Section 609. Credit for service

a. Part-time service.
    1.  A  member who works less than full time, which for the purposes of
  this section 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
  or who is employed by any unit of the state university of  New  York  as
  defined  in section three hundred fifty 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  or  state  university  for  twelve  months  in
  crediting retirement service credit for service rendered.
    2-b. 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 or who is employed by any unit of
  the state university of New York as defined  in  section  three  hundred
  fifty  of  the  education law, and who is in the unclassified service of
  the civil service as defined in subdivisions  (h)  and  (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 or state university for
  twelve  months  in  crediting  retirement  service  credit  for  service
  rendered.
    3.  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.
    4. 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  article
  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
  article  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 article, 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.
    1.  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 chapter, 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 the member  satisfied
  the  minimum  service requirements set forth in this subdivision 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 such credit for such previous service is being sought.
    2.  Previous  service  credit  shall not be granted unless such member
  applies therefor and repays the amount refunded by a  public  retirement
  system  of  the  state  for  service rendered after July first, nineteen
  hundred seventy-six together with interest through the date of repayment
  at the rate of five percent per  annum  compounded  annually  and  three
  percent of the wages earned for service prior to that date together with
  interest  from July first, nineteen hundred seventy-six through the date
  of payment at the rate of five percent per annum compounded annually and

  three percent of the wages earned for service which predates the date of
  entry into the retirement system together with interest at the  rate  of
  five percent per annum compounded annually from the date of such service
  until the date of payment.
    * b-1.  Employer  pick-up  of  contributions  in  respect  of previous
  service.  Notwithstanding any other provision of law, any member of  the
  New  York  city  teachers' retirement system eligible to purchase credit
  for previous service with a public employer pursuant to subdivision b of
  this section, may elect to purchase  any  or  all  of  such  service  by
  executing  a  periodic payroll deduction agreement. Such agreement shall
  set forth the amount of previous 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 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 such agreement.
    * NB Effective until notice of ruling by Internal Revenue Service  per
  ch. 627/2007 §22
    * b-1.  Employer  pick-up  of  contributions  in  respect  of previous
  service or military service. Notwithstanding any other provision of law,
  any member of the New York city teachers'  retirement  system,  the  New
  York  state  teachers'  retirement  system, the New York city employees'
  retirement system, the New  York  city  board  of  education  retirement
  system,  the  New York state and local employees' retirement system, the
  New York state and local police and fire retirement system and  the  New
  York  city  fire department pension fund 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  member's  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 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 such agreement.
    * NB Takes effect upon notice of ruling by  Internal  Revenue  Service
  per ch. 627/2007 §22 -- expires per ch. 691/2004 §8
    c.  Creditable  service.  Other  than previous service, a member shall
  only  be  eligible  to  obtain  credit  for  active   service   with   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.
    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  other  applicable
  provisions  of  such code and of the rules and regulations of such board
  of education retirement system.
    ** NB Expires June 30, 2011