New York Retirement and Social Security Code § 41

Allowances for service
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§ 41. Allowances for service. a. Generally. Subject to all provisions\nof law appertaining thereto and to such reasonable rules and regulations\nas the comptroller shall adopt or amend in pursuance thereof, he shall\ndetermine and may modify allowances for service and shall issue prior\nservice certificates and certificates for service in war after world war\nI. The comptroller, however, shall not allow more than one year of\ncredit for all service rendered in any calendar year.\n  b. Allowable service. Only the following types of service shall be\nallowable in computing service credits:\n  1. Government service.\n  2. Prior city and county service rendered in a city of the state or in\na county within the boundaries of such city, if such city has a pension\nsystem allowing credit for prior state and county service.\n  3. Prior service rendered to an employer before the latter became a\nparticipating employer. Such credit shall be allowable immediately upon\nsuch employer's becoming a participating employer. The employer for whom\nthe member is working at the time such prior service credit is allowed,\nshall pay the contribution required to be made by an employer on account\nof such credit.\n  4. Civil service in any capacity as an officer or employee of the\nfederal government, or military duty in the armed forces of the federal\ngovernment and not otherwise creditable, rendered or performed by a\nmember prior to the time he last became a member. The allowance of\ncredit for such service shall be conditioned upon the receipt by the\nretirement system of all the payments required to be made on account\nthereof by section forty-two of this article.\n  5. Civil service rendered as an officer or employee of the federal\ngovernment as provided in subdivision d or paragraph four of subdivision\nc of section forty of this article. The allowance of credit for such\nservice shall be conditioned upon the receipt by the retirement system\nof all the payments required to be made on account thereof by section\nforty-two of this article. Except as so provided, employment by the\nfederal government shall not entitle a person to contribute to the\nretirement system during the period of such employment.\n  6. Any member may obtain credit for any allowable service:\n  (a) For which he made contributions, regardless of whether such\ncontributions were returned to him when he left such service, or\n  (b) Rendered by him while not a member of any retirement system that\nis actuarially sound and of which the state or municipality thereof is a\ncontributor, provided he makes the contributions required by this\narticle for such credit and renders at least two years of member service\nafter he last became a member.\nNo credit shall be allowed for service if, but for the member's failure\nto avail himself of the privilege of transfer within the time and in the\nmanner provided in section forty-three of this article, credit for such\nservice could have been obtained upon transfer from another retirement\nsystem pursuant to such section.\n  c. Purchase of previous member service credit.\n  1. A member who has not previously been a member may purchase credit\nat any time for all allowable member service; provided, however, that a\nmember joining the system pursuant to paragraph nine of subdivision c of\nsection forty of this article shall not be permitted to purchase credit\nfor, or otherwise be allowed credit for the previous service upon which\nhis retirement or pension from another pension or retirement system is\nor would be based. In order to purchase credit, which may be purchased\npursuant to this paragraph, the member shall pay into the annuity\nsavings fund, either in a lump sum or in installments, a sum equal to\nthe amount which would have been in such fund to his credit had he\nactually been a member contributing thereto during the entire period of\nsuch previous member service. If such payment be made in installments,\nthe same shall be paid

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