on the basis of
  membership in the first group shall be computed by the actuary, together
  with the amount of prior-service and total-service allowance which would
  impose a similar liability on the city on the basis of membership in the
  group to which he or she is  transferred.  Such  board  shall  thereupon
  issue to such transferred member a total-service certificate showing the
  date  of  his  or  her  transfer and the prior-service and total-service
  allowance with which he or she will be credited in the group to which he
  or she is transferred, which latter allowance  shall  be  equal  to  the
  corresponding allowance computed by the actuary.
    h.  A  total-service  certificate issued to a transferred member shall
  supersede any service certificate theretofore issued to him or her. Such
  board, upon application by a member within one year,  or  upon  its  own
  initiative within one year from the date of issuance of a certificate or
  modified certificate to such member, may modify such certificate.
    i.  Service  certified on a prior-service certificate, a total-service
  certificate or a modified certificate shall be the basis for  a  pension
  or  benefit  as  provided  by  this chapter only if membership continues
  until retirement on a pension  or  until  the  granting  of  such  other
  benefit  and  only  so  far as service other than city-service certified
  therein is succeeded before the minimum retirement age  of  his  or  her
  group  by  an equal amount of city-service, except that this subdivision
  shall not apply to any member who has served  in  the  Congress  of  the
  United  States  prior  to  October  first, nineteen hundred twenty. Such
  certificate shall become void if membership is  discontinued  except  by
  retirement  on  a  pension, and not renewable except as to service which
  would be allowed to a person who had not previously been a member.
    j. None of the foregoing shall be construed  to  disallow  credit  for
  prior  service  which at the time of service retirement, shall have been
  succeeded by an equal amount of paid for city service while a member  of
  such retirement system.
    k.  Notwithstanding  the  provisions of subdivision c of this section,
  any correction member who is absent without pay for 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  four  or
  within  ninety  days  following  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.