dering such service to be ineligible for membership in BERS because such person was regularly scheduled to work less than a sufficient number of hours per year for BERS to consider such service to be full-time education service, or because such service was being rendered not on a per annum basis, but rather on a per hour basis, a per diem basis or some other basis.

(iii) The employer of any member of BERS or NYCERS, at such retirement system's request, shall certify the regularly scheduled hours of employment of any position held by such member.

(14) "Part-time education service". Education service which is not full-time education service.

(15) "Part-time service". Part-time city-service or part-time educa

tion service.

(16) "Active service". Full-time city-service, full-time education service, part-time city-service or part-time education service. (17) "Qualified period of continuous active service". A part of a person's active service consisting of a period:

(i) which began prior to May thirty-first, nineteen hundred eightyeight; and (ii) during which the person rendered one or more periods of part-time service prior to May thirty-first, nineteen hundred eighty-eight; and (iii) which ends no later than the end of the window period, as defined in paragraph twenty-two of this subdivision; and

(iv) which was not interrupted by a subsequent disqualifying break in service, as defined in paragraph eighteen of this subdivision; and

(v) which was not interrupted by a subsequent disqualifying period of non-membership full-time service, as defined in paragraph twenty-one

this subdivision.

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(18) "Disqualifying break in service". A break in a period of cityservice or education service which occurs when the total length of a period of two or more consecutive one-year breaks in service, as defined in paragraph nineteen of this subdivision, exceeds the total length of a period of one or more consecutive one-year periods of active service, as defined in paragraph twenty of this subdivision, which immediately precedes such period of consecutive one-year breaks in service, provided that for the purpose of measuring the length of such immediately preceding period of consecutive one-year periods of active service, such immediately preceding period shall not include any such one-year period of active service which was part of a disqualifying period of nonmembership full-time service, as defined in paragraph twenty-one of this subdivision.

(19) "One-year break in service". A calendar year during which a person was not paid on the payroll for a total of at least two hundred fifty hours of city-service, education service or a combination of cityservice and education service, provided that where any person was terminated in nineteen hundred seventy-five from employment in the title of school crossing guard with the New York city police department as a result of the dissolution of the school crossing guard program in such year, and who was reappointed to employment in such title with such department on or before June thirtieth, nineteen hundred seventy-nine, such person shall not be charged with a one-year break in service for any calendar year during the period commencing with the calendar year of such termination and ending with the calendar year of such reappointment, and provided further that such person shall not be credited with a one-year period of active service (as defined in paragraph twenty of this subdivision) for any calendar year during such period unless such person actually was paid on the payroll during such calendar year for total of at least two hundred fifty hours of city-service, education service or a combination of city-service and education service.

a

(20) "One-year period of active service". A calendar year during which a person was paid on the payroll for a total of at least two hundred fifty hours of city-service, education service or a combination of cityservice and education service.

(21) "Disqualifying period of non-membership full-time service". A one-year period commencing on the date a person became eligible to become a member of NYCERS or BERS by reason of being employed in fulltime city-service or full-time education service, during which one-year period such person was eligible to become such a member and did not do

so.

(22) "Window period". A one-year period commencing the day immediately following the date of enactment of the act which added this section.

(23) "Previous part-time service". Part-time service rendered prior to last becoming a member of NYCERS or BERS or, if a person last became a member of NYCERS or BERS prior to May thirty-first, nineteen hundred eighty-eight, part-time service rendered prior to such date.

(24) "School year". The regular academic year of the New York city public schools, which generally begins with the first day of classes in September of one year and ends with the last day of classes in June of the following year, but which also may be deemed to include a brief period of time immediately prior to such academic year and/or a brief period of time immediately subsequent to such academic year where the duties of a particular job title which are performed almost exclusively during such academic year extend to such brief period or periods immediately prior and/or subsequent to such academic year.

b. Retroactive membership in NYCERS or BERS; accelerated purchase of credit for previous part-time service. (1) For purposes of paragraphs three, six, seven, eight, ten and eleven of this subdivision, a person who meets the requirements of this paragraph one shall be a person who was employed in part-time service prior to May thirty-first, nineteen hundred eighty-eight, and who:

(i) was actually paid on the payroll in active service on May thirtyfirst, nineteen hundred eighty-eight; or

(ii) was separated from active service prior to May thirty-first nineteen hundred eighty-eight and returned to active service after such date, but within four years after last being separated from active service prior to such date; or

(iii) was paid on the payroll for work performed in the title of college assistant with the city university of New York in all or a portion of the academic year which shall be deemed to have commenced on September first, nineteen hundred eighty-seven, and was separated from employment in such title prior to May thirty-first, nineteen hundred eighty-eight, and did not return to active service.

(2) For purposes of paragraphs three, six, seven, eight, ten and eleven of this subdivision, a period of part-time service which meets the requirements of this paragraph shall be any period of part-time city-service or part-time education service which is part of a qualified period of continuous active service, as defined in paragraph seventeen of subdivision a of this section.

of

(3) (1) Notwithstanding any other provision of law to the contrary, a member of NYCERS or BERS who meets the requirements of paragraph one this subdivision, and who has one or more periods of part-time service which meets the requirements of paragraph two of this subdivision, may elect to be deemed to have become a member of such retirement system on a date selected by such member which is part of a period of part-time service which meets such requirements, by filing with such retirement system, during the window period, a written request for such retroactive membership date, provided that the retroactive membership date selected by such member shall be a date which is earlier than his or her last date of commencement of membership in such retirement system.

(ii) The election by a member of NYCERS or BERS of a retroactive date of commencement of membership in such retirement system pursuant to subparagraph (1) of this paragraph shall be irrevocable, and the obligations, rights and privileges of such member from and after such retroactive membership date shall be the same as if such member originally had become a member of the retirement system on such retroactive membership date. Such member, however, shall not receive service credit for any previous part-time service for which he or she did not purchase service credit while a member of such system. The purchase of previous part-time service by such member shall be in compliance with all requirements of the code, the BERS rules and regulations or the RSSL which would be applicable to him or her if he or she originally had become a member of the retirement system on such retroactive membership date, or in compliance with such applicable requirements, as modified by any provision of paragraph six, seven, eight, nine or eleven of this subdivision, where such member is or may become eligible for the benefits of any such paragraph. artwithstanding any other provision of law to the contrary, if the designated beneficiary or the estate of a deceased member of NYCERS or BERS who died while a member of such retirement system on or after May thirty-first, nineteen hundred eighty-eight, but prior to the expiration EXPLANATION-Matter in italics is new; matter in brackets [] is old law

of the window period, purchases credit for previous part-time service on behalf of such deceased member pursuant to paragraph ten of this subdivision, then such deceased member shall be deemed to have become a menber of such retirement system on the commencement date of such part-time service.

on

(5) Notwithstanding any other provision of law to the contrary, any service retiree of NYCERS or BERS whose retirement became effective or after May thirty-first, nineteen hundred eighty-eight, but prior to the expiration of the window period, who purchases credit for previous part-time service pursuant to paragraph eight of this subdivision, may elect to be deemed to have become a member of such retirement system the earliest date of such part-time service for which credit was purchased pursuant to such paragraph eight by filing with such retirement system, during the window period, a written request for such retroactive membership date.

on

(6) Notwithstanding any provision of section 13-108 of the code which requires a tier I member of NYCERS to pay for the purchase of credit for previous service through deductions from compensation, or any provision of subdivision b of section four hundred forty-six of the RSSL (with respect to a tier II member), subdivision b of section five hundred thirteen of the RSSL (with respect to a tier III member) or subdivision b of section six hundred nine of the RSSL (with respect to a tier IV member) which requires such tier II, tier III or tier IV member to have rendered at least five years of credit service after last joining a public retirement system in order to be eligible to obtain credit for previous service, and notwithstanding any other provision of law to the contrary, a member of NYCERS in city-service, or a member of BERS in education service, who:

(i) meets the requirements of paragraph one of this subdivision; and (ii) has one or more periods of part-time service which meets the requirements of paragraph two of this subdivision; and

(iii) otherwise is eligible to retire for service during the window period, or otherwise would be eligible to retire for service during the window period if he or she were permitted to purchase during the window period credit for such period or periods of previous part-time service; and

(iv) retires for service SO that the effective date of his or her retirement occurs during the window period and at the time of such retirement is at least sixty-two years of age may purchase during the window period credit for such period or periods of previous part-time service by paying during the window period a lump sum amount computed in accordance with the applicable provisions governing the purchase of credit for previous service, or such a lump sum as reduced in accordance with the provisions of paragraph nine of this subdivision.

(7) Notwithstanding any provision of section 13-108 of the code which requires a tier I member of NYCERS to pay for the purchase of credit for previous service through deductions from compensation, or any provision of subdivision b of section four hundred forty-six of the RSSL (with respect to a tier II member), subdivision b of section five hundred thirteen of the RSSL (with respect to a tier III member) or subdivision b of section six hundred nine of the RSSL (with respect to a tier IV member) which requires a tier II, tier III or tier IV member to have rendered at least five years of credited service after last joining a public retirement system in order to be eligible to obtain credit for previous service, and notwithstanding any other provision which requires a member of NYCERS or BERS to be in city-service or education service, respectively, in order to be retired for service, and notwithstanding any other provision of law to the contrary, a member of NYCERS or BERS who:

(i) meets the requirements of paragraph one of this subdivision; and (ii) has one or more periods of part-time service which meets the requirements of paragraph two of this subdivision; and

(iii) separated from active service (other than as a result of dismissal on charges or forfeiture of office) on or after May thirty-first, nineteen hundred eighty-eight; and

(iv) was at least sixty-two years of age at the time he or she separated from active service; and

(v) otherwise would have been eligible to retire for service at the time he or she separated from service if he or she at that time had been permitted to purchase and had purchased credit for such period or periods of previous part-time service may purchase during the window credit for such period or periods of previous part-time service by pay

period

I

ing during the window period a lump sum amount computed in accordance with the applicable provisions governing the purchase of credit for previous service, or such a lump sum as reduced in accordance with the provisions of paragraph nine of this subdivision, and may retire for service, provided that such member shall actually retire for service during the window period (with an effective date of retirement occurring during such period) and shall purchase such service credit during such period, and provided further that such retirement shall be permitted only in accordance with the provisions of this paragraph.

(8) Notwithstanding any other provision of law to the contrary, a service retiree of NYCERS or BERS:

(i) whose retirement became effective on or after May thirty-first, nineteen hundred eighty-eight, but prior to the expiration of the window period; and

(ii) who was at least retirement for service; and

sixty-two years of age at the time of such

(iii) who meets the requirements of paragraph one of this subdivision; and (iv) who has one or more periods of part-time service which meets the requirements of paragraph two of this subdivision may purchase during the window period credit for all or a portion of the previous part-time service which meets such requirements by paying during the window period a lump sum amount computed in accordance with the applicable provisions set forth below in this paragraph, provided that where such retiree purchases credit for less than the entire amount of such part-time service, he or she shall purchase credit for such service in the inverse order of which such service was rendered, with credit for the most recent service being purchased first, and credit for the earliest service being purchased last, and provided further that such a retiree who purchases such credit pursuant to this item shall have his or her service retirement allowance recomputed to reflect the purchase of such credit, but such retiree shall not be entitled to change the mode of payment of such retirement allowance from an option to the maximum retirement allowance, from the maximum retirement allowance to an option or from one option to another option. If such service retiree elects, pursuant to paragraph five of this subdivision, a retroactive date of commencement of membership, the obligations, rights and privileges of such retiree's membership from such new date of commencement of membership up to his or her service retirement, including, but not limited to, the computation of his or her retirement allowance and the obligation to make member contributions, shall be the same as if such person originally had become a member of the retirement system on such retroactive membership date, and the lump sum for the purchase of credit for such previous part-time service shall be computed in accordance with the provisions governing the purchase of pre-membership service credit which would be applicable to him or her if he or she originally had become a member of the retirement system on such retroactive membership date, subject, however, to any applicable reduction of such lump sum in accordance with the provisions of paragraph nine of this subdivision. If such service retiree does not make such an election pursuant to such paragraph five, such lump sum amount, subject to any applicable reduction pursuant to such paragraph nine, shall be computed in accordance with the applicable provisions governing the purchase of pre-membership service credit on the basis of the date of last commencement of membership of such service retiree.

(9) A member of NYCERS or BERS, who purchases credit for previous part-time service for a lump sum amount pursuant to paragraph six, seven or eight of this subdivision, may elect to have that lump sum amount reduced by an amount up to the maximum amount which such member would have been entitled to borrow from the total amount that would have been credited to such member in his or her annuity savings account (in the case of a tier I or tier II member) or member contributions accumulation fund (in the case of a tier III or tier IV member) if, during the window period, he or she had paid the full amount required to purchase such credit, provided that such person's retirement allowance shall be actuarially reduced (in accordance with the provisions of law governing loans which would be applicable to such person) by the amount by which the full lump sum purchase price was reduced pursuant to this paragraph. (10) (i) Notwithstanding any other provision of law to the contrary, where a deceased member of NYCERS or BERS, who died while a member of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

such system on or after May thirty-first, nineteen hundred eighty-eight, but prior to the expiration of the window period, met the requirements of paragraph one of this subdivision and, at the time of his or her death, had one or more periods of previous part-time service which meets the requirements of paragraph two of this subdivision, then his or her designated beneficiary (or estate if there is no designated beneficiary) may, during the window period (or if such member died within one hundred eighty days prior to the expiration of the window period, within one hundred eighty days after the expiration of the window period), file an election purchasing, on behalf of such deceased member, credit for all, but not less than all, of the previous part-time service which meets such requirements. The purchase price of such credit shall be deemed to have been paid by and refunded to the designated beneficiary or estate which files such election.

(ii) Notwithstanding any other provision of law to the contrary, where the designated beneficiary or the estate of a deceased member of NYCERS or BERS purchases credit for one or more periods of previous part-time service on behalf of such deceased member pursuant to subparagraph (i) of this paragraph, and such deceased member did not die in active cityservice or active education service for purposes of the applicable ordinary death benefit provision, then such deceased member shall be deemed to have died in active city-service or active education service for purposes of the applicable ordinary death benefit provision, but not for the purposes of any accidental death benefit provision or any presumptive retirement provision or provision for payment of a death benefit equal to a pension reserve.

(iii) Under no circumstances shall the purchase of credit by a beneficiary or estate pursuant to subparagraph (1) of this paragraph result in any benefit or any increase in benefit becoming payable pursuant to a presumptive retirement provision, or provision for payment of a death benefit equal to a pension reserve.

(11) (i) A member of NYCERS in city-service or a member of BERS in education service who:

(A) meets the requirements of paragraph one of this subdivision; and (B) has one or more periods of part-time service which meets the requirements of paragraph two of this subdivision; and

(C) otherwise is eligible to retire for service or otherwise would be eligible to retire for service if he or she were permitted to purchase credit for such part-time service; and

(D) submits to the appropriate retirement system a written request to purchase credit for a lump sum amount for any such period or periods of previous part-time service, in which request it is alleged that he or she is physically or mentally incapacitated for the performance of duty shall be entitled to a medical examination which shall be performed by the medical board of such retirement system.

(ii) Notwithstanding any other provision of law to the contrary, if such medical examination shows that any such member who meets the requirements of subparagraph (1) of this paragraph eleven is physically or mentally incapacitated for the performance of duty, the medical board shall so report to the executive director of such retirement system, and such member in city-service or education service shall be permitted to purchase credit for such period or periods of previous part-time service by paying a lump sum amount computed in accordance with the applicable provisions governing the purchase of credit for previous service, provided that such member shall both (A) actually retire for service effective not later than sixty days after being notified by the retirement system that he or she is eligible to purchase credit for such service pursuant to this paragraph, and (B) complete payment for such purchase within such sixty-day period.

c. Credit for service. (1) Notwithstanding any other provision of law to the contrary, and except as provided in paragraph two of this subdivision, and subject to the provisions of subdivision f of this section a member of NYCERS or BERS, who otherwise is entitled to credit for city-service or education service, shall have such credit prorated on the basis of one year of service credit for eighteen hundred twentyseven hours of such service rendered in a calendar year, provided, however, that no such member shall earn more than one year of service credit during any calendar year, and no such member shall earn, for any fraction of a calendar year, a fraction of a year of service credit, which fraction is greater than such fraction of a calendar year. However, this paragraph shall not apply to teachers, including those who work as regular substitutes and per diem teachers.