Section 13-153. Credit for service  


Latest version.
  • a.  Subject  to  the  provisions  of
      subdivision  c  of  this  section,  notwithstanding   any   inconsistent
      provision  of  law,  any  member  of the uniformed transit police force,
      uniformed correction force, housing police service and  uniformed  force
      of  the  department  of  sanitation  (any  of which forces or service is
      hereinafter referred to as a "NYCERS uniformed force")  who  immediately
      prior  to  his  or  her appointment or employment as such, has served or
      shall have served as a member of any other NYCERS uniformed force:
        (i) shall have the time served by him or her in any of such  positions
      counted  as  service  in  his  or  her  present  service  in any of such
      positions in determining his or her compensation and promotion in any of
      such positions; and
        (ii) upon his or her application therefor, shall have any of such time
      which constitutes allowable service counted as service  in  his  or  her
      present  service  in  any  of  such  positions in determining his or her
      retirement and pension in any of such positions.
        b. (1) Subject to the provisions of subdivision  c  of  this  section,
      notwithstanding any provision of law to the contrary, in any case where,
      pursuant  to  section  forty-three of the retirement and social security
      law, any member of a NYCERS uniformed force shall  have  transferred  or
      shall  transfer  to  the  retirement  system,  credit for service in the
      uniformed police force of the police department of the  city  or  credit
      for  service  in the uniformed force of the fire department of the city,
      and such service in either such  uniformed  police  force  or  uniformed
      force  of  the  fire  department  immediately  preceded  or  immediately
      precedes the service of such member in such NYCERS uniformed force, such
      member shall have the time so served  by  him  or  her  in  such  police
      department  or  fire department counted as service in his or her present
      service in any such NYCERS uniformed force for purposes  of  eligibility
      for  benefits and to determine the amount of benefits as a member of the
      retirement system.
        (2) Subject to the provisions of subdivision c of this section, in any
      case where:
        (i) a member of a NYCERS uniformed force was credited  by  the  police
      pension  fund, subchapter two or the department pension fund, subchapter
      two with allowable service as a member of either such pension fund; and
        (ii) such allowable service immediately preceded the  commencement  of
      the service of such member in such NYCERS uniformed force; and
        (iii)  such member is ineligible to transfer credit for such allowable
      service in such police department or fire department to  the  retirement
      system  pursuant  to  section  forty-three  of the retirement and social
      security law; such member shall have such credited service as  a  member
      of  either  such pension fund counted as service in his present position
      in any such NYCERS uniformed force  for  purposes  of  eligibililty  for
      benefits  and  to  determine  the  amount of benefits as a member of the
      retirement system, provided such member prior to  July  first,  nineteen
      hundred  eighty-two  files with the retirement system, an application to
      obtain such service credit and prior to such July first  pays  into  the
      annuity  savings fund of the retirement system a sum equal to the amount
      of the employee contributions required to have been paid to such  police
      pension  fund  or  fire department pension fund, as the case may be, for
      such period of credited service.
        c. In any case where, by  reason  of  credit  for  previous  allowable
      service  acquired  pursuant  to  subdivision  a or subdivision b of this
      section, the date of completion of a member's minimum period for service
      retirement became or becomes earlier than such date would have  been  or
      would be if such credit for such previous allowable 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 of the commencement of the  member's  allowable
      service  in  the  NYCERS  uniformed  force  with  respect  to which such
      previous allowable service is to be credited, 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 service
      credit with a contribution rate deficiency:
        (A)  which  shall  accrue from the date on which such member commenced
      allowable service in the NYCERS uniformed force with  respect  to  which
      such previous allowable service is credited; and
        (B)  which shall be paid prior to the effective date of retirement and
      if partially paid prior to such date, shall result in  pro  rata  credit
      for such previous allowable service.
        d.  In  no  event  shall  any  person  be  allowed credit for previous
      allowable service rendered in any of the hereinabove mentioned positions
      so as to cause such  previous  allowable  service  to  be  credited  and
      transferred  as  service  in  any of the above named positions more than
      once.