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

New York § 645

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 15-D: Benefits For Certain Members Who Re-enter Public Service

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§ 645. Benefits for certain members who re-enter public service. 1.\nAs used in this article the term "public retirement system" shall mean\nthe New York state and local employees' retirement system, the New York\nstate teachers' retirement system, the New York state and local police\nand fire retirement system, the New York city employees' retirement\nsystem, the New York city teachers' retirement system, the New York city\nboard of education retirement system, the New York city police pension\nfund, or the New York city fire department pension fund.\n 2. Notwithstanding any other provision of law, any person other than a\nretiree of a public retirement system, who previously was a member of a\npublic retirement system and whose membership in such public retirement\nsystem ceased by reason of (i) insufficient service credit, (ii)\nwithdrawal of accumulated contributions, or (iii) withdrawal of\nmembership, upon rejoining such public retirement system or another\npublic retirement system, shall be deemed to have been a member of his\nor her current retirement system during the entire period of time\ncommencing with and subsequent to the original date of such previous\nceased membership, provided that such person (a) makes application\ntherefor to the administrative head of his or her current public\nretirement system, and (b) repays the amount refunded, if any, at the\ntime such previous membership ceased, together with interest at the rate\nof five percent per annum compounded annually from the date of such\nrefund through the date of repayment. Upon such reinstatement of date of\nmembership, such member shall be entitled to all the rights, benefits\nand privileges to which he or she would have been entitled had his or\nher current membership begun on such original date of membership except\nthat, solely for the purposes of granting retirement credit to members\nof a public retirement system other than the New York city teachers'\nretirement system for service credited during such previous ceased\nmembership where such was in a public retirement system other than the\nmember's current retirement system, such previously credited service\nshall be deemed to be prior service, not subsequent service.\nFurthermore, any such member whose original date of membership was prior\nto July first, nineteen hundred seventy-three shall be entitled to all\nthe rights, benefits and privileges to which he or she would have been\nentitled had he or she been in active service on June thirtieth,\nnineteen hundred seventy-three. Any contribution made to the public\nretirement system pursuant to article fourteen or fifteen of this\nchapter by a member who rejoined his or her current system on or after\nJuly twenty-seventh, nineteen hundred seventy-six shall not be refunded.\n 3. Anything in this section to the contrary notwithstanding, any\nmember or retiree of a public retirement system who, prior to\nreinstatement to an original date of membership prior to the\ntwenty-seventh day of July, nineteen hundred seventy-six, had obtained\ncredit for previous service from such system pursuant to article\nfourteen or fifteen of this chapter shall be entitled to have any\namounts paid by such member to such system for the purposes of obtaining\nsuch credit refunded to such member with interest at the rate of five\npercent per annum from the date of the last payment to such system.\n 4. The provisions of this article shall be applicable to a person who\nis, on the date this article becomes effective, or who subsequent to\nsuch date becomes, a member of a public retirement system.\n