NY Ret & SS L § 1000 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 20 - Credit for Military Service Rendered During Periods of Military Conflict 1000 - Military Service Credit.

§  1000.  Military  service  credit.  Notwithstanding  any  law to the   contrary, a member of a  public  retirement  system  of  the  state,  as   defined  in subdivision twenty-three of section five hundred one of this   chapter,  shall  be  eligible  for  credit  for  military   service   as   hereinafter provided:1.  A member, upon application to such retirement system, may obtain a   total not to exceed three years of service credit for up to three  years   of  military  duty, as defined in section two hundred forty-three of the   military law, if the member was honorably discharged from the military.2. A member must have at least five years  of  credited  service  (not   including  service  granted  hereunder) to be eligible to receive credit   under this section.3. To obtain such credit, a member shall pay such  retirement  system,   for deposit in the fund used to accumulate employer contributions, a sum   equal  to  the  product of the number of years of military service being   claimed and three percent of such member's  compensation  earned  during   the  twelve  months  of  credited service immediately preceding the date   that the member made application for credit pursuant to this section. If   permitted by rule or regulation of the applicable retirement system, the   member may pay such member costs by payroll deduction for a period which   shall not exceed the time period of  military  service  to  be  credited   pursuant  to  this  section. In the event the member leaves the employer   payroll prior to completion of payment, he  or  she  shall  forward  all   remaining  required  payments to the appropriate retirement system prior   to the effective date of retirement. If the full amount of  such  member   costs  is  not  paid  to  the appropriate retirement system prior to the   member's  retirement,  the  amount  of   service   credited   shall   be   proportional  to  the  total  amount  of  the  payments  made  prior  to   retirement.4. In no event shall the credit granted pursuant to this section, when   added to credit granted for military service with any retirement  system   of  this  state pursuant to this or any other provision of law, exceed a   total of three years.5. To be eligible to receive credit for military  service  under  this   section,  a  member  must  make  application  for such credit before the   effective date of retirement.6. All costs for  service  credited  to  a  member  pursuant  to  this   section,  other  than the member costs set forth in subdivision three of   this section, shall be  paid  by  the  state  and  all  employers  which   participate  in  the  retirement  system in which such member is granted   credit.7. A member who has purchased  military  service  credit  pursuant  to   section  two  hundred forty-four-a of the military law shall be entitled   to a refund of the difference between the amount paid by the member  for   such  purchase  and the amount that would be payable if service had been   purchased pursuant to this section.8. Notwithstanding any other provision of law, in the event  of  death   prior  to  retirement,  amounts  paid  by the member for the purchase of   military service credit pursuant to this section shall be refunded, with   interest, to the extent the military service purchased with such amounts   does not produce a greater death benefit than would  have  been  payable   had the member not purchased such credit.Notwithstanding   any   other  provision  of  law,  in  the  event  of   retirement, amounts paid by the member  for  the  purchase  of  military   service  credit  pursuant  to  this  section  shall  be  refunded,  with   interest, to the extent the military service purchased with such amounts   does not produce a greater retirement allowance  than  would  have  been   payable had the member not purchased such credit. 9.  Anything  to  the  contrary  in  subdivision three of this section   notwithstanding, to obtain such credit,  a  member  who  first  joins  a   public  retirement  system  of  the  state  on or after April first, two   thousand twelve shall pay such retirement system,  for  deposit  in  the   fund  used  to  accumulate  employer  contributions,  a sum equal to the   product of the number of years of military service being claimed and six   percent of such member's compensation earned during the twelve months of   credited service immediately preceding the date  that  the  member  made   application for credit pursuant to this section.