3107 - Enacted without section heading.

§ 3107. In  cities  having  a  population  of  one  million  or  more,  employees of the board of education who are members of the New York city  teachers' retirement system shall be granted sick leave due to  personal  illness.  Such sick leave shall be on the basis of at least ten days for  each  year  of  service,  cumulative  to  a maximum of two hundred days.  Members shall upon application be granted a retirement leave of  absence  with  full  pay  consisting of one-half of their accumulated unused sick  leave, up to a maximum of one school term or the  equivalent  number  of  school days.    Members  of  the  New York city teachers' retirement system who are in  the employ of the board of higher education and members of the permanent  instructional staff of the board of higher education who are members  of  any  other  retirement  system shall be eligible for retirement leave on  the same basis as employees of the board of education, except that  such  members  shall  be  granted sick leave due to personal illness of twenty  days for each year of service cumulative to a  maximum  of  one  hundred  sixty  days.  Such members shall upon application to the board of higher  education be granted a retirement leave  with  full  pay  consisting  of  one-half  of their accumulated unused sick leave, up to a maximum of one  semester or the equivalent number of school days.    Members of any retirement system who  are  members  of  the  permanent  instructional  staff  of  any  community college in the city of New York  shall upon application be granted a retirement  leave  of  absence  with  full  pay consisting of one-half of their accumulated unused sick leave,  up to a maximum of one semester or the equivalent number of school days.    Days when school is not  in  session  shall  not  be  counted  in  the  calculation of such retirement leaves. When a vacation period intervenes  between  the end of a retirement leave and the member's retirement date,  such vacation period shall be deemed a period of active service for  all  purposes including compensation.    A retirement leave of absence shall be cancelled when a member on such  leave  files  an  application  for  immediate  retirement  or  files  an  application for reinstatement to active service,  in  which  event  such  member  shall be deemed to have forfeited the future right to the number  of days of retirement leave already taken. In the event that a member on  retirement leave applies for a sick leave  during  the  period  of  such  retirement  leave,  he  shall  thereupon  become  entitled  to his total  accumulated unused sick leave minus the number of school  days  actually  taken as retirement leave, provided however, that such retirement leave,  exclusive  of  sick leave, shall not exceed one school term or semester,  or the equivalent  number  of  school  days.  However,  members  of  the  instructional staff of the board of higher education or of the community  colleges of the city of New York who are entitled to retirement leave of  one semester shall not have the right to start a retirement leave during  the  course of a semester, nor may any member of the instructional staff  of the board of higher education or of the  community  colleges  of  the  city  of New York on retirement leave have the right to be reinstated to  active service during the course of a semester.    The extent of such leaves shall be included in the number of years  of  allowable service for retirement purposes.    The  duties  of  members  on retirement leave shall be covered in like  manner as when members are absent on sick leave.    Any provision of law inconsistent with this section is  hereby  deemed  superseded.