N.Y. Comp. Codes R. & Regs. tit. 21 § 5001.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 5001.7 - Credit for military service rendered during periods of military conflict

(a) This section implements section 1000 of the Retirement and Social Security Law providing for retirement credit for military service rendered by members and eligible retired members during periods of military conflict.

(b) No claim for retirement credit under section 1000 shall be deemed filed with the system until the member or retiree of the system has filed a form DD-214 or equivalent documentation with respect to the military service being claimed. However, a member or retiree shall be deemed to have filed a claim for retirement credit as of the effective date of section 1000 if such member or retiree has on file with the system on the effective date of section 1000 a form DD-214 or equivalent documentation which covers the military service for which retirement credit may be granted under section 1000.

(c) For purposes of determining the cost to be paid by the eligible member for such credit, the member's compensation earned during the twelve months of credited service immediately preceding the date that the member made application for credit shall be the compensation earned by the member during the plan year or plan years during which the member most recently earned one year of credited service, beginning with the plan year (July 1-June 30) last ending immediately prior to the date on which the member filed his/her application for military service credit and working backwards from the end of such plan year. In the case of a retiree eligible to obtain military credit under section 1000, the 12 month period immediately preceding retirement shall be the period during which the member last accrued one year of credited service beginning from the plan year last ending immediately prior to the member's date of retirement and working backwards from the end of such plan year. Compensation for the purposes of section 1000 shall be salary earned as defined in section 5001.1(f) of this Part.

(d) An eligible member or retiree shall pay the cost of retirement credit no later than the end of the plan year following the plan year in which the system bills the member for such cost. Otherwise, the application for retirement credit shall be deemed to have been abandoned and such member or retiree must file a new application to the system in order to obtain credit for such service.

(e) In the event a member is not able to benefit from any retirement credit purchased pursuant to section 1000, the cost for such credit shall be refunded to such member at retirement or death with interest at the rate of five percent per annum.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5001.7