§ 645. Benefits for certain members who re-enter public service. 1.
As used in this article the term "public retirement system" shall mean
the New York state and local employees' retirement system, the New York
state teachers' retirement system, the New York state and local police
and fire retirement system, the New York city employees' retirement
system, the New York city teachers' retirement system, the New York city
board of education retirement system, the New York city police pension
fund, or the New York city fire department pension fund.
2. Notwithstanding any other provision of law, any person other than a
retiree of a public retirement system, who previously was a member of a
public retirement system and whose membership in such public retirement
system ceased by reason of (i) insufficient service credit, (ii)
withdrawal of accumulated contributions, or (iii) withdrawal of
membership, upon rejoining such public retirement system or another
public retirement system, shall be deemed to have been a member of his
or her current retirement system during the entire period of time
commencing with and subsequent to the original date of such previous
ceased membership, provided that such person (a) makes application
therefore to the administrative head of his or her current public
retirement system, and (b) repays the amount refunded, if any, at the
time such previous membership ceased, together with interest at the rate
of five percent per annum compounded annually from the date of such
refund through the date of repayment. Upon such reinstatement of date of
membership, such member shall be entitled to all the rights, benefits
and privileges to which he or she would have been entitled had his or
her current membership begun on such original date of membership except
that, solely for the purposes of granting retirement credit to members
of a public retirement system other than the New York city teachers'
retirement system for service credited during such previous ceased
membership where such was in a public retirement system other than the
member's current retirement system, such previously credited service
shall be deemed to be prior service, not subsequent service.
Furthermore, any such member whose original date of membership was prior
to July first, nineteen hundred seventy-three shall be entitled to all
the rights, benefits and privileges to which he or she would have been
entitled had he or she been in active service on June thirtieth,
nineteen hundred seventy-three. Any contribution made to the public
retirement system pursuant to article fourteen or fifteen of this
chapter by a member who rejoined his or her current system on or after
July twenty-seventh, nineteen hundred seventy-six shall not be refunded.
3. Anything in this section to the contrary notwithstanding, any
member or retiree of a public retirement system who, prior to
reinstatement to an original date of membership prior to the
twenty-seventh day of July, nineteen hundred seventy-six, had obtained
credit for previous service from such system pursuant to article
fourteen or fifteen of this chapter shall be entitled to have any
amounts paid by such member to such system for the purposes of obtaining
such credit refunded to such member with interest at the rate of five
percent per annum from the date of the last payment to such system.
4. The provisions of this article shall be applicable to a person who
is, on the date this article becomes effective, or who subsequent to
such date becomes, a member of a public retirement system.