Part 5002 - Credit For Prior/Previous Service

Section 5002.2 - Special Rules and Regulations Pertaining to Members With a Date of Membership After June 30, 1973, But Before July 27, 1976, Interpreting Subdivision B of Section 446 of the Retirement and Social Security Law 

(a) Credit for service which predates the date of entry into the System may be granted without the member being required to render a minimum of five years of credited service after July 1, 1973, provided such service is otherwise creditable, and either:

1. was rendered by an employee during which employment he became a member of the System; or
2. was rendered by an employee during which employment he was ineligible to join a public retirement system.

(b) Service rendered by an employee during which employment he became a member of the System shall be defined as follows:

1. Previous service which was rendered by an employee during which employment he became a member of the System shall mean continuous employment with the same employer during which he joined the System.
2. Previous service as an itinerant substitute teacher on a day-to-day basis shall be considered as separate employment for each day of such service.

(Statutory authority: Education Law, §509; Retirement and Social Security Law, §§446, 513, 609; L. 1975, ch. 769)