2006 New York Code - Allowance Of Service Preceding Renewal Membership.

 
    §  13-108  Allowance  of  service preceding renewal membership. 1. Any
  member in city-service who shall file with the retirement system a  duly
  executed application for service credit and consent to deductions herein
  described,  and  from  whose  compensation  deductions  shall be made at
  double his or her normal rate per centum of contribution and paid to his
  or her credit in  the  annuity  savings  fund,  shall  be  credited,  in
  addition  to  any other service creditable to such member, with a period
  of city-service  previous  to  the  beginning  of  his  or  her  present
  membership  equal  to the period throughout which such double deductions
  shall be made but not in excess of city-service rendered by him  or  her
  between  his  or  her  first  day  of  eligibility  to membership in the
  retirement system and the day he or she last became a member.  A  member
  may, at any time, by single payment of the sum of the remaining payments
  purchase  the  remaining  unpurchased service credit. Credit for service
  acquired under this section shall be used only in determining the amount
  of any benefit. Eligibility for benefit shall in each case be based upon
  credited member-service rendered after membership last began  and  shall
  be  exclusive  of  service  credit  purchased  under  this  section. The
  provisions of this section shall not apply  to  service  for  which  the
  privilege  of  membership  in  a retirement system with transfer to this
  retirement system under section forty-three of the retirement and social
  security law is or has been available to the member except that it shall
  apply to service as a member of the legislature of the state of New York
  while representing a senate or assembly  district  situated  within  the
  city  of  New  York  claimed  under this section before the first day of
  January, nineteen hundred fifty-nine and excepting that a member who was
  a veteran of world war I who had New York state service within  the  ten
  years  succeeding  nineteen  hundred twenty-five, succeeded by a greater
  amount of allowable  city-service,  may  be  credited  with  such  state
  service  upon  such  filing  and  consent  before the first day of July,
  nineteen hundred forty-nine and on the  completion  of  contribution  as
  required  herein  for  the  crediting  of  a  like  amount of pre-member
  city-service.
    2. Any right to service and  benefit  heretofore  validated  shall  be
  unaffected by the amendments effectuated by this section.
    3.  (a)  Notwithstanding  any  provision  of  subdivision  one of this
  section or any other provision of law to the contrary, in any case where
  an application for service credit and consent  to  deductions  is  filed
  pursuant  to  subdivision  one  of this section by a transit twenty-year
  plan member (as defined in subdivision sixty-one of  section  13-101  of
  this  chapter)  and  at  the  time of the filing of such application and
  consent, such member is relieved pursuant to subdivision  l  of  section
  13-161  of  this  chapter  from  making  contributions,  the purchase of
  service credit by such member under such application shall be  governed,
  while  he  or  she  remains  a  transit  twenty-year plan member, by the
  provisions of subdivision one of this section, except that  in  relation
  to  such  purchase  by  such  member,  such provisions shall be read and
  construed as they would be if the word "double" were omitted therefrom.
    (b) In any case  where  a  purchase  of  service  credit  pursuant  to
  subdivision  one  of  this  section is begun by a member who is not then
  relieved, pursuant to such subdivision l, from making contributions, and
  while such purchase is in process, such member becomes so relieved,  the
  rights and obligations of such member with respect to completion of such
  purchase, shall, on and after the date as of which he or she is first so
  relieved,  be  governed  by  the  provisions  of  paragraph  (a) of this
  subdivision.