N.Y. Retirement & Social Security Law § 645: Benefits for certain members who re-enter public service

§ 645. Benefits for certain members who re-enter public service. 1.

As used in this article the term "public retirement system" shall mean

the New York state and local employees' retirement system, the New York

state teachers' retirement system, the New York state and local police

and fire retirement system, the New York city employees' retirement

system, the New York city teachers' retirement system, the New York city

board of education retirement system, the New York city police pension

fund, or the New York city fire department pension fund.

2. Notwithstanding any other provision of law, any person other than a

retiree of a public retirement system, who previously was a member of a

public retirement system and whose membership in such public retirement

system ceased by reason of (i) insufficient service credit, (ii)

withdrawal of accumulated contributions, or (iii) withdrawal of

membership, upon rejoining such public retirement system or another

public retirement system, shall be deemed to have been a member of his

or her current retirement system during the entire period of time

commencing with and subsequent to the original date of such previous

ceased membership, provided that such person (a) makes application

therefor to the administrative head of his or her current public

retirement system, and (b) repays the amount refunded, if any, at the

time such previous membership ceased, together with interest at the rate

of five percent per annum compounded annually from the date of such

refund through the date of repayment. Upon such reinstatement of date of

membership, such member shall be entitled to all the rights, benefits

and privileges to which he or she would have been entitled had his or

her current membership begun on such original date of membership except

that, solely for the purposes of granting retirement credit to members

of a public retirement system other than the New York city teachers'

retirement system for service credited during such previous ceased

membership where such was in a public retirement system other than the

member's current retirement system, such previously credited service

shall be deemed to be prior service, not subsequent service.

Furthermore, any such member whose original date of membership was prior

to July first, nineteen hundred seventy-three shall be entitled to all

the rights, benefits and privileges to which he or she would have been

entitled had he or she been in active service on June thirtieth,

nineteen hundred seventy-three. Any contribution made to the public

retirement system pursuant to article fourteen or fifteen of this

chapter by a member who rejoined his or her current system on or after

July twenty-seventh, nineteen hundred seventy-six shall not be refunded.

3. Anything in this section to the contrary notwithstanding, any

member or retiree of a public retirement system who, prior to

reinstatement to an original date of membership prior to the

twenty-seventh day of July, nineteen hundred seventy-six, had obtained

credit for previous service from such system pursuant to article

fourteen or fifteen of this chapter shall be entitled to have any

amounts paid by such member to such system for the purposes of obtaining

such credit refunded to such member with interest at the rate of five

percent per annum from the date of the last payment to such system.

4. The provisions of this article shall be applicable to a person who

is, on the date this article becomes effective, or who subsequent to

such date becomes, a member of a public retirement system.