Section 15-111. Credit for service in the police department  


Latest version.
  • a. (1) Any
      member of the uniformed force of the fire  department,  who  immediately
      prior  to  his  or  her appointment or employment as such, has served or
      shall have served as  a  member  of  the  police  force  of  the  police
      department,  shall  have  the  time served by such member in such police
      department counted as service in the fire department in determining  his
      or  her retirement and pension in such department as herein or otherwise
      provided, upon  condition  that  he  or  she  shall  contribute  to  the
      appropriate fire department pension fund a sum equal to the amount which
      he  or she would have been required to contribute had the time served in
      the police department been served in the fire department.
        (2) Within one year after  the  fire  department  pension  fund  shall
      request  a  transfer  of  reserves  with  respect to any such person who
      becomes a member of the fire department pension fund on  or  after  July
      first,  nineteen  hundred ninety-eight, who performed such prior service
      in the police force of the police department, and who has qualified  for
      benefits  under this subdivision, the police pension fund shall transfer
      to the contingent reserve fund of the fire department pension  fund  the
      reserve   on  the  benefits  of  such  member  which  is  based  on  the
      contributions    made     by     the     employer     (including     the
      reserve-for-increased-take-home  pay).  Such reserve shall be determined
      by the actuary of the police pension fund in the same manner as provided
      in section forty-three of the retirement and  social  security  law.  No
      such  transfer of reserves pursuant to this paragraph shall be made with
      respect to any person who became a member of the uniformed force of  the
      fire department prior to July first, nineteen hundred ninety-eight.
        b.  Any such member who shall have been a member of the police pension
      fund pursuant to subchapter three of chapter three of title thirteen  of
      the  code  shall become a member of the department pension fund pursuant
      to subchapter two of chapter three of title thirteen.  The  election  or
      elections  made  by  such member pursuant to section 13-247 or 13-253 of
      the code shall be deemed to be the election  or  elections  required  by
      section  13-350 or 13-355 of the code. In the event that any such member
      shall have made an election pursuant to section 13-248 of the code, such
      election shall be deemed to be the election provided by subdivision b of
      section 13-350 of the code.
        c. Notwithstanding any other provision of law  to  the  contrary,  any
      member  of  the  uniformed force of the fire department, who immediately
      prior to his or her appointment or employment as  such,  has  served  or
      shall  have  served  as  a  member  of  the  police  force of the police
      department, the New York city transit authority police department or the
      New York city housing authority police department, shall have  the  time
      served  by  such  member in such police department counted as service in
      the fire department in determining his or her eligibility  for  variable
      supplements   fund   benefits  payable  by  the  firefighters'  variable
      supplements fund pursuant to subchapter five of chapter three  of  title
      thirteen  of  this  code or the fire officers' variable supplements fund
      pursuant to subchapter six of chapter three of title  thirteen  of  this
      code.