21 CRR-NY 5001.7NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER LVIII. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
PART 5001. SERVICE CREDIT
21 CRR-NY 5001.7
21 CRR-NY 5001.7
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 Certificate of Release or Discharge from Active Duty, officially DD Form 214, generally referred to as a “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 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 12 months of credited service immediately preceding the date the member made application for credit shall be the compensation earned by the member during the plan year(s) during which the member most recently earned one year of credited service, beginning with the plan year last ending immediately prior to the date on which the member filed his or 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 shall request updated costs 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.
21 CRR-NY 5001.7
Current through June 30, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.