2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 11 - (440 - 451) LIMITATIONS APPLICABLE TO NEW ENTRANTS
446 - 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.
    * NB  Effective until notice of ruling by Internal Revenue Service per
  ch. 627/2007 §22
    * b-1. Employer  pick-up  of  contributions  in  respect  of  previous
  service or military service. Notwithstanding any other provision of law,
  any  member  of  the  New York city teachers' retirement system, the New
  York state teachers' retirement system, the  New  York  city  employees'
  retirement  system,  the  New  York  city  board of education retirement
  system, the New York state and local employees' retirement  system,  the
  New  York  state  and local police and fire retirement system or the New
  York city fire department pension fund eligible to purchase  credit  for
  previous  service  with  a  public employer pursuant to subdivision b of
  this section or to purchase credit  for  military  service  pursuant  to
  article twenty of this chapter, may elect to purchase any or all of such
  service by executing a periodic payroll deduction agreement where and to
  the  extent  such  elections  are  permitted  by the member's retirement
  system by rule or regulation. Such agreement shall set forth the  amount
  of  previous  service or military 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.
    * NB  Takes  effect  upon notice of ruling by Internal Revenue Service
  per ch. 627/2007 §22 -- expires per ch. 691/2004 §8
    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.