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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

State Police Plan

For PFRS Tier 2, 5 and 6 Members

(Section 381-b)

Additional Service Credit for Sick Leave (Section 341[j])

Under Section 341(j) of the Retirement and Social Security Law (RSSL), you may receive service credit for your unused, unpaid sick leave at retirement. To be eligible, you must retire directly from public employment or within a year after separating from service.

Your additional credit is determined by dividing your total unused, unpaid sick leave days (capped at 165 days for most members and 200 days for some police officers employed by New York State) by 260.

You can’t use credit for your unused sick leave at retirement to:

  • Qualify for vesting. For example, if you need five years of service credit to be vested, and you’re two months short, your sick leave credit can’t be used to reach the five years.
  • Qualify for a better retirement benefit calculation. For example, if your pension calculation will improve substantially with 20 years of service credit, but you only have 19½, your sick leave credit can’t be used to reach the 20 years.
  • Increase your pension beyond the maximum amount payable under your retirement plan.
  • Meet the service credit requirement to retire under a special 20- or 25-year plan.