80 - Suspension or Demotion Upon the Abolition or Reduction of Positions.

NY Civ Serv L § 80 (2019) (N/A)
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(b) (1) Pursuant to such method of payment, such member shall pay, as additional member contributions payable besides the ordinary member contributions due for his current service:

(A) the ordinary member contributions which would have been done for such period of suspension if he or she had actually been in service during such period; and

(B) (if such member has elected the twenty-year retirement program provided for by section six hundred four-a of the retirement and social security law), the additional member contributions which he would have been required to make under the provisions of that section for the period from the starting date of such program to the date next preceding the date on which such member became a participant in such retirement program, if he had become such a participant on such starting date; and

(C) additional member contributions of two per centum of his or her compensation for the period beginning with the first full payroll period which includes the date of enactment of this subdivision and ending on the earlier of his or her date of retirement or his or her completion of thirty years of service.

(2) The deduction for the additional contribution referred to in items (A) and (B) of subparagraph one of this paragraph shall be made in accordance with such equitable method and over such equitable period of time as shall be prescribed by the executive director of the affected retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of subparagraph one of this paragraph shall be paid into the retirement system's member contributions accumulation fund which is required to receive the ordinary member contributions of such member. The additional member contributions referred to in item (B) of such subparagraph shall be paid into the contingent reserve fund of such retirement system and shall be subject to the provisions of such section six hundred four-a of the retirement and social security law governing additional member contributions. The additional member contributions referred to in item (C) of such subparagraph shall be paid into the contingent reserve fund of such retirement system and shall not be subject to any retirement system right or privilege of such member, unless such right or privilege is granted by other provisions of law which specifically refer to additional member contributions made pursuant to this subdivision.

(4) At any time prior to completion of the deduction for the additional contributions referred to in items (A) and (B) of subparagraph one of this paragraph, payment of the remainder of the total of such additional contribution due may be made in a lump sum, provided further that such member shall pay into the contingent reserve fund of the retirement system two percent of his or her earnings in each year until the earlier of his or her date of retirement or his or her completion of thirty years of service. In addition, if such member elected to be covered by the provisions of section six hundred four-a of the retirement and social security law, he or she shall also pay into such contingent reserve fund the contributions that would have been required had he or she made such election as of the starting of the twenty-year retirement program. 7-b. Certain suspensions in cities of one million or more for reasons of economy. (a) Notwithstanding the provisions of any other general or local law, administrative code or ordinance to the contrary, in cities having a population of one million or more, any member of the uniformed force of the department of correction of such city who was suspended on or after May first, two thousand three, because of economy measures taken by such city and who returns to such service prior to July first, two thousand four, shall be deemed to have been in continuous service in determining length of service for retirement purposes if the duration of such suspension did not exceed thirteen months; provided, however, that for retirement purposes, a member receiving such service credit shall pay, by deductions from his or her compensation, subject to the method prescribed by subparagraph two of paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay, as additional member contributions payable besides the ordinary member contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for such period of suspension if he or she had actually been in service during such period; and

(B) if such member is covered by the twenty-year retirement program provided for by section five hundred four-a of the retirement and social security law, the additional member contributions which he or she would have been required to make under the provisions of that section for such period of suspension if he or she had actually been in service during such period.

(2) The deduction for the additional contributions referred to in clauses (A) and (B) of subparagraph one of this paragraph shall be paid in accordance with such equitable method and over such equitable period of time as shall be prescribed by the executive director of the affected retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in clause (A) of subparagraph one of this paragraph shall be paid into the retirement system's member contributions accumulation fund which is required to receive the ordinary member contributions of such member. The additional member contributions referred to in clause (B) of such subparagraph shall be paid into the contingent reserve fund of such retirement system and shall be subject to the provisions of such section five hundred four-a of the retirement and social security law governing additional member contributions.

(4) At any time prior to completion of the deduction for the additional contributions referred to in clauses (A) and (B) of subparagraph one of this paragraph, payment of the remainder of the total of such additional contributions due may be made in a lump sum. In addition, if such member is covered by the provisions of section five hundred four-a of the retirement and social security law, he or she shall also pay into the contingent reserve fund of the retirement system the contributions required to be made pursuant to such section. 7-c. Certain suspensions in cities of one million or more for reasons of economy. (a) Notwithstanding the provisions of any other general or local law, administrative code or ordinance to the contrary, in cities having a population of one million or more, any employee in the title of carpenter or supervisory carpenter of such city who was suspended on or after June first, nineteen hundred ninety-one because of economy measures taken by such city and who returns to such service prior to July first, nineteen hundred ninety-three, shall be deemed to have been in continuous service in determining length of service for retirement purposes if the duration of such suspension did not exceed twenty-five months; provided, however, that for retirement purposes, a member receiving such service credit shall pay, by deductions from his or her compensation, subject to the method prescribed by subparagraph two of paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay the ordinary member contributions due for his or her current service which would have been paid for such period of suspension if he or she had actually been in service during such period.

(2) The deduction for the additional contributions referred to in subparagraph one of this paragraph shall be paid in accordance with such equitable method and over such equitable period of time as shall be prescribed by the executive director of the affected retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in subparagraph one of this paragraph shall be paid into the retirement system's member contributions accumulation fund which is required to receive the ordinary member contributions of such member.

(4) At any time prior to completion of the deduction for the additional contributions referred to in subparagraph one of this paragraph, payment of the remainder of the total of such additional contributions due may be made in a lump sum. 7-d. Certain suspensions in cities of one million or more for reasons of economy. (a) Notwithstanding the provisions of any other general or local law, administrative code or ordinance to the contrary, in cities having a population of one million or more, any employee of the department of parks of such city who had been employed as a climber and pruner who was suspended on or after July first, nineteen hundred ninety-one, because of economy measures taken by such city and who returned to such service prior to July first, nineteen hundred ninety-five, shall be deemed to have been in continuous service in determining length of service for retirement purposes if the duration of such suspension did not exceed twenty-five months; provided, however, that for retirement purposes, a member receiving such service credit shall pay, by deductions from his or her compensation for each and every payroll period, subject to the member contributions prescribed by subparagraph two of paragraph (b) of this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as additional member contributions payable besides the ordinary member contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for such period of suspension if he or she had actually been in service during such period; and

(B) if such member is covered by the optional twenty-five year early retirement program for certain New York city members provided by section six hundred four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five, the additional member contributions which he or she would have been required to make under the provisions of that section for such period of suspension if he or she had actually been in service during such period.

(2) The deduction for the additional contribution referred to in items (A) and (B) of subparagraph one of this paragraph shall be paid in accordance with such equitable method and over such equitable period of time as shall be prescribed by the executive director of the affected retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of subparagraph one of this paragraph shall be paid into the retirement system's member contributions accumulation fund which is required to receive the ordinary member contributions of such member. The additional member contributions referred to in item (B) of such subparagraph shall be paid into the contingent reserve fund of such retirement system and shall be subject to the provisions of section six hundred four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five, governing additional member contributions.

(4) At any time prior to completion of the deduction for the additional contributions referred to in items (A) and (B) of subparagraph one of this paragraph, payment of the remainder of the total of such additional contribution due may be made in a lump sum. In addition, if such member is covered by the provisions of section six hundred four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five, he or she shall also pay into such contingent reserve fund the contributions required to be made pursuant to this section. 8. Certain suspensions in cities of one million or more for reasons of economy. Notwithstanding the provisions of any other general or local law, administrative code or ordinance, in cities having a population of one million or more, any member employed in the uniformed or non-uniformed services of such city who was suspended on or after July first, nineteen hundred seventy-five, because of economy measures taken by such city, and who returns to such service, shall be deemed to have been in continuous service in determining seniority and length of service regardless of the duration of such suspension; provided, however, that for retirement purposes, a member receiving such service credit shall pay into the annuity savings fund of the retirement system the amount of the employee contributions required to have been paid into the retirement system for such service, within one year after this subdivision shall have taken effect. For the purposes of this subdivision "uniformed services" shall mean and include any uniformed force or service the members of which are paid in whole or part by such city. 9. Certain suspensions or demotions in the city of Niagara Falls. Notwithstanding the provisions of subdivision one of this section, the members of a paid fire department in the city of Niagara Falls shall be subject to the following procedure. Where, because of economy, consolidation or abolition of functions, curtailment of activities or otherwise, positions in the competitive class are abolished or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions shall be made in the inverse order of original appointment on a permanent basis in the grade or title in the service of the governmental jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivision seven of section eighty-five of this chapter. Notwithstanding the provisions of this subdivision, however, upon the abolition or reduction of positions in the competitive class, incumbents holding the same or similar positions who have not completed their probationary service shall be suspended or demoted, as the case may be, before any permanent incumbents, and among such probationary employees the order of suspension or demotion shall be determined as if such employees were permanent incumbents.