2006 New York Code - Credit For Service.

 
    §  13-153  Credit  for  service.  a.  Subject  to  the  provisions  of
  subdivision  c  of  this  section,  notwithstanding   any   inconsistent
  provision  of  law,  any  member  of the uniformed transit police force,
  uniformed correction force, housing police service and  uniformed  force
  of  the  department  of  sanitation  (any  of which forces or service is
  hereinafter referred to as a "NYCERS uniformed force")  who  immediately
  prior  to  his  or  her appointment or employment as such, has served or
  shall have served as a member of any other NYCERS uniformed force:
    (i) shall have the time served by him or her in any of such  positions
  counted  as  service  in  his  or  her  present  service  in any of such
  positions in determining his or her compensation and promotion in any of
  such positions; and
    (ii) upon his or her application therefor, shall have any of such time
  which constitutes allowable service counted as service  in  his  or  her
  present  service  in  any  of  such  positions in determining his or her
  retirement and pension in any of such positions.
    b. (1) Subject to the provisions of subdivision  c  of  this  section,
  notwithstanding any provision of law to the contrary, in any case where,
  pursuant  to  section  forty-three of the retirement and social security
  law, any member of a NYCERS uniformed force shall  have  transferred  or
  shall  transfer  to  the  retirement  system,  credit for service in the
  uniformed police force of the police department of the  city  or  credit
  for  service  in the uniformed force of the fire department of the city,
  and such service in either such  uniformed  police  force  or  uniformed
  force  of  the  fire  department  immediately  preceded  or  immediately
  precedes the service of such member in such NYCERS uniformed force, such
  member shall have the time so served  by  him  or  her  in  such  police
  department  or  fire department counted as service in his or her present
  service in any such NYCERS uniformed force for purposes  of  eligibility
  for  benefits and to determine the amount of benefits as a member of the
  retirement system.
    (2) Subject to the provisions of subdivision c of this section, in any
  case where:
    (i) a member of a NYCERS uniformed force was credited  by  the  police
  pension  fund, subchapter two or the department pension fund, subchapter
  two with allowable service as a member of either such pension fund; and
    (ii) such allowable service immediately preceded the  commencement  of
  the service of such member in such NYCERS uniformed force; and
    (iii)  such member is ineligible to transfer credit for such allowable
  service in such police department or fire department to  the  retirement
  system  pursuant  to  section  forty-three  of the retirement and social
  security law; such member shall have such credited service as  a  member
  of  either  such pension fund counted as service in his present position
  in any such NYCERS uniformed force  for  purposes  of  eligibililty  for
  benefits  and  to  determine  the  amount of benefits as a member of the
  retirement system, provided such member prior to  July  first,  nineteen
  hundred  eighty-two  files with the retirement system, an application to
  obtain such service credit and prior to such July first  pays  into  the
  annuity  savings fund of the retirement system a sum equal to the amount
  of the employee contributions required to have been paid to such  police
  pension  fund  or  fire department pension fund, as the case may be, for
  such period of credited service.
    c. In any case where, by  reason  of  credit  for  previous  allowable
  service  acquired  pursuant  to  subdivision  a or subdivision b of this
  section, the date of completion of a member's minimum period for service
  retirement became or becomes earlier than such date would have  been  or
  would be if such credit for such previous allowable service had not been
  so acquired, there shall be effected with respect to such member:


    (i)  such  increase  in  such  member's  normal  rate of contribution,
  effective as of the date of the commencement of the  member's  allowable
  service  in  the  NYCERS  uniformed  force  with  respect  to which such
  previous allowable service is to be credited, as  may  be  necessary  to
  reflect such earlier date of eligibility for service retirement; and
    (ii) the charging of such member who acquired or acquires such service
  credit with a contribution rate deficiency:
    (A)  which  shall  accrue from the date on which such member commenced
  allowable service in the NYCERS uniformed force with  respect  to  which
  such previous allowable service is credited; and
    (B)  which shall be paid prior to the effective date of retirement and
  if partially paid prior to such date, shall result in  pro  rata  credit
  for such previous allowable service.
    d.  In  no  event  shall  any  person  be  allowed credit for previous
  allowable service rendered in any of the hereinabove mentioned positions
  so as to cause such  previous  allowable  service  to  be  credited  and
  transferred  as  service  in  any of the above named positions more than
  once.