Section 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. 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.
    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  corrections  who  is  absent  without  pay for a child care leave of
  absence pursuant to regulations of  the  New  York  city  department  of
  corrections  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.
    ** NB Expires June 30, 2011