N.Y. Comp. Codes R. & Regs. tit. 2 § 318.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 318.2 - Establishing eligibility for retirement benefits

(a) A member of the New York State and Local Employees' Retirement System or New York State and Local Police and Fire Retirement System will be considered to have been engaged in "continuous service", as that term is used in section 441 (c) of the Retirement and Social Security Law, or to have rendered creditable service "during which employment" he became a member, as that term is used in sections 446-(c), 513(b) and 609(b) of such law, only for the purpose of establishing eligibility for a retirement benefit, if, during the period in question, he was eligible to receive service credit, and he met any of the following requirements:

(1) He received compensation for each day in the period.

(2) He worked a minimum of 1,000 hours per year, or a minimum of 700 hours per year with respect to individuals who are statutorily entitled to receive one year of actual service credit for rendering either 180 or 200 days of service in a year. For the purpose of this requirement a person shall be deemed to have received compensation for each day of a calendar month if he shall have earned at least 20 hours of salary during such a month. This 1,000-hour minimum will be based upon the State fiscal year, but will be prorated for less than a full State fiscal year in the case of the first and last year of employment. If a participating employer has not certified to the retirement system the number of hours worked by a member, the total hours worked during the State fiscal year will be determined by dividing the gross salary received in the State fiscal year by the member's hourly rate of pay, if known, or by the State's minimum wage during such period, if the member's hourly rate of pay is not known.

(b) In addition to meeting one of the requirements set forth in subdivision (a) of this section, a member who derives his eligibility to retire from the provisions of section 441(c) of such law, as interpreted by this section, must have rendered a minimum of five years of "service", as that term is defined in section 441(c).

(c) The first 24 months (or last, as appropriate) during which the member was on authorized medical leave or on authorized leave status and receiving workers' compensation benefits shall not be considered in determining breaks in continuous service.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 318.2