New York § 802 Credit for previously credited service

New York Statutes

§ 802 — Credit for previously credited service

New York § 802

Law RSSRetirement & Social Security

Art. 18Provisions Generally Applicable to Public Retirement Systems

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N.Y. Retirement & Social Security § 802 (2026).

Text

§ 802. Credit for previously credited service.

a.Notwithstanding any\nineligibility to obtain credit by reason of a failure to transfer\nmembership in a public retirement system pursuant to any applicable law,\nretirement credit shall be granted for service which predates the date\nof membership in a public retirement system after a member has rendered\nfive years of credited service since last joining a public retirement\nsystem if:\n (1) such service is otherwise creditable; and\n (2) credit for such service had been granted by another public\nretirement system; and\n (3) such service is not currently credited in any other public\nretirement system or any public retirement system in another state or of\nthe federal government.\n b. Credit shall not be granted under this section u

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§ 802. Credit for previously credited service. a. Notwithstanding any\nineligibility to obtain credit by reason of a failure to transfer\nmembership in a public retirement system pursuant to any applicable law,\nretirement credit shall be granted for service which predates the date\nof membership in a public retirement system after a member has rendered\nfive years of credited service since last joining a public retirement\nsystem if:\n (1) such service is otherwise creditable; and\n (2) credit for such service had been granted by another public\nretirement system; and\n (3) such service is not currently credited in any other public\nretirement system or any public retirement system in another state or of\nthe federal government.\n b. Credit shall not be granted under this section unless such member:\n (1) files, prior to the effective date of retirement, a written\nrequest with the public retirement system from which credit is sought;\nand\n (2) deposits with such system, prior to the effective date of\nretirement or as such system may allow, the amounts required in order to\nobtain previous service credit under the member's current membership. If\nthe full amount of payment is not paid to such system, the amount of\nservice credited shall be proportional to the total amount of the\npayments made.\n c. The public retirement system may permit such member to pay such\ncontributions with interest in monthly installments equal or less in\nnumber to the number of months of previous service credit granted or as\nsuch system may allow. Upon retirement, such member shall not receive\ncredit for any service for which contributions are not paid as provided\nherein.\n d. The granting of previous service credit pursuant to this section\nshall not affect the individual's date of membership or tier status.\n e. This section shall not be construed to diminish, replace or\nconflict with any other statutory right to obtain credit for previous\nservice.\n