Section 802. Credit for previously credited service  


Latest version.
  • 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.