2010 New York Code
RSS - Retirement & Social Security
Article 18 - (800 - 808) PROVISIONS GENERALLY APPLICABLE TO PUBLIC RETIREMENT SYSTEMS
802 - Credit for previously credited service.

§ 802. Credit for previously credited service.  a. Notwithstanding any
  ineligibility  to  obtain  credit  by  reason  of  a failure to transfer
  membership in a public retirement system pursuant to any applicable law,
  retirement credit shall be granted for service which predates  the  date
  of  membership in a public retirement system after a member has rendered
  five years of credited service since last joining  a  public  retirement
  system if:
    (1) such service is otherwise creditable; and
    (2)  credit  for  such  service  had  been  granted  by another public
  retirement system; and
    (3) such service  is  not  currently  credited  in  any  other  public
  retirement system or any public retirement system in another state or of
  the federal government.
    b. Credit shall not be granted under this section unless such member:
    (1)  files,  prior  to  the  effective  date  of retirement, a written
  request with the public retirement system from which credit  is  sought;
  and
    (2)  deposits  with  such  system,  prior  to  the  effective  date of
  retirement or as such system may allow, the amounts required in order to
  obtain previous service credit under the member's current membership. If
  the full amount of payment is not paid to such  system,  the  amount  of
  service  credited  shall  be  proportional  to  the  total amount of the
  payments made.
    c. The public retirement system may permit such  member  to  pay  such
  contributions  with  interest  in  monthly installments equal or less in
  number to the number of months of previous service credit granted or  as
  such  system  may  allow. Upon retirement, such member shall not receive
  credit for any service for which contributions are not paid as  provided
  herein.
    d.  The  granting  of previous service credit pursuant to this section
  shall not affect the individual's date of membership or tier status.
    e. This section  shall  not  be  construed  to  diminish,  replace  or
  conflict  with  any  other statutory right to obtain credit for previous
  service.