(2) Notwithstanding the provisions of paragraph one of this subdivision, 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, shall 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 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.

(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 rendered in part-time per annum job titles for which it is difficult to determine the number of hours actually worked, including, but not limited 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 credit for previous part-time service. (1) Except as provided in paragraphs two and three of this subdivision, and subject to 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 govern the purchase of credit for pre-membership service by such member. (2) (1) 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 or 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 or 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 or titles shall be creditable toward satisfying such eligibility requirement or such requirement as to the method of determining the amount of a benefit.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(4) No provision of the code or the rules and regulations of BERS which provides for the payment of a pension-providing-for-increasedtake-home-pay for a member of NYCERS or BERS, or the funding of such a benefit, or the accumulation of a 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-service 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, as a 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 who did 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 or compensation earnable by him or her for city-service in the year prior to his or her retirement", as used in subparagraph (a) of paragraph three of subdivision e of section 13-162 of the code, subparagraph (a) of paragraph three of subdivision g of such section, subparagraph (a) of paragraph four of such subdivision g, subparagraph (e) of paragraph 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 (b) 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", as used in paragraph two of subdivision c of section 13-173 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 his or her discontinuance of city-service.

(4) (i) 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 (i) of subparagraph (a) of paragraph two of subdivision a of section 13-148 of the code, shall be deemed mean an amount equal to the compensation paid on the payroll to such member for city-service rendered during the period for which such mem

to

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

not

(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 hold a full-time position in city-service at all times while a member during the entire twelve-month period immediately preceding his or 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 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 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 which such member, while a member, was credited with his or her final twelve months of service credit immediately preceding his or her death.

for

(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 on 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 subdivision 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.

ser

sub

(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 a 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 g of such section, paragraph (a) of paragraph four of such subdivision g, 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 compensation 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

or

(8) Subject to the provisions of subdivision f of this section, where the 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 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.

one

(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.

one of

(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 immediately preceding his death", as used in subdivision 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 or 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 or her 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", as used in subdivision three of section twenty of the BERS rules and regulations, shall be deemed to mean an amount equal to twice the compensation paid on the payroll to sucḥ member for education 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.

(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 a 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 I member of BERS who has made a 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 designated by such member, the term "three-year-average compensation", as defined in such subdivision thirty-six, shall be deemed to mean one

com

third of the highest total compensation paid on the payroll to such menber during any continuous period of education service for which the member was credited with three years of service credit.

(12) (i) 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 a 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 (1) of this paragraph shall be exclusive of any form of termination pay (which shall include any compensation in anticipation of retirement), any lump sum 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 a tier III member of NYCERS or BERS the term "final average salary", as used in article fourteen of the RSSL, shall be equal to greater of:

the

(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;

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.

(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

of:

(i) one-third of the highest total wages earned by such member 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; 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