N.Y. Retirement & Social Security Law § 802: Credit for previously credited service

§ 802. Credit for previously credited service. a. Notwithstanding any

ineligibility to obtain credit by reason of a failure to transfer

membership in a public retirement system pursuant to any applicable law,

retirement credit shall be granted for service which predates the date

of membership in a public retirement system after a member has rendered

five years of credited service since last joining a public retirement

system if:

(1) such service is otherwise creditable; and

(2) credit for such service had been granted by another public

retirement system; and

(3) such service is not currently credited in any other public

retirement system or any public retirement system in another state or of

the federal government.

b. Credit shall not be granted under this section unless such member:

(1) files, prior to the effective date of retirement, a written

request with the public retirement system from which credit is sought;

and

(2) deposits with such system, prior to the effective date of

retirement or as such system may allow, the amounts required in order to

obtain previous service credit under the member's current membership. If

the full amount of payment is not paid to such system, the amount of

service credited shall be proportional to the total amount of the

payments made.

c. The public retirement system may permit such member to pay such

contributions with interest in monthly installments equal or less in

number to the number of months of previous service credit granted or as

such system may allow. Upon retirement, such member shall not receive

credit for any service for which contributions are not paid as provided

herein.

d. The granting of previous service credit pursuant to this section

shall not affect the individual's date of membership or tier status.

e. This section shall not be construed to diminish, replace or

conflict with any other statutory right to obtain credit for previous

service.