Section 13-107. Credit for service and service certificates  


Latest version.
  • a. Subject to
      the following and to all other provisions  of  this  chapter,  including
      such  rules  and  regulations  as  such  board  shall adopt in pursuance
      thereof, such board  shall  determine  and  may  modify  allowances  for
      service and shall issue service certificates.
        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
      in accordance with the provisions of subdivision c of  section  13-638.4
      of  this  title, but shall credit 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 prior-service nor in computing service as a
      member except as to time subsequent to approval of  such  allowance  for
      retirement  purposes  granted  by  the  head  of the agency in which the
      member is employed and approved by  such  board.  Time  during  which  a
      member  was  on a preferred civil service list, or on world war military
      duty duly  excused  therefor  in  accordance  with  law,  shall  not  be
      construed  to form part of the period within which membership must begin
      or after which credit may not be allowed for prior-service. Time  during
      which  a  member  is  on  sabbatical leave shall be allowed in computing
      service as a member and the member shall make contribution to his or her
      annuity savings fund based on his or her scheduled  salary  during  such
      leave.
        d.  Each  person, upon becoming a member, shall file with such board a
      detailed statement of all his or her city-service. If he or she became a
      member on the first day of October, nineteen hundred twenty, or if he or
      she became or becomes a member during his or her first  three  years  of
      city-service   thereafter   and   within  eight  years  after  rendering
      city-service prior to the first day of October, nineteen hundred twenty,
      such member shall itemize separately on such statement all service prior
      to such date for which he or  she  claims  a  prior-service  certificate
      should be issued, but no service shall be counted for which a pension or
      retirement  benefit  has  been  awarded  payable wholly or partly at the
      expense of the state or city of New York.
        e. A prior-service certificate shall be issued by the  board  to  each
      such  member, and to no others, and shall certify all such service which
      he or she rendered before the first day  of  October,  nineteen  hundred
      twenty, as follows:
        1. City-service; and
        2.  Service,  other than city-service, whether appointive or elective,
      as a paid official, clerk or employee of the state of New  York  and  of
      any  municipality,  county or part thereof and of any court thereof; and
      service in the civil service of the United States government,  provided,
      however,  that such member contribute to the retirement system an amount
      he or she would have been required to have contributed  if  such  United
      States service was rendered to the city while a member; and
        3.  Service  while  teaching  in  any  university, college, academy or
      common school; and
        4. Service for any public utility the ownership and operation of which
      has been taken over by the city; and
        5. Service as a city marshal; and
        6. Service in any branch of the armed forces  of  the  United  States,
      provided,  however, that such member contribute to the retirement system
      an amount he or she would have been  required  to  contribute  had  such
      service  been rendered to the city while a member, and provided further,
      that during the period between the termination of such military  service
      and  the  retirement  of such member, he or she shall have been credited
      with not less than fifteen years of member or restored  member  service.
    
      Duly  executed  applications for such service credit shall be filed with
      the retirement system before the first day  of  July,  nineteen  hundred
      fifty-seven.
        f.  Total  service shall include all city-service of a member since he
      or she last became a member of the group of which he or she is a member,
      and in addition, if his or her service certificate is in full force  and
      effect   as   herein   provided,  all  the  service  certified  on  such
      certificate, and no other service.
        g. Upon transfer of a member from one group to  another,  his  or  her
      total-service  and  the  liability  of the city therefor on the basis of
      membership in the first group shall be computed by the actuary, together
      with the amount of prior-service and total-service allowance which would
      impose a similar liability on the city on the basis of membership in the
      group to which he or she is  transferred.  Such  board  shall  thereupon
      issue to such transferred member a total-service certificate showing the
      date  of  his  or  her  transfer and the prior-service and total-service
      allowance with which he or she will be credited in the group to which he
      or she is transferred, which latter allowance  shall  be  equal  to  the
      corresponding allowance computed by the actuary.
        h.  A  total-service  certificate issued to a transferred member shall
      supersede any service certificate theretofore issued to him or her. Such
      board, upon application by a member within one year,  or  upon  its  own
      initiative within one year from the date of issuance of a certificate or
      modified certificate to such member, may modify such certificate.
        i.  Service  certified on a prior-service certificate, a total-service
      certificate or a modified certificate shall be the basis for  a  pension
      or  benefit  as  provided  by  this chapter only if membership continues
      until retirement on a pension  or  until  the  granting  of  such  other
      benefit  and  only  so  far as service other than city-service certified
      therein is succeeded before the minimum retirement age  of  his  or  her
      group  by  an equal amount of city-service, except that this subdivision
      shall not apply to any member who has served  in  the  Congress  of  the
      United  States  prior  to  October  first, nineteen hundred twenty. Such
      certificate shall become void if membership is  discontinued  except  by
      retirement  on  a  pension, and not renewable except as to service which
      would be allowed to a person who had not previously been a member.
        j. None of the foregoing shall be construed  to  disallow  credit  for
      prior  service  which at the time of service retirement, shall have been
      succeeded by an equal amount of paid for city service while a member  of
      such retirement system.
        k.  Notwithstanding  the  provisions of subdivision c of this section,
      any correction member who is absent without pay for 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  four  or
      within  ninety  days  following  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.