If you served in the U.S. Armed Forces, you may be eligible to buy back up to three years of active service credit. Because service credit is a factor in calculating a NYSLRS pension, in most cases buying military service credit will increase your pension.
To be eligible, veterans must:
- Have been honorably discharged;
- Have at least five years of credited service in the Retirement System;
- Have not received credit for this service in any other public retirement system in New York State; and
- Apply for and purchase military service credit before they retire.
How to Apply for Military Service Credit
To apply and request a cost for military service credit:
1. Fax your name, contact information and a copy of your DD-214 to 518-486-6405 or 518-402-7799;
or
2. Mail a letter with your name and contact information, and a photocopy of your DD-214, to:
Military Service Unit
110 State Street
Albany, NY 12244-0001
If after reviewing your application we determine you are eligible, we will send you a letter that will tell you how much credit you are eligible to purchase and the cost. Most members in Tier 1, 2, 3 or 4 can use our online benefit projection calculator to see how the credit would impact your pension. Tier 5 and 6 members can get that information by calling 1-866-805-0990, or using our secure email form (www.emailNYSLRS.com).
For more information, visit the Military Service Credit page on our website.
I am in Tier 2 with 16 year in, I’m also retirement Air Force Reserve with 20 years in, if I buy back time after 17 years will that equal to 20 year as a Tier 2 employee?
NYSLRS members who served in the U.S. Armed Forces may be eligible to purchase credit for up to three years of military service. There are different sections of the law that allow credit for military service. If you are eligible, military service credit can help you reach retirement milestones such as qualifying for a better retirement benefit calculation.
For more information about and how to apply, please visit our Military Service Credit page.
I am a tier 4 member at age 55. I had bought back 3 yrs of military service. At 27 yrs of service in the NYSLRS, will that give me 30 yrs to retire. With no penalties or subject to reductions
That is correct. A Tier 4 member with 30 years of service credit can retire at 55 with no benefit reduction. If you have purchased credit for three years of military service, that service credit can be used to reach the 30-year milestone.
You can sign in to your Retirement Online account to see your estimated total service credit and use our online benefit calculator to estimate your pension.
For account-specific questions, please email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.
I was discharged with general under honorable conditions and was denied the military buy back program.
Federal law classifies general under honorable conditions under the umbrella of honorable discharges. See section 22A2.2
https://www.opm.gov/retirement-services/publications-forms/csrsfers-handbook/c022.pdf
Please advise
For specific questions about the crediting of military service credit, please send an inquiry using the secure email form on our website.
Above link no longer works. My wife was with the Army national guard and they provide a NGB 22 and not DD 214.
How do we go about using that?
We apologize for the confusion. You can send your questions about military service credit using our secure contact form at http://www.emailNYSLRS.com.
Can a military buyback change the their im in? Example going from tier 6 to tier 4?
No, purchasing military service credit will not change your membership date or tier.
Good luck trying. I went through the whole hearing process and got nowhere. Contacted politicians, again with no luck. The examiner used an old case referring to the definition of “honorable”. I am now retired and lost out adding to the 33 years of state service. I personally think it’s a joke. It’s all about the money. The funny thing is that NYC allows the General discharge. I was able to get veteran status on my license with ease for discounts but that’s about it. I guess the politicians relative will have to apply before anything gets passed for us.
You should contact the VA and request an upgrade of your Discharge. You should be able to find the instructions just by googling Military Discharge Upgrade.
I mean payments not accepted unless vested
if I just started in tier 6 last year can I work 7 years and buy back 3military years to get me vested for 10 years.? It notes payments not excepted unless vested? How can I buy back to get vested if they won’t take payments until vested?
Tier 6 members become vested after 10 years of service. You do not have to be vested to purchase credit for military service, but we do not accept payments from members who are off the payroll of a participating employer and are not vested.
You do need to have at least five years of credited service in the Retirement System before you can purchase military service credit, and that credit can help you reach retirement milestones such as vesting. For more information, you can contact one of our customer representatives at 1-866-805-0990.
I’m in teir 2 and I plan on buying back 3 years of military service credit. I am aware that it is 3% of current salary. Is it your base salary or salary including overtime?
The cost will be 3 percent of your earnings during the year of credited service immediately before we receive your request.
For additional clarification, please email our customer service representatives using the secure email form on our website.
have their been any lawsuit from those that served but retired before 2016 to be eligible.
Unfortunately, we have no information that would help answer your question.
I received my payment options to buy back my military time, if i choose to have money taken from my check, is it once a month? The paperwork says per pay period, which for me is every 2 weeks, but doing the math it would be once a month , just wanted to verify this, been trying to call for a week, must have wrong number or something,
We’re sorry you could not reach us. Your message is important to us and we have sent you a private message in response.
We’ve been informed that a NYSLRS customer service representative contacted you. We’re glad they were able to help.
How do you qualify for not paying back 3% of your income to receive 3 years of credit … compared to paying 3%……. I haven’t found any information on how to qualify for that yet
Whether there is a cost to purchasing credit for military service depends on a number of factors, including what section of law your service is covered under. Visit our Military Service Credit page for more information.
To get the account-specific information you need, please email our customer service representatives using the secure form on our website (http://www.emailNYSLRS.com). Please let them know the dates you served, and if you have it available, you can attach a copy of your DD214 to the email. One of our representatives will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.
Can the military time change the tier that you retire in? For example, I am tier 6 and have three years active duty ARMY–will the time be used to back date my “start date” and feasibly change my retirement tier?
In order to change to an earlier tier, you must have joined a public retirement system during an earlier tier. While military service credit would most likely increase your pension benefit (pension benefits are generally based, in part, on the total years of service credit that you have) military service cannot be used to change your tier.
Good evening, regarding the military buy back program. I’m currently a NYS employee and I was activated as a New York National Guard soldiers.
I was State Active Duty in New York State in response to the threat of terrorism, after September 11, 2001. Section 6 (State Active Duty), 242 (State and Local Government employees).
As National Guard soldiers, we don’t receive a DD-214 as a proof of State Active Duty. But we do have additional documents (Memorandums/ pay stubs) as prove of service.
Can we buy these years of service to increase our pension, if we served State Active Duty before and while we are currently serving as a New York State employee?
We suggest that you email your question to our customer service representatives using our secure email form (see link below). One of our representatives will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.
http://www.emailNYSLRS.com
I’m in a similar situation and was wondering if you received any new information on being able to use the S.A.D. years as proof of service for the buy back program.
We suggest that you email your question to our customer service representatives using our secure email form. One of our representatives will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.
Good morning Joe, I am in the same dilemma as you. Did you ever get an answer regarding your military buy back ? I’d appreciate a response, its been very frustrating dealing with the State retirement.
We suggest that you email your question to our customer service representatives using our secure email form. One of our representatives will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.
I have a hearing at the end of February. I just contacted NYCERS today and they are allowing a General Under Honorable Conditions discharge. Form #244. I have printed out the legislation that was passed to amend military buy back for all veterans, which includes NYCERS employees. If they are allowed to buy back with the GUHC discharge and I am not, I can certainly see a discrimination lawsuit against the state.
so what is you’re hearing out come
I am still waiting on a decision. They kept the application from NCYERS for military buyback as evidence. I may have more work to do. I should have had a statement from NYCERS stating they accept the General Under Honorable discharge. Me just saying I got a verbal conformation didn’t exactly impress the judge. I have an email to the NYC comptroller regarding it and I am waiting for a response on that too.
has anyone contacted a veteran law clinic pro bono about this matter
Any update on this? thx…
I am still waiting on a decision. The one thing that should make it a slam dunk is the fact that the attorney for the state and I both cited the list of discharges that can be obtained. She and I both stated after an honorable and a general under honorable next discharge is OTH , other than honorable. If that doesn’t make a statement I don’t know what does. I will keep you updated.
Any updates?
I was denied from the hearing officer. The decision was based on the word “Honorably” and the definition of the word in the Blacks military dictionary. Since I am now retired I am at a dead end. Just the way they wanted it. Still, it bothers the hell out of me that the third type of discharge is OTH, Other Than Honorable. Politicians are pretty useless as far as I am concerned. They just have their own agendas they worry about. Now I am at a crossroads, I either vote for democrats that I have voted for all my life, or I become a “Chumper” which I don’t see happening. I guess we will see in November.
https://www.opm.gov/retirement-services/publications-forms/csrsfers-handbook/c022.pdf
This government document spells out credible military service for credit for retirement. Unfortunately, the NYS legislators never read up to Page 8 which defines General Under Honorable as Honorable Active Service for veterans.
I had the NYCERS application as part of my evidence in my hearing. If you are part of the NYCERS system you are allowed because of it being stated on the application. That is what was stated to me. Getting around the definition of the word Honorably in the legislation is going to stop anyone from the NYS Retirement from ever buying back time. Good luck!
Thanks, Congratulations on your retirement but I am sorry that they denied your military buyback. Unfortunately, these decisions are left up to the people most of whom did not serve. I also think people should have banded together to bring a class action lawsuit against NYS Retirement for unjustly denying you and many others to buy back their military time, due to General Under Honorable discharges. I for one will leave this State as soon as I retire.
They told me I didn’t qualify because I wasn’t there but the unit’s were. I served from 78-85 and don’t get the benefit. How is that.?
The rules for crediting military service changed in 2016. We recommend emailing our customer service representatives using our secure email form, so they can review your account and answer your questions. Filling out the secure form allows us to safely contact you about your personal account information.
If you feel you should be eligible, you can attach a copy of your DD-214 form to your email as well.
For more information, visit our Military Service Credit page.
thank you for your service- not in new york-one of the worst states for veterans rights and privileges thanks to gov. (did not serve in military) cuomo
thank you for your service – not in new york – one of the worst states for veterans rights and privileges thanks to the gov. a guy who did not serve in the military
If you purchse the 3 years and then dont need to use them, can you get your money back?
If you purchase military service credit and that credit does not increase your benefit, NYSLRS will refund the cost plus interest.
You are showing me exactly what I am taking about in Section 1000. You are either discharged Honorably or Dishonorably. An Honorable discharge and General Under Honorable conditions are the only two that meet the phrase “Honorably”. That’s it, period! There doesn’t have to be new legislation because the wording is already there. I don’t understand what the confusion is.
Again, this is where we differ. It states Honorably, not have had an Honorable Discharge. It’s just like the state to make it unclear. Nowhere does it state that that it’s strictly for veterans with honorable discharges. A General Under Honorable conditions means it was satisfactory service. Please show me the legislation that specifically states an Honorable Discharge.
According to Section 1000 of the Retirement and Social Security Law, “A member, upon application to such retirement system, may obtain a total not to exceed three years of service credit for up to three years of military duty, as defined in section two hundred forty-three of the military law, if the member was honorably discharged from the military.”
I received a reply saying that my General Under Honorable discharge is not good enough. It makes me sick that I can get denied and the Governor can care more about the convicts. Letting them vote and allowing them on the street waiting for trial is just an example of how this state is going in the wrong direction. Here I have put together a 32 year career in a school system and all I want is to buy back my military time, it is a slap in the face. I have tried to contact Shumer, Hilibrand , and Santa Barbara and they are way too busy for even a response. I am a democrat and that may change soon. The assistant comptroller gets to play god on who can buy back time. No wonder everyone thinks the state is corrupt.
We’re sorry for your frustration.
There are several distinct discharges that may be listed on a veteran’s Certificate of Release or Discharge from Active Duty (DD-214): an honorable discharge, a general discharge under honorable conditions, a dishonorable discharge and others.
NYSLRS administers legislation and programs as they are signed into law. Unfortunately, the law specifically requires an honorable discharge in order to purchase military service credit.
To allow the purchase military service credit by veterans with a general discharge under honorable conditions, the State Legislature would need to pass a bill, and the Governor would need to sign it into law.
I’d like to know if I can buy back time from my 14 month deployment to Afghanistan. I was there from 2015 to 2016. In the Reserves for 6 years. I also have 5 months active duty time for BCT and AIT. I have over 15 years under the NYSLRS as a LEO with my Dept. I should have about a total of 18 months of military service I can buy back.
My Dept. will grant us 30 days of military credit a year while on active duty military deployment, drill or AT. After that we are taken off the books until we return from active duty. The start of the new year (January 1st) we get a refresh of 30 days of military credit.
If there’s a break in our pay due to military active duty service can we still buy all of that time back?
You can find general information on our Military Service Credit page.
However, for information about your specific circumstances, we recommend emailing our customer service representatives using our secure email form. One of our representatives will review your account to address your questions. Filling out the secure form allows us to safely contact you about your personal account information. Please allow five to seven business days for a response.
Has anything changed? I sent in my DD214 and was told that a general under honorable conditions was not acceptable. I disagree. I have sent in the proper paperwork to the Navy to try and get my discharge changed to honorable. I have not heard anything to date. I will be retiring in a few years and would like to buy back the time. Having to pay today’s prices, how does the state lose anyway.
Please send your question to our customer service representatives using our secure contact form (see link below). You can attach a copy of your Certificate of Release or Discharge from Active Duty (DD-214) to your email, and our staff can review your account and your DD-214 to let you know if you might be eligible. Please allow 5 to 7 days for a response.
http://www.emailNYSLRS.com/
I read that the new law indicates that the service member must have been honorably discharged. It does not indicate that the service member must have received an honorable discharge. I received a General Discharge Under Honorable Conditions. That is being discharged Honorably. There is a disposition of General Discharge with other than Honorable Conditions, that is not being discharged Honorably.
Please send your question to our customer service representatives using our secure contact form (http://www.emailNYSLRS.com). You can attach a copy of your Certificate of Release or Discharge from Active Duty (DD-214) to your email, and our staff can review your account and your DD214 to let you know if you might be eligible. Please allow 5 to 7 days for a response.
I am questioning the same thing. I also received A General under Honorable Conditions Discharge, and had several service awards. General under Honorable is the same thing as an Honorable Discharge. NYS Retirement should treat it the same way. I recently sent my paperwork in for credit, but have yet to receive a response.
Hey Paul. the NY City retirement system (NYCERS) clearly states under Honorable circumstances as being accepted. It follows New York State Military Law.
I think we have a good fight ahead.
Reply to me @ Malo912@aol.com or r.maldonado.ocfs.gov
So what happened Paul. Did they give you credit for Under Honorable Conditions?
Mr. Robert Maldonado
Any update on the under honorable issue? thx
Federal law classifies general under honorable conditions under the umbrella of honorable discharges. See section 22A2.2
https://www.opm.gov/retirement-services/publications-forms/csrsfers-handbook/c022.pdf
Good luck. I received a general under honorable active duty, then AFTER that served almost 25 years in the NY Army and Air Guard, highly decorated, honorable discharge (retired) 2 combat deployments to Afghanistan and guess what? No credit allowed for the active duty. I tried everything. Currently waiting on discharge upgrade review but that’s been 2 years and no answer yet.
Have you heard anything back on this??
I went through the entire process, hearing and all and was denied. I have been retired for 2 plus years now. Until the Comptroller has a family member that was discharged with the General Under Honorable Conditions nothing will change.
I retired in 2004 with military credits totaling 30 months, which I purchased, even though I served 36 months from Sept 60 to Sept 63. My question, am I eligible to purchase the additional 6 months? If yes, please send the necessary paper work. Thank you.
Unfortunately, you are not eligible to purchase service credit if you are already retired.
If you would like to find out why you did not receive credit for the full 36 months, you can email our customer service representatives using our secure email form, and one of our representatives can review your account to address your questions. Filling out the secure form allows us to safely contact you about your personal account information. Please allow five to seven business days for a response.
I put about 7 months in boot camp Army National Guard. How about my 1 weekend(2days) a month and 2 weeks during camp for my 6 years of service. Would I get credit for that?
Reserve and National Guard service may be allowable if you have active duty service (for example, if you were on active duty during your seven months in boot camp), have a DD-214 for the service, and meet eligibility requirements.
If you were not activated for your one weekend a month and two weeks annually, and do not have a DD-214 for those times, it likely will not be creditable.
Please visit our Military Service Credit page for more information about eligibility requirements and how to apply.
My DD214 for active duty has under under honorable conditions also served in the army national guard for 17 years with a honorable discharge. Also have 20 year letter. Would I be eligible for the buy back.
You may be eligible to receive up to three years of military service credit as long as you were honorably discharged, have at least five years of credited service in the Retirement System, have not received credit for this service in any other public retirement system in New York State, and apply for and purchase military service credit before you retire.
Please visit our Military Service Credit page for information about the cost and how to apply.
Can the purchased service credit be used to “accelerate” the date of retirement? In other words, if I have 18 years of service now and then purchase 3 years of Military Service Credit, will this allow me to retire now with 21 years of service?
Thank you
Military service credit can be used to reach retirement milestones, such as qualifying for a better retirement benefit calculation.
If you have 18 years of service credit, and then purchase three years of military service credit, as long as you meet the age and service requirements of your retirement plan, you can retire with 21 years of service.
Before making a decision, we recommend that you consult with one of our customer service representatives. Please use our secure email form (link below) to contact one of our representatives. Explain your question and circumstances in the Comment field of the form, and someone will respond to you in 5-7 business days.
https://nysosc9.osc.state.ny.us/product/ccsub.nsf/fsWeb?OpenFrameset
I had 17 plus years with the state. And also 17 plus years of military service. I had to retire due to a back injury on the job that required surgery on 5 May 2016. My retirement date was 7 May 2016. I had inquired twice in 2003 and 2012 about military credit. Am I still able to receive this benefit? And also what about the veterans who retired prior to the passage of this law?
Unfortunately, only members whose date of retirement is on or after June 1, 2016 are eligible to apply. If your date of retirement was before June 1, 2016, you were not eligible to apply for military service credit under the new law.
The new law, Chapter 41 of the Laws of 2016, was approved by both houses and signed into law by the Governor. The Retirement System administers programs that are signed into law. The new law enables eligible NYSLRS members to buy back up to three years of active military service toward their retirement, regardless of when or where they served, however, it does not provide the opportunity for members who are already retired to apply to receive military service credit.
The 6% that I pay for servive credit. Is is based on amount of mony made the years I am appling for or current salary? I made $4500/yr in 1974 and 1975 while in service. That’s $264/yr @6%. If it is current salary $40000/yr thats $2400.. Seems to me it is taking advantage of the veteran. Charging twice as much for service to his/her country.
It’s based on your current salary.
The laws that allow NYSLRS members to receive credit for their military service are enacted by the New York State Legislature, approved by both houses and signed into law by the Governor. NYSLRS then administers the programs that are signed into law.
For Tier 6 members, the legislation says that the cost to purchase military service is 6 percent of the compensation you earned during the year of credited service immediately prior to our receipt of your request to receive credit for military service, times the number of years of military service being claimed.
Can any of the time as a reservist count? I was in the reserves for 12 years.
Reserve and National Guard service may be allowable if you have active duty service (for example, during boot camp), have a DD-214 and meet eligibility requirements.