New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 359 - Administrative Review Law Requirements And Processing Procedures
Section 359.1 - Background

Chapter 437 of the Laws of 1993 added article 18 to the New York State Retirement and Social Security Law, which authorizes the granting of retroactive transfer, retroactive membership and credit for previous service in certain situations. Article 18, often referred to as the "Administrative Review Law," includes three sections which provide relief under different circumstances. Section 801 of the Retirement and Social Security Law allows for retroactive transfer between public retirement systems by certain members who were previously entitled to transfer membership in a public retirement system, but failed to make a timely election. This may result in a tier change based on a new date of membership. Section 802 of the Retirement and Social Security Law allows credit for service which was previously credited by a public retirement system but never transferred. Granting of credit under section 802 of the Retirement and Social Security Law will not affect a member's date of membership or tier status. Section 803 of the Retirement and Social Security Law allows for retroactive membership. This provision also may result in tier changes based on the new retroactive membership date.

Section 804 authorizes the comptroller to promulgate rules and regulations to implement the provisions of article 18, and this Part is promulgated pursuant to such section.