2006 New York Code - Credit For Service.

 
    §  13-218  Credit  for service. a. Subject to the following and to all
  other  provisions  of  this  subchapter,  including   such   rules   and
  regulations  as  such board shall adopt in pursuance thereof, such board
  shall determine and may modify allowances for service.
    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,
  but  shall credit one year for two hundred fifty or more days of service
  and 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  service  as  a member except as to time
  subsequent to approval of such allowance for retirement purposes granted
  by the commissioner and approved by such  board.  Time  during  which  a
  member  was  on a preferred civil service list shall not be construed to
  form part of the period within which membership must begin.
    d. (1) Any person who was a member of the  New  York  city  employees'
  retirement system, and whose membership therein was terminated by his or
  her attaining membership in the police pension fund, subchapter two, and
  who  had  withdrawn  his  or  her  contributions  to  the  New York city
  employees' retirement system, shall receive credit in  the  said  police
  pension  fund  for  prior  creditable  city  service  by paying into the
  annuity savings fund of the said police pension fund the amount  of  the
  employee contributions required to have been paid into the New York city
  employees'  retirement  system  for  such prior creditable city service,
  prior to July first, nineteen hundred eighty-two, and,  subject  to  the
  provisions  of  paragraph  two  of  this subdivision, and shall have the
  period of such prior creditable city service counted  as  service  as  a
  police  officer for the purpose only of determining the amount of his or
  her pension or  retirement  allowance.  Subject  to  the  provisions  of
  paragraph  two and paragraph three of this subdivision, no member of the
  said police pension fund shall be eligible for  retirement  for  service
  until  he  or she has served in the police force for a minimum period of
  twenty or twenty-five years, or until he or she has reached the  age  of
  fifty-five, according to the minimum period or age of retirement elected
  by  such  member  prior  to  the  certification  of  his  or her rate of
  contribution.
    (2) (a)  Subject  to  the  provisions  of  subparagraph  (b)  of  this
  paragraph,  and period of allowable service rendered as an "EMT member",
  as defined in paragraph one of subdivision a of section 13-157.2 of this
  title, as added by chapter five hundred seventy-seven of the laws of two
  thousand, which immediately precedes service in the  police  force,  and
  any  period  of  allowable  service  rendered (i) as a peace officer, as
  defined in section 2.10 of the criminal procedure law, (ii) in the title
  of sheriff, deputy sheriff, marshal or district  attorney  investigator,
  or  (iii)  in  any  position specified in appendix A of operations order
  2-25 of the police department of the city of  New  York  dated  December
  eleventh,  two  thousand  two  which immediately precedes service in the
  police force, and any period  of  allowable  service  in  the  uniformed
  transit police force, uniformed correction force, housing police service
  and  the  uniformed  force  of  the department of sanitation immediately
  preceding service in the police  force,  credit  for  which  immediately
  preceding allowable service was or is obtained pursuant to paragraph one
  of  this  subdivision, shall be deemed to be service in the police force
  for purposes of eligibility for benefits and to determine the amount  of
  benefits under the police pension fund.
    (b)  In  any  case  where,  by  reason  of credit for such immediately
  preceding service, the date  of  completion  of  such  member's  minimum
  period  for  service  retirement under the police pension fund became or
  becomes earlier than such date would have  been  or  would  be  if  such


  credit for immediately preceding 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 on which
  such  member  last became a member of the police pension fund, 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 credit
  for  such  immediately  preceding  service  with  a  contribution   rate
  deficiency:
    (A)  which shall accrue from the date on which such member last became
  a member of the police pension fund; and
    (B) which shall be in such amount as  shall  be  the  product  of  the
  increase  provided in item (i) of this subparagraph (b) and the member's
  compensation during the period of time provided in sub-item (A) of  this
  item (ii); and
    (C)  which,  unless  paid  by  such  member in such manner as shall be
  prescribed by rules and regulations adopted by the board of trustees  of
  such  pension  fund,  shall  require  an  appropriate  adjustment of any
  benefit which may become payable to or on account of such member.
    (3) Nothing contained in subparagraph (b) of  paragraph  two  of  this
  subdivision  d  shall  cause  a  member who acquires or acquired service
  credit by reason of the provisions of subparagraph (a) of such paragraph
  two to be denied:
    (a)  the  right  or  entitlement,  if  any,  to  terminate  or  reduce
  contributions  to  such  pension  fund  or  to a refund of or credit for
  contributions paid during a period  when  the  member  would  have  been
  entitled to terminate or reduce such contributions if he or she had such
  service  credit  on  the date when he or she last became a member of the
  pension fund; or
    (b) any other right, benefit or entitlement of  a  similarly  situated
  member  of  such pension fund with equal total service credit consisting
  only of service  in  the  uniformed  force  of  the  police  department,
  provided that the foregoing provisions of this paragraph three shall not
  be   construed   in   a  manner  inconsistent  with  the  provisions  of
  subparagraph (b) of paragraph two of this subdivision d.
    e. Any person who was a member of the board  of  education  retirement
  system  and  whose  membership  therein  was  terminated  by such member
  attaining membership in the police pension fund, subchapter  two,  shall
  receive credit in the said police pension fund for prior creditable city
  service  by  paying  into  the  annuity  savings fund of the said police
  pension fund the amount of the employee contributions required  to  have
  been  paid  into the board of education retirement system for such prior
  creditable city service, within one year after July sixteenth,  nineteen
  hundred  sixty-five shall take effect, or within one year after becoming
  a member of the police pension fund, subchapter two, whichever is later,
  and shall have the period of such prior creditable city service  counted
  as  service  as a police officer for the purpose only of determining the
  amount of  such  member's  pension  or  retirement  allowance,  provided
  however,  that  no  member  of  the  said  police  pension fund shall be
  eligible for retirement for service until he or she has  served  in  the
  police  force  for  a  minimum period of twenty or twenty-five years, or
  until he or she has reached the age  of  fifty-five,  according  to  the
  minimum  period or age of retirement elected by such member prior to the
  certification of his or her rate of contribution.
    f.  (1)  Upon  election,  any  member  of  the  police  pension  fund,
  subchapter  two  of  this chapter, who was a member of the New York city
  employees' retirement system while employed as a New  York  city  police
  department trainee shall receive credit in the said police pension fund,


  subchapter  two of this chapter, for prior creditable service in the New
  York city employees' retirement system earned while employed  as  a  New
  York  city  police  department police trainee by paying into the annuity
  savings fund of said police pension fund additional member contributions
  plus  interest  which  would  have been paid or credited had such member
  been a member of  the  police  pension  fund,  subchapter  two  of  this
  chapter,  from  his  or  her last date of appointment as a New York city
  police department trainee or date of membership in  the  New  York  city
  employees'  retirement system, whichever is later, provided such payment
  is made within one year after this subdivision shall  take  effect,  and
  the period of such prior service credit shall be deemed to be service in
  the  police  force  for  purposes  of  eligibility  for  benefits and to
  determine the amounts of benefits under the police pension fund.
    (2) A member of the  police  pension  fund,  subchapter  two  of  this
  chapter,  who  acquires  service  credit  by reason of the provisions of
  paragraph one of this subdivision shall be entitled to any other  right,
  benefit  or  entitlement  of a similarly situated member of such pension
  fund with equal total service credit consisting only of service  in  the
  uniformed force of the police department.
    g. (1) (a) Upon election, the following persons (each of whom has been
  granted  a  retroactive  appointment eligibility date as a New York city
  police department trainee, pursuant to Acha v. Beame, 570 F.2d 57) shall
  receive credit in the  police  pension  fund,  subchapter  two  of  this
  chapter,  for  the period of such retroactive eligibility by paying into
  the annuity savings fund of said police pension fund  additional  member
  contributions  plus  interest which would have been paid or credited had
  such  member  been  a  member  of  the  police  pension  fund  from  the
  retroactive  appointment  eligibility  date  as  a  New York city police
  department trainee, provided such payment is made within one year  after
  this subdivision takes effect:
 
        Name           Tax Registry No.      Name         Tax Registry No.
    Catherine Wyman        872015       Maureen Kirwan        867289
    Kathleen Jappe         866563       Kathleen Driscoll     866837
    Martina Guidone        866846       Carol Conry           867273
    Kathleen Fogarty       866680       Kathleen Reynolds     872113
    Gail Petersen          866867       Catherine DeLaRionda  866830
    Alicia Parker          866201       Charlene Davey        866437
    Catherine Codd         870819       Mary Boyd             866818
    Karen Krizan           867507       Laura Pascual         866684
    Kathleen Sammon        866682       Kerry Schreiner       866565
    Patricia Scarlett      866900       Kathleen Groger       866840
    Eleanor Del Rosario    866867       Anita Matusiak        866879
    Yvonne Mitchell        868415       Mary Jo Yakowenko     867916
    Lorraine Martucciello  866878.
 
    (b)  The period of such retroactivity shall be deemed to be service in
  the police force  for  purposes  of  eligibility  for  benefits  and  to
  determine  the  amounts of benefits under the police pension fund. (2) A
  member of the police pension fund, subchapter two of this  chapter,  who
  acquires  service credit by reason of the provisions of paragraph one of
  this subdivision shall be  entitled  to  any  other  right,  benefit  or
  entitlement  of  a  similarly  situated member of such pension fund with
  equal total service credit consisting only of service in  the  uniformed
  force of the police department.
    * h.  (1) Any member of the pension fund who, prior to June thirtieth,
  nineteen hundred  ninety-two,  would  have  been  entitled  to  transfer
  membership  in  another  public  retirement  system  to the pension fund


  pursuant to any provision of law,  but  who  failed  to  make  a  timely
  election  to do so, may elect to transfer such membership to the pension
  fund by filing a written  request  for  such  transfer  with  the  first
  retirement  system  within  one  year  after  the effective date of this
  subdivision.
    (2) All transfers of membership to the pension fund pursuant  to  this
  subdivision  shall be in accordance with the procedures set forth in the
  transfer provisions that would have been applicable if  the  member  had
  made a timely election to transfer. Where a transfer is made pursuant to
  this  subdivision,  and  such  applicable transfer provisions would have
  required a transfer of pension reserves,  the  first  retirement  system
  shall  transfer to the pension fund all pension reserves that would have
  been transferred to the pension fund if the member  had  made  a  timely
  election to transfer.
    (3)  Service  credit  transferred to the pension fund pursuant to this
  subdivision shall be credited in  the  same  manner  and  for  the  same
  purposes  as it would have been credited if the member had made a timely
  election to transfer, and the member shall pay to the pension  fund  all
  member  contributions,  plus  interest,  which  would  have been paid or
  credited if such service credit had been transferred to the pension fund
  on the date of such member's entry into the pension fund.
    * NB There are 2 sb h's
    * h. Notwithstanding the provisions of subdivision c of this  section,
  any  member  who  is  absent without pay for child care leave of absence
  pursuant to regulations of the New York city police department shall  be
  eligible  for  credit  for such period of child care leave provided such
  member files a claim for such service credit with the  pension  fund  by
  December  thirty-first, two thousand one or within ninety days following
  termination of the child care leave, whichever is later, and contributes
  to the pension fund 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.
    * NB There are 2 sb h's