§ 609. Credit for service. a. Part-time service.\n 1. A member who works less than full time, which for the purposes of\nthis section shall mean less than thirty hours a week, shall receive\nretirement credit for such service in accordance with the following\nprovisions:\n (i) a member employed on an hourly basis who works for five hundred or\nmore hours a year and who is on the payroll for a minimum of five months\nin the year shall receive credit on a prorated basis, but in no event\nshall less than six hours constitute a full day's retirement credit;\n (ii) a member employed on a per diem basis who works at least sixty\ndays in a year and who is on the payroll for a minimum of five months in\nthe year shall receive retirement credit on a day-for-day basis, but in\nno event shall less than six hours constitute a full day's retirement\ncredit;\n (iii) if the annual salary of a member paid on a basis other than per\ndiem or per hour would be less than the product of the state's minimum\nwage during such period and two thousand hours, the presumption shall be\nthat such a member is a part-time employee and any retirement credit\ngranted shall be prorated; provided, however, such a member shall not\nreceive greater credit than a member working on a per diem basis.\n 2. Except for retirement credit for military service as specified in\nsubdivision c of this section, a member shall not receive retirement\ncredit for any day that he is not on the payroll of the state, a\npolitical subdivision thereof, or a participating employer.\nNotwithstanding any other provisions of this section, with respect to\nmembers of the New York state employees' retirement system, teachers as\ndefined in section one hundred thirty-six of the civil service law,\nemployed full time for the school year, shall be deemed on the payroll\nof the state, for twelve months in crediting retirement service credit\nfor service rendered. For the purposes of this paragraph the comptroller\nshall define school year by regulation.\n 2-a. Except for retirement credit for military service as specified in\nsubdivision c of this section, a member shall not receive retirement\ncredit for any day that he is not on the payroll of the state, a\npolitical subdivision thereof, or a participating employer.\nNotwithstanding any other provision of this section to the contrary,\nwith respect to members of the New York state and local employees'\nretirement system, a member who is employed by a community college as\ndefined in section six thousand three hundred one of the education law\nor who is employed by any unit of the state university of New York as\ndefined in section three hundred fifty of the education law, and who is\nin the classified service as that term is defined in section forty of\nthe civil service law, and who is employed for the full academic year,\nfull academic year shall mean the fall and spring semesters during which\nacademic courses are offered, shall be deemed to be on the payroll of\nsuch community college or state university for twelve months in\ncrediting retirement service credit for service rendered.\n 2-b. Except for retirement credit for military service as specified in\nsubdivision c of this section, a member shall not receive retirement\ncredit for any day that he is not on the payroll of the state, a\npolitical subdivision thereof, or a participating employer.\nNotwithstanding any other provision of this section to the contrary, a\nmember of the New York state and local employees' retirement system who\nis employed by a community college as defined in section six thousand\nthree hundred one of the education law or who is employed by any unit of\nthe state university of New York as defined in section three hundred\nfifty of the education law, and who is in the unclassified service of\nthe civil service as defined in subdivisions (h) and (i) of section\nthirty-five of the civil service law, and who is employed for the full\nacademic year, full
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