N.Y. Comp. Codes R. & Regs. tit. 9 § 469.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 469.5 - Rights and privileges

Temporarily reappointed members shall not be permanent employees of the division, and will not be entitled to the rights, benefits and privileges accorded to permanent members. Reappointed members are temporary employees who may be appointed and may be dismissed without a hearing at the discretion of the superintendent. A general listing of temporarily reappointed members' rights, privileges, and limitations are as follows:

(a) temporarily reappointed members' date of entry will be the date of reappointment;

(b) temporarily reappointed members will accrue sick leave on a monthly basis, but will not have access to any sick leave accruals that existed at the time of their retirement and will be ineligible for sick leave at half-pay;

(c) temporarily reappointed members will accrue annual and personal leave. The date the reappointed member is rehired will be the personal leave anniversary date;

(d) temporarily reappointed members will not be members of any retirement system during the period of temporary employment, but will continue to receive their existing pension without an earnings limitation if authorized by law. As temporarily reappointed members are not members of the retirement system, they are ineligible for disability retirement or retirement system death benefits;

(e) temporarily reappointed members will not be eligible for leave under regulation 5.12 of the NYS Police Administrative Manual;

(f) temporarily reappointed members generally will follow the work schedules provided in article 8F;

(g) temporarily reappointed members shall not retain their original division date of entry and shall have seniority only among themselves for the purpose of vacation scheduling;

(h) temporarily reappointed members are not eligible for modified duty, but must be fit for full and strenuous duty at all times; and

(i) temporarily reappointed members shall not be eligible for promotional opportunities.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 469.5