N.Y. Retirement & Social Security Law § 1000: Military service credit

§ 1000. Military service credit. Notwithstanding any law to the

contrary, a member of a public retirement system of the state, as

defined in subdivision twenty-three of section five hundred one of this

chapter, shall be eligible for credit for military service as

hereinafter provided:

1. A member, upon application to such retirement system, may obtain a

total not to exceed three years of service credit for up to three years

of military duty, as defined in section two hundred forty-three of the

military law, if the member (a) was honorably discharged from the

military, or (b) has a qualifying condition, as defined in section three

hundred fifty of the executive law, and has received a discharge other

than bad conduct or dishonorable from such service, or (c) is a

discharged LGBT veteran, as defined in section three hundred fifty of

the executive law, and has received a discharge other than bad conduct

or dishonorable from such service.

2. A member must have at least five years of credited service (not

including service granted hereunder) to be eligible to receive credit

under this section.

3. To obtain such credit, a member shall pay such retirement system,

for deposit in the fund used to accumulate employer contributions, a sum

equal to the product of the number of years of military service being

claimed and three percent of such member's compensation earned during

the twelve months of credited service immediately preceding the date

that the member made application for credit pursuant to this section. If

permitted by rule or regulation of the applicable retirement system, the

member may pay such member costs by payroll deduction for a period which

shall not exceed the time period of military service to be credited

pursuant to this section. In the event the member leaves the employer

payroll prior to completion of payment, he or she shall forward all

remaining required payments to the appropriate retirement system prior

to the effective date of retirement. If the full amount of such member

costs is not paid to the appropriate retirement system prior to the

member's retirement, the amount of service credited shall be

proportional to the total amount of the payments made prior to

retirement.

4. In no event shall the credit granted pursuant to this section, when

added to credit granted for military service with any retirement system

of this state pursuant to this or any other provision of law, exceed a

total of three years.

5. To be eligible to receive credit for military service under this

section, a member must make application for such credit before the

effective date of retirement.

6. All costs for service credited to a member pursuant to this

section, other than the member costs set forth in subdivision three of

this section, shall be paid by the state and all employers which

participate in the retirement system in which such member is granted

credit.

7. A member who has purchased military service credit pursuant to

section two hundred forty-four-a of the military law shall be entitled

to a refund of the difference between the amount paid by the member for

such purchase and the amount that would be payable if service had been

purchased pursuant to this section.

8. Notwithstanding any other provision of law, in the event of death

prior to retirement, amounts paid by the member for the purchase of

military service credit pursuant to this section shall be refunded, with

interest, to the extent the military service purchased with such amounts

does not produce a greater death benefit than would have been payable

had the member not purchased such credit.

Notwithstanding any other provision of law, in the event of

retirement, amounts paid by the member for the purchase of military

service credit pursuant to this section shall be refunded, with

interest, to the extent the military service purchased with such amounts

does not produce a greater retirement allowance than would have been

payable had the member not purchased such credit.

9. Anything to the contrary in subdivision three of this section

notwithstanding, to obtain such credit, a member who first joins a

public retirement system of the state on or after April first, two

thousand twelve shall pay such retirement system, for deposit in the

fund used to accumulate employer contributions, a sum equal to the

product of the number of years of military service being claimed and six

percent of such member's compensation earned during the twelve months of

credited service immediately preceding the date that the member made

application for credit pursuant to this section.