New York Laws
Title C - Abolition of Positions; Suspension; Demotion
80 - Suspension or Demotion Upon the Abolition or Reduction of Positions.

(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.

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