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(2) Notwithstanding the provisions of paragraph one of this subdivi-
sion, or any other provision of law to the contrary, and subject to

the
provisions of subdivision f of this section, a member of BERS, who
otherwise is entitled to credit for education service in a job title in
which duties are regularly scheduled to be performed only during the
school year, or who otherwise is entitled to credit for service in the
title of school crossing guard with the New York city police department,
where the duties of such title are regularly scheduled to be performed
only during the school year, shayl have such credit prorated on the
basis of one year of service credit for fourteen hundred seventy hours
of such service rendered in a calendar year, provided that no such mem-
ber 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 ap-
ply to teachers, including those who work as regular substitutes and per
diem teachers.

(3) The board of trustees of NYCERS and the retirement board of BERS
shall have the authority to adopt reasonable rules for prorating the
credit for part-time city-service or part-time education service ren-
dered in part-time per annum job titles for which it is difficult to
determine the number of hours actually worked, including, but not lim-
ited to, such titles as New York city tax commissioner, New York city
planning commissioner and New York city councilmanic aide. Such rules
shall, to the extent possible, grant service credit based on the number
of hours actually worked in such titles.

d. Purchase of for previous part-time service. Except
the provisions of paragraphs six through eleven of subdivision b of this
section, where those provisions are applicable, the purchase of credit
for previous, part-time service by a member of NYCERS or BERS shall be
governed by all of the applicable provisions which otherwise would gov-
ern the purchase of credit for pre-membership service by such member.

(2) (i) Notwithstanding any other provision of law to the contrary, a
member of NYCERS may purchase credit for previous part-time

education
service which was rendered prior to the expiration of the window period
(as defined in paragraph twenty-two of subdivision a of this section),
except that such member may not purchase credit for any such part-time
education service rendered prior to the expiration of the window period
which was rendered during a payroll, period in which such member also
rendered city-wide for which he or she has earned or is eligible to earn
service credit.

(ii) Notwithstanding any other provision of law to the contrary, a member of BERS may purchase credit for previous part-time

city-service which

was rendered prior to the expiration of the window period, except that such member may not purchase credit for any such part-time cityservice, rendered prior to the expiration of the window period which was rendered during a pay period in which such member also rendered education service for which he or she has earned or is eligible to earn service credit,

(3) Notwithstanding any other provision of law to the contrary, where a tier I or tier II member of NYCERS or BERS has purchased credit for previous part-time service which meets the requirements of paragraph two of subdivision b of this section, or a tier I or tier II service retiree of NYCERS or BERS has purchased' such credit pursuant to paragraph eight of subdivision b of this section, or a beneficiary or estate has

purchased such credit on behalf of such member pursuant to paragraph ten of subdivision b of this section, such credit, whether not purchased pursuant to any of the provisions of paragraphs six through eleven of subdivision b of this section, shall be counted toward such member's eligibility for a retirement benefit as well as the amount of the benefit provided that where service in a specified title in specified titles

is required for eligibility for a benefit, or is required with respect to the method of determining the amount of a

benefit, nothing contained in this paragraph shall be construed as directing that parttime service in a title which is different from such specified title titles shall be creditable toward satisfying, such eligibility requirement or such requirement as to the method of determining the amount of a

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(4) No provision of the code or the rules and regulations of BERS which provides for the payment of pension-providing-for-increasedtake-home-pay for a member of NYCERS or BERS, or the funding of such a benefit, or the accumulation of reserve-for-increased-take-home-pay, shall be applicable to the purchase of credit by such member' for previous part-time service.

(5) The provisions of section one hundred thirty-eight-b of the RSSL shall not be applicable to the purchase of credit for previous part-time service by a member of NYCERS or BERS.

(6) Nothing contained in paragraph four or paragraph five of this subdivision shall be construed as adding to, diminishing or changing any rights or obligations pertaining to the purchase of credit for previous service which is not part-time service.

e. Salary base for part-time service. (1) Definitions. The following terms, as used in this subdivision, shall have the following meanings, unless a different meaning is plainly required by the context:

(i) "Full-time position in city-service". A position in city-seryice in which a person is regularly scheduled to work at least eighteen hundred twenty-seven hours per year.

(ii) "Full-time position in education service": (A) A position in education service in which a person is regularly scheduled to work at least eighteen hundred twenty-seven hours per year; or (B),

a position in education service (a) in which duties are regularly scheduled to be performed only during the school year; (b) in which a person is regularly scheduled to work at least fourteen hundred seventy hours per school year; and (c), in which such person,

а member of BERS, is entitled to earn credit for such service, pursuant to paragraph two of subdivision c of this section, on the basis of one year of service credit for fourteen hundred seventy hours of such service rendered in a calendar year.

(2) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of NYCERS not hold a full-time position in city-service at all times during the entire one-year period immediately prior to retirement the term "salary compensation

earnable by him or her for city-service in the year prior to his or her, retirement", as used in subparagraph. (a) of para; graph three of subdivision e of section 13-162 of the code, subparagraph (a) of paragraph three of subdivision & of such section,

şubparagraph (a) of paragraph four of such subdivision &, subparagraph (e) of para, graph eight of subdivision a of section 13-172 of the code, subparagraph (a) of paragraph three of subdivision c of section 13-174 of the code or subparagraph (a) of paragraph four of such subdivision C,

or the term "annual

salary or compensation earnable by him or her for city-service in the year prior to his or her retirement", as used in subparagraph (1) of paragraph seven of subdivision a of section 13-172 of the code, shall be deemed to mean the salary, or compensation paid on the payroll to such member for city-service rendered during the period for which such member was credited with his or her final one year of service credit immediately prior to retirement. (3) . Subject to the provisions of subdivision f of this section,

where those provisions are applicable, for a tier I member of NYCERS who did not hold a full-time position in city-service at all times during the entire one-year period immediately prior to his or her discontinuance of city-service, the term "annual salary or compensation earnable by him or her for city-service in the year prior to his or her discontinuance of city-service", used paragraph two of subdivision

of section 13-173 of the code, shall be deemed to mean the salary paid on the payroll to such member for city-service rendered during the period for which such member was credited with his or her final one year

service credit immediately prior to his or her discontinuance of city-service.

(1) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of NYCERS who did not hold a full-time position in city-service at all times while a member during the entire six-month period immediately preceding his or her death, the

term "an amount equal to the compensation earnable by such member while a member, during the six months immediately preceding his or her death", as used in item (1) of subparagraph (a) of paragraph two of subdivision' a of section 13-148 of the code, shall be deemed to mean

amount equal to the compensation paid on the payroll to such member for city-service rendered during the period for which such mem

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ber, while member, was credited with his or her final six months of service credit immediately preceding his or her death.

(ii) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of NYCERS who did not hold a full-time position in city-service at all times while a memper during the entire twelve-month period immediately preceding hiş her death, the term "an amount equal to the compensation earnable by such member in city-service while a member during the twelve months immediately preceding his or her death", as used in item (ii) of subparagraph (a) of paragraph two of subdivision a of section 13-148 of the code, shall be deemed to mean an amount equal to the compensation paid on the payroll to such member for city-service rendered during the period for which such member, while a member,, was credited with his or her final twelve months of service credit immediately preceding his her death.

(iii) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier 1 member of NYCERS who did not hold, a full-time position in city-service at all times during the entire twelve-month period immediately preceding his or her death, the term "an amount equal to twice the compensation earnable by him or her in city-service while a member during the twelve months immediately preceding his or her death", as used in item (iii) of subparagraph (a) of paragraph two of subdivision a of section 13-148 of the code, shall be deemed to mean an amount equal to twice the compensation paid on the payroll to such member for city-service rendered during the period for which such member, while a member, was credited with his or her final twelve months of service credit immediately preceding his or her death.

(5) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of NYCERS

who did not hold a full-time position in city-service at all times during his or her entire last five years of city-service, or during any other five consecutive years of member or restored member service which such member shall designate pursuant to subdivision nine of section 13-101 of the code, the term "final

compensation", as defined in such subdivision nine, shall be deemed to mean one-fifth of the highest total compensation paid the payroll to such member for any continuous period of city-service for which the member was credited with five years of service credit.

(6) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of NYCERS who has made a valid election of "three-year-average compensation", pursuant to şubdivision fifty-eight of section 13-101 of the code, and who did not hold a full-time position in city-service at all times during the entire three-year period of city-service designated by such member, the term "three-year-average compensation", as defined in such subdivision fiftyeight, shall be deemed to mean one-third of the highest total compensation paid on the payroll to such member during any continuous period of city-service for which the member was credited with three years of vice credit.

(7) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of BERS who did not hold

full-time position in education service at all times during the entire one-year period immediately prior to retirement, the term "salary or compensation earnable by him for education-service in the year prior to his retirement", as used in subparagraph (a) of paragraph

three of subdivision e of section thirty of the BERS rules and regulations, subparagraph (a) of paragraph three of subdivision 8 of such section, subparagraph (a) of paragraph four of such subdivision ,

paragraph (e) of subdivision eight of section twelve of the BERS rules and regulations, subparagraph (1) of paragraph c of subdivision three of section sixteen of the BERS rules and regulations or subparagraph (i) of paragraph d of such subdivision three, or the term "annual salary or compensation earnable by him for education-service in the year prior to his retirement", as used in paragraph (b) of subdivision seven of section twelve of the BERS rules and regulations, shall be deemed to mean the salary or pensation paid on the payroll to such member for education service rendered during the period for which such member was credited with

his her final one year of service credit immediately prior to retirement. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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(8) Subject to the provisions of subdivision f of this section, where the provisions are applicable, for a tier 1 member of BERS who did not hold full-time position in education service at all times during the entire one-year period immediately prior to his or her discontinuance of city-service, the term "annual salary or compensation earnable by him for education-service in

the
year prior

to his discontinuance of education-service", as used in paragraph two of subdivision c of section thirty-two of the BERS rules and regulations, shall be deemed to mean the salary or compensation paid on the payroll to such member for education service rendered during the period for which such member was credited with his or her final one year of service credit immediately prior to his or her discontinuance of education service.

(9)(i) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of BERS who did not hold a full-time position in education service at all times during the entire six-month period immediately, preceding his or her death, the term "an amount equal to the compensation earnable by him during the six months immediately preceding his death", as used in subdivision of section twenty of the BERS rules and regulations or paragraph (b) of subdivision two of such section, shall be deemed to mean an amount equal to the

compensation paid on the payroll to such member for education service rendered during the period for which such member was credited with his or her final six months of service credit immediately preceding his or her death.

(ii) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of BERS who did not hold a full-time position in education service at all times during the entire twelve-month period immediately preceding his or her death, "an amount equal to the

compensation earnable by him during the twelve months imnediately preceding his death",, as used in subdivision one

of section twenty of the BERS rules and regulations or paragraph (b) of subdivision two of such section, shall be deemed to mean an amount equal to the compensation paid on the payroll to such member for education service rendered during the period which such member was credited with his her final twelve months of service credit immediately preceding his or her death.

(iii) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of BERS who did not hold a full-time position in education service at all times during the entire twelve-month period immediately preceding his death, the term "an amount equal to twice the compensation earnable by him in education-service while a member during the twelve months immediately preceding his death", used in subdivision three of section twenty of the BĚRS rules and regulations, shall be deemed to mean amount equal to twice the compensation paid on the payroll to such memþer for education service rendered during the period for which such mem; ber, while a member, was credited with his or her final twelve months of service credit immediately preceding his or her death.

(10) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier I member of BERS who did not hold full-time position in education service at all times during his or her entire last five years of education service, or during any other five consecutive years

of education service which such member shall designate pursuant to subdivision thirteen of section two of the BERS rules and regulations, the term "final compensation", as defined in such subdivision thirteen, shall be deemed to mean one-fifth of the highest total personal compensation in any form paid on the payroll to such member for regular day service during any continuous period of education service for which the member was credited with five years of service credit, provided that such amount shall be exclusive of any extra pensation for special services, either during the day or night.

(11) Subject to the provisions of subdivision f of this section, where those provisions are applicable, for a tier 1 member of BERS who has made

valid election of "three-year-average compensation" pursuant to subdivision thirty-six of section two of the BERS rules and regulations and who did not hold a full-time position in education service at all times during the entire three-year period of education service desig. nated by such member, the term "three-year-average compensation", as defined in such subdivision thirty-six, shall be deemed to third of the highest total compensation paid on the payroll to such member during any continuous period of education service for which the menber was credited with three years of service credit.

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(12) (1) Subject to the provisions of subdivision f of this section and the provisions of subdivision d of section four hundred forty-three of the RSSL, where those provisions are applicable, and notwithstanding the provisions of subdivision a of section four hundred forty-three of the RSSL, for tier II member of NYCERS or BERS, the term "final average salary", as used in article eleven of the RSSL, shall be equal to the greater of:

(A) one-third of the highest total salary earned during any, continuous period of employment for which the member was credited with three years of service credit;

provided that such salary shall be subject to the provisions of subparagraph (ii) of this paragraph; and provided further that if the salary earned during any year of credited service included in the period used to determine final average salary exceeds the average of the salaries of the previous two years of credited service by more than twenty, per centum, the amount in excess of twenty per centum shall be excluded from the computation of final average salary; or

(B) the total amount of salary earned during any six consecutive years from service for which the member received service credit divided by the amount of such service credit earned during that six-year period; provided that such total amount of salary shall be subject to the provisions of subparagraph (ii), of this paragraph.

(ii) The total earned salary used to determine the amount computed pursuant to item (A) or item (B) of subparagraph (i) of this paragraph shall be exclusive of any form of termination pay (which shall include any compensation in anticipation of retirement), any lump

payment for deferred compensation, sick leave, or accumulated vacation credit, or any other payment for time not worked (other than compensation received while on sick leave or authorized leave of absence).

(13) Subject to the provisions of subdivision f of this section and the provisions of subdivision c of section five hundred twelve of the RSSL, where those provisions are applicable, and notwithstanding the provisions of subdivision a of section five hundred twelve of the RSSL, for tier III member of NYCERS BERS, the term "final average salary", as used in article fourteen of the RSSŁ, shall be equal to the greater of:

(i), one-third of the highest total wages earned during any continuous period of employment for which the member was credited with three

years of service credit; provided that if the wages earned during any year of credited service included in the period used to determine final average salary exceeds the

average of the wages of the previous two years of credited service by more than ten percent, the amount in excess of ten percent shall be excluded from the computation of final average salary;

(ii) the total wages earned during any six consecutive years from service for which the member received service credit divided by the amount of such service credit earned during that six-year period.

(14) Subject to the provisions of subdivision f of this section and the provisions of subdivision c of section six hundred eight of the RSSL, where those provisions are applicable, and notwithstanding the provisions of subdivision a of section six hundred eight of the RSSL, for a tier IV member of NYCERS or BERS, the term "final average salary", as used in article fifteen of the RSSL, shall be equal to the

greater (i) one-third of the highest total wages earned by such member during any, continuous period of employment for which the member credited with three years

of service credit; provided that if the wages earned during any year of credited service included in the period used

to determine final average salary exceeds the average of the wages of the previous two years of credited service by more than ten percent,

the amount in excess of ten percent shall be excluded from the computation of final average salary; or

(ii) the total wages earned during any, six consecutive years from service for which the member received service credit divided by the amount of such service credit earned during that six-year period.

(15) Nothing contained in this subdivision shall be construed as modifying the provisions of paragraph (a) of subdivision thirty-seven of section two of the BERS rules and regulations, or as affecting in any way the manner in which such paragraph is interpreted and applied by BERS to the computation of benefits. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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