2006 New York Code - Credit For Service.

 
  § 446. Credit for service. a. Part-time service.
    1. A member of a retirement system who is subject to the provisions of
  this  article  who  works less than full time, which for the purposes of
  this article shall mean less than thirty hours a week in the  cae  of  a
  member  who  has  a specified work-week, shall receive retirement credit
  for such service in accordance with the following provisions:
    (a) 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;
    (b)  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;
    (c) 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  d  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.
    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 f of this section, shall  be  continued  and  shall  not  be
  terminated for so long as such member is actually in service.
    b. Previous service.
    A  member  of  a retirement system who is subject to the provisions of
  this article shall be eligible to obtain retirement credit for  previous
  service  if  retirement  credit  had  previously  been  granted for such
  service or if such service that 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 chapter, 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-three;
  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  during  which
  employment he was ineligible to join a public retirement system.
    b-1. Employer pick-up of contributions in respect of previous service.
  Notwithstanding  any  other provision of law, any member of the New York
  city  teachers'  retirement  system  eligible  to  purchase  credit  for
  previous  service  with  a  public employer pursuant to subdivision b of
  this section, may elect to purchase  any  or  all  of  such  service  by
  executing  a  periodic payroll deduction agreement. Such agreement shall
  set forth the amount of previous 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
  specified therein. Notwithstanding the foregoing,  any  member  who  has
  entered  into  such  a  payroll  deduction  agreement and who terminates
  employment prior to 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 such agreement.
    c. Creditable service.
    A  member  of  a retirement system who is subject to the provisions of
  this article shall not be  eligible  to  obtain  retirement  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
  the law as providing retirement credit for service.
    d. To facilitate administration of the provisions of this section  the
  administrative  head  or  the trustees of a retirement system, as may be
  appropriate, 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. Notwithstanding the provisions of subdivision c of this section,  a
  member  of  a retirement system who is subject to the provisions of this
  article shall be eligible  to  obtain  retirement  credit  for  previous
  service  if  retirement  credit  has  previously  been  granted for such
  service rendered prior to January first, nineteen hundred fifty-five and
  if such member has rendered a minimum of three years of credited service
  after July first, nineteen hundred seventy-three.
    h. 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.
    i.  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
  or  who  is  employed by any unit of the state university of New York as
  defined in section three hundred fifty 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  or  state  university  for  twelve  months  in
  crediting retirement service credit for service rendered.
    j.  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 or who is employed by any unit of
  the state university of New York as defined  in  section  three  hundred
  fifty  of  the  education law, and who is in the unclassified service of
  the civil service as defined in subdivisions  (h)  and  (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  or  state  university  for
  twelve  months  in  crediting  retirement  service  credit  for  service
  rendered.