N.Y. Comp. Codes R. & Regs. tit. 21 § 5001.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5001.8 - Determination of attainment of 10 years of credited service for the purposes of cessation of regular three percent contributions of a member with a membership date on or after July 27, 1976 but before January 1, 2010

(a) This section implements article 19 of the Retirement and Social Security Law, as amended by chapter 110 of the Laws of 2000, with respect to the cessation of regular three percent member contributions by a member with a membership date on or after July 27, 1976 but before January 1, 2010 by prescribing how the system shall determine when members have attained 10 years of credited service in cases where members are eligible to purchase credit for prior service.

(b) Subject to subdivisions (c) and (d) of this section, no prior service may be taken into account for the purposes of article 19 unless and until it has been paid for by the member.

(c) If, at the beginning of a plan year, a member has prior service which, together with the service credited to the member as of the beginning of such plan year, would give the member at least 10 years of credited service, the member shall be deemed to have attained 10 years of credited service as of the beginning of such plan year, provided the member shall have claimed and paid for such prior service no later than the end (June 30th) of such plan year. For example, a member has eight years of credited service at the beginning of a plan year and has the right to purchase up to three years of credit for prior service. If the member claims and pays for at least two years of credit for prior service by the end of the plan year, the member will be deem to have attained 10 years of credited service at the beginning of the plan year. If the member fails to claim and pay for at least two years of prior service by the end of the plan year, the foregoing rule will not apply.

(d) If, at the beginning of a plan year, a member has prior service which, together with the service already credited to the member at the beginning of a plan year and any service credited to the member during such plan year, would give the member 10 years of credited service at a point in time during such plan year, the member shall be deemed to have attained 10 years of credited service at such point in time during such plan year, provided the member shall have claimed and paid for such prior service no later than the end (June 30th) of such plan year. For example, a member has eight years and five months of credited service at the beginning of a plan year and has the right to purchase up to three years of credit for prior service. The member renders a full year of credited service during the plan year. The member claims and pays for one year of credit for prior service by the end of the plan year. The member will be deemed to have attained 10 years of credited service at the point in the plan year when the member rendered four months of credited service for that plan year.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5001.8