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 359.4 - Rights to credit for previously credited service under retirement and social security law, section 802

Universal Citation: 2 NY Comp Codes Rules and Regs § 359.4

Current through Register Vol. 46, No. 39, September 25, 2024

Under section 802 of the Retirement and Social Security Law, a member may become eligible to receive credit for service rendered prior to the current date of membership, subject to the eligibility requirements provided below and/or otherwise provided by statute. Crediting of service under section 802 of the Retirement and Social Security Law does not affect an individual's date of membership or retirement system tier status.

(a) Eligibility requirements:

(1) The service must be otherwise creditable under the provisions of the Retirement and Social Security Law.

(2) Service credit must have been previously credited by a public retirement system of the State for any period for which credit is sought under section 802 of the Retirement and Social Security Law. (See section 359.2 of this Part regarding the pertinent definition of "public retirement system of the State").

(3) The service must not be currently credited in any other public retirement system in New York State, or in a retirement system of any other state or the Federal government.

(4) A member must have rendered at least five years of credited service since last joining a public retirement system.

(5) A member must file a written request with the retirement system for retroactive credit being sought under section 802 of the Retirement and Social Security Law. The request should indicate the dates of service for which credit is sought. While there is no deadline for filing such a written request, the amounts necessary for purchase of the service credit must be deposited with the retirement system prior to the effective date of retirement.

(6) Payment of contributions required for service to be credited under section 802 of the Retirement and Social Security Law, plus applicable interest, shall be made by means of lump sum payment or by payroll deduction. The repayment period may be any period of time less than or equal to the period of previous service to be credited.

(7) If the member does not complete payment of required contributions plus applicable interest prior to the effective date of retirement, the retirement system shall grant credit proportional to the amount of payment received on or before such date.

(b) Determination and hearings. Upon review of the application and the pertinent facts, the retirement system shall issue a determination either approving or disapproving an application for service credit under section 802 of the Retirement and Social Security Law. An applicant shall be entitled to request an administrative hearing pursuant to section 74 or section 374 of the Retirement and Social Security Law, as appropriate, in the event of an adverse determination.

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