Section 11: Military Service

Introduction | Section 243 of the Military Law  | Federal Reemployment Act Chapter 548 of the Laws of 2000 | Chapter 326 of the Laws of 2005
Table of Contents

Introduction

A member may currently receive credit for military service under Section 243 of the Military Law and the Federal Veterans Reemployment Rights Statute. A member who qualifies for credit under more than one provision will receive credit under the one with the lowest cost.

Military service credit may generally be claimed simply by sending a letter to the Retirement System; however, the claim must be made while the membership is active. The member's military documentation must be provided in order for credit to be granted.

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Section 243 of the Military Law

The following conditions must be satisfied in order for a member to purchase military service credit under Section 243 of the Military Law:

1. The military service must be active service as a member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, the National Guard, the United States Public Health Service as a commissioned officer, the American Red Cross while with the armed forces of the United States on foreign service, the special service section of the United States armed forces on foreign service or the Merchant Marine.
2. The military service must be rendered subsequent to July 1, 1940, and must not be service voluntarily entered upon between January 1, 1947 and June 25, 1950.
3. The claimant must be a teacher in the public schools of New York State and a member of the New York State Teachers' Retirement System at the time of entry into military service.
4. The claimaint must must return to public school teaching within five years after the date of honorable discharge and make the following payments within five years of return to public school teaching:
   1. The amount the member would have contributed had the employment been continuous during the period of military service. This payment is waived for Tier 3 or 4 members called to active duty on or after August 1, 1990, and prior to January 1, 1993.
   2. If the claimant did not have an employer during such period of military service, the claimant must also pay the amount the employer would have contributed to the System had employment been continuous during such period.
5. A member who had been granted credit for military service and whose membership in the System has subsequently ceased because of withdrawal will be entitled to the same credit for military service upon rejoining the System that s/he was credited with upon termination of membership in the System. The credit will not be allowed until the member claims and pays for all prior teaching service credited at the time of termination of membership in the System.

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Federal Reemployment Act

The following conditions must be satisfied in order for a member to purchase military service credit under the Federal Reemployment Act.

1. The military service must be active service as a member of the Armed Forces of the United States.
2. Generally, the member must have been a member of this System and a teacher in a position other than a temporary or substitute position at the time of entry into the military.
3. Generally, service crediting under this law is limited to four years but in no event can it exceed the "longevity for net pay purposes" indicated on the member's military document.
4. The member must have returned to teaching with one of our participating employers by the September following the date of discharge.
5. The member must have been given an honorable discharge.
6. a . There is no cost for Tier 1 or 2 members.
   b. A Tier 3 or 4 member is required to pay 3% of the salary s/he would have received during the years for which s/he is receiving military service credit, plus interest.

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Chapter 548 of the Laws of 2000

Chapter 548 of the Laws of 2000 allows active members and members retired on or after December 21, 1998, to purchase up to three years of credit for active duty if the member was not a teacher upon entry into the military. Total credit under this law cannot exceed 3 years. To be eligible to receive credit for your military service, you must have:

Served during the following military periods:

• World War II (12/7/1941 – 12/31/1946)
• Korean Conflict (06/27/1950 – 01/31/1955)
• Vietnam Era (02/28/1961 – 05/07/1975)

Or received the Armed Forces, Navy or Marine Corps Expeditionary Medal in:

• Lebanon (06/01/1983 – 12/01/1987)
• Grenada (10/23/1983 – 11/21/1983)
• Panama (12/20/1989 – 01/31/1990)

Or served in the theater of operations in the:

• Persian Gulf War (08/02/1990 – present)

The cost of this benefit is 3% of the salary in the 12 months immediately preceding the date the cost is calculated for each year of credit.

For members who retired on or after December 21, 1998, the cost for this benefit is 3% of your salary in the 12 months immediately preceding your date of retirement for each year of credit.

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Chapter 326 of the Laws of 2005

The member must be called to active duty on or after September 11, 2001 and prior to January 1, 2006.

There is no cost for all tiers. Mandatory membership contributions for Tier 4 members are still required after the military period if the member has not qualified under Article 19.

The total service that interrupts membership service cannot exceed 5 years.

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