NY Ret & SS L § 902 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 19 - Benefit Enhancements 902 - Benefit Enhancements.

§  902.  Benefit  enhancements.  a. 1. An eligible employee (i) with a   date of membership in a retirement system prior to July  twenty-seventh,   nineteen  hundred  seventy-six  and (ii) who was in active service as of   April first,  nineteen  hundred  ninety-nine  and  continued  in  active   service  with  a  public employer up to and including (A) October first,   two thousand or,  if  earlier,  (B)  the  eligible  employee's  date  of   retirement or death, if applicable, (but no earlier than June first, two   thousand)  shall  receive one-twelfth of a year of additional retirement   credit for each year of retirement credit for service rendered as of the   date of retirement or death, if applicable, up to a maximum of two years   of   retirement   credit.   Anything   in   the    preceding    sentence   notwithstanding,  a  member  of  the New York state teachers' retirement   system  with  a  date  of  membership  in  such  system  prior  to  July   twenty-seventh,  nineteen  hundred  seventy-six (other than a member who   has not rendered at least twenty days of credited service  in  any  plan   year  beginning on or after July first, nineteen hundred ninety-two) who   retires or dies, if applicable, on or after  June  first,  two  thousand   shall  be  entitled to receive the additional retirement credit provided   for in such sentence from such system.2. The additional retirement service credit provided for in  paragraph   one  of  this subdivision shall not apply to (i) an employee who retires   under a retirement plan which allows all members of such  plan,  without   regard  to  position, a twenty year service retirement without regard to   age or to (ii) an employee who retires under  a  retirement  plan  which   allows  for  twenty-five  year  service retirement without regard to age   when it has been determined that the criminal  law  enforcement  service   creditable  for  such  employee  is in the aggregate more than fifty per   centum for duties not as a correction officer.3.  Notwithstanding  any  other  provision  of  law,  if  the  service   retirement  benefit  of  an  eligible  employee  is subject to a maximum   retirement  benefit,  the  additional   benefit   authorized   by   this   subdivision  shall  be  computed by multiplying the final average salary   times the number of years of service credit granted by this  subdivision   times the benefit fraction of the plan under which the employee retires.b.  1.  An  eligible  employee  (i)  with  a  date  of membership in a   retirement system on or  after  July  twenty-seventh,  nineteen  hundred   seventy-six and before January first, two thousand ten, and (ii) who has   ten or more years of membership or ten or more years of credited service   with  a  retirement  system  under the provisions of article fourteen or   fifteen of this chapter  shall  not  be  required  to  contribute  to  a   retirement  system  pursuant  to  section  five hundred seventeen or six   hundred thirteen of this chapter as of the cessation date.2. No contribution made to a retirement system by an eligible employee   prior to the eligible  employee's  cessation  date  shall  be  refunded,   except as otherwise allowable pursuant to article fourteen or fifteen of   this chapter.3.  Nothing  in  this  subdivision  shall  affect the obligation of an   eligible  employee  to  repay  any  contributions  previously   refunded   pursuant  to article fourteen or fifteen of this chapter with applicable   interest pursuant to section six hundred forty-five of this  chapter  in   the  event  such  person  rejoins  a  retirement system. Nothing in this   subdivision shall affect the obligation of an eligible employee  to  pay   such  amounts  as may be required by section five hundred seventeen, six   hundred nine or six hundred thirteen of this chapter  or  by  any  other   provision of law for service rendered prior to such employee's cessation   date or for service rendered prior to such employee's date of membership   at a time such employee was not a member of a retirement system. c. The benefit enhancements provided for in this section shall be made   available  to  all  eligible  employees of a participating employer in a   retirement system.