§ 513. Credit for service. a. Part-time service.

1. A member who works less than full time, which for the purposes of
this article shall mean less than thirty hours a week, shall receive
retirement credit for such service in accordance with the following
provisions:

(i) 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;

(ii) 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;

(iii) 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 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 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.

* 2-a. 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,
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 for twelve months in
crediting retirement service credit for service rendered.

* NB There are 2 paragraph 2-a's in sb a

* 2-a. 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, and who is in the unclassified
service of the civil service as defined in subdivision (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 for twelve months in
crediting retirement service credit for service rendered.

* NB There are 2 paragraph 2-a's in sb a

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 e of this section, shall be continued and shall not be
terminated for so long as such member is actually in service during the
period this article is in effect.

4. Notwithstanding any other provision of law, for the purposes of
retirement service credit, retirement contribution and final average
salary of members of the New York state and local employees' retirement
system, a member who has been granted service credit for a period of
time for which he or she received compensation or wages shall not lose
such credit by virtue of the fact that the employer has subsequently
been reimbursed by a workers' compensation carrier with respect to all
or a portion of the compensation or wages paid for such period.

5. Notwithstanding any other provision of law, for the purposes of
retirement credit, retirement contribution and final average salary
under this chapter, the compensation of a member of the New York city
employees' retirement system who is either (i) a Triborough bridge and
tunnel member as defined in section six hundred four-c of this chapter
as added by chapter four hundred seventy-two of the laws of nineteen
hundred ninety-five or as defined in section six hundred four-c of this
chapter as added by chapter ninety-six of the laws of nineteen hundred
ninety-five or to whom article sixteen of this chapter is applicable, or
(ii) a New York city transit authority member as defined in section six
hundred four-b of this chapter, for the period during which he or she
receives a workers' compensation benefit shall be deemed to be the full
compensation or salary such employee would have earned or been entitled
to receive had he or she not received the workers' compensation benefit.
During the period of time a member receives payment of such workers'
compensation benefit, such member shall be deemed on the payroll in full
status for the aforementioned purposes.

b. Previous service. A member shall be eligible to obtain retirement
credit hereunder for previous service with a public employer if
retirement credit had previously been granted for such service or if
such service which 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 article, 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-six or after last
rejoining a public retirement system, if later; 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 of a public employer during which
employment he was ineligible to join a public retirement system provided
that such public employer was participating in a public retirement
system of the state at the time of such employment, or is so
participating at the time that credit for such previous service is being
sought.

* b-1. Employer pick-up of contributions in respect of previous
service or military service. Notwithstanding any other provision of law,
any member 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 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 required therein. Notwithstanding the foregoing, any
member who has entered into such a payroll deduction agreement and who
terminates employment prior to the 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 the agreement.

* NB Takes effect upon notice of ruling by Internal Revenue Service --
expires per ch. 627/2007 §22

c. Creditable service. 1. A member shall not be eligible to obtain
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
law as providing retirement credit for service.

2. (i) A police/fire member shall be eligible to obtain credit for
service with a public employer described in paragraph one only if such
service, if rendered prior to July first, nineteen hundred seventy-six
by a police/fire member who was subject to article eleven of this
chapter, would have been eligible for credit in the police/fire
retirement system or plan involved.

(ii) Notwithstanding any other provision of law to the contrary, a
member of the New York city fire department pension fund subject to this
article shall be eligible to obtain credit for any period of allowable
service rendered as an EMT member, as such term is defined in paragraph
one of subdivision a of section six hundred four-e of this chapter, as
added by chapter five hundred seventy-seven of the laws of two thousand,
which immediately precedes service in the uniformed force of the fire
department and such service shall be deemed to be in service of the
uniformed force of the fire department for purposes of eligibility for
benefits and to determine the amount of benefits under the New York city
fire department pension fund, provided that such member pays or
transfers into the New York city fire department pension fund all member
contributions set forth in section five hundred seventeen of this
article plus interest, at a rate of five percent per annum. For a member
who transfers such contributions from the New York city employees'
retirement system to the New York city fire department pension fund or
for a member who withdraws such contributions from the New York city
employees' retirement system, such member's membership in the New York
city employees' retirement system shall cease upon such transfer or
withdrawal and such member shall retain no credited service in such
system.

(iii) The provisions of this paragraph shall apply to a member with
ten or more years of credited service in the New York city employees'
retirement system, notwithstanding the provisions of section six hundred
thirteen of this chapter or any other provision of law to the contrary.

d. To facilitate administration of the provisions of this section the
head of a retirement system 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. 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.

h. Notwithstanding any other provision of this section, any general
member in the uniformed correction force of the New York city department
of correction and any member of the uniformed force of the New York city
department of correction who is a New York city uniformed
correction/sanitation revised plan member, who is absent without pay for
a 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 five or within ninety days of the 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.