2023 New York Laws › RSS - Retirement and Social Security › Article 15-D - Benefits for Certain Members Who Re-Enter Public Service › 645 - Benefits for Certain Members Who Re-Enter Public Service.

§  645.  Benefits for certain members who re-enter public service.  1.
  As used in this article the term "public retirement system"  shall  mean
  the  New York state and local employees' retirement system, the New York
  state teachers' retirement system, the New York state and  local  police
  and  fire  retirement  system,  the  New York city employees' retirement
  system, the New York city teachers' retirement system, the New York city
  board of education retirement system, the New York city  police  pension
  fund, or the New York city fire department pension fund.
2. Notwithstanding any other provision of law, any person other than a
  retiree  of a public retirement system, who previously was a member of a
  public retirement system and whose membership in such public  retirement
  system  ceased  by  reason  of  (i)  insufficient  service  credit, (ii)
  withdrawal  of  accumulated  contributions,  or  (iii)   withdrawal   of
  membership,  upon  rejoining  such  public  retirement system or another
  public retirement system, shall be deemed to have been a member  of  his
  or  her  current  retirement  system  during  the  entire period of time
  commencing with and subsequent to the original  date  of  such  previous
  ceased  membership,  provided  that  such  person  (a) makes application
  therefor to the  administrative  head  of  his  or  her  current  public
  retirement  system,  and  (b) repays the amount refunded, if any, at the
  time such previous membership ceased, together with interest at the rate
  of five percent per annum compounded annually  from  the  date  of  such
  refund through the date of repayment. Upon such reinstatement of date of
  membership,  such  member  shall be entitled to all the rights, benefits
  and privileges to which he or she would have been entitled  had  his  or
  her  current membership begun on such original date of membership except
  that, solely for the purposes of granting retirement credit  to  members
  of  a  public  retirement  system other than the New York city teachers'
  retirement system for  service  credited  during  such  previous  ceased
  membership  where  such was in a public retirement system other than the
  member's current retirement system,  such  previously  credited  service
  shall   be   deemed   to  be  prior  service,  not  subsequent  service.
  Furthermore, any such member whose original date of membership was prior
  to July first, nineteen hundred seventy-three shall be entitled  to  all
  the  rights,  benefits and privileges to which he or she would have been
  entitled had he or  she  been  in  active  service  on  June  thirtieth,
  nineteen  hundred  seventy-three.  Any  contribution  made to the public
  retirement system pursuant  to  article  fourteen  or  fifteen  of  this
  chapter  by  a member who rejoined his or her current system on or after
  July twenty-seventh, nineteen hundred seventy-six shall not be refunded.
3. Anything in this  section  to  the  contrary  notwithstanding,  any
  member   or  retiree  of  a  public  retirement  system  who,  prior  to
  reinstatement  to  an  original  date  of  membership   prior   to   the
  twenty-seventh  day  of July, nineteen hundred seventy-six, had obtained
  credit for  previous  service  from  such  system  pursuant  to  article
  fourteen  or  fifteen  of  this  chapter  shall  be entitled to have any
  amounts paid by such member to such system for the purposes of obtaining
  such credit refunded to such member with interest at the  rate  of  five
  percent per annum from the date of the last payment to such system.
4.  The provisions of this article shall be applicable to a person who
  is, on the date this article becomes effective,  or  who  subsequent  to
  such date becomes, a member of a public retirement system.