
Military pension credits break in period can be a complex topic, but it's essential to understand the basics. Military pension credits are earned by members of the military for their time in service, and these credits can be used to calculate their retirement benefits.
The break in period is a specific rule that applies to military pension credits. It's a period of time when a service member's pension credits are not added to their total credits. This break in period is usually 10 years, but it can be longer in some cases.
During this break in period, a service member's pension credits are not added to their total credits, which can affect their retirement benefits. This means that a service member may not receive the full amount of pension credits they earned during this time.
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Eligibility and Application
To be eligible for military pension credits, you'll need to meet certain requirements. You must have received an Honorable discharge for the period of service requested.

You'll also need to have at least five years of credited service in the Retirement System. This is a non-negotiable requirement, so make sure you meet this criterion before applying.
To qualify for military pension credits, you cannot have received credit for this service in any other public retirement system in New York State. This means you'll need to carefully review your options and choose the correct path.
You can purchase military service credit before retirement, but only if you apply and make payments before retiring. Note that we don't accept payments from members who are off the payroll of a participating employer and are not vested.
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Understanding Section 242
You're eligible for free military service credit under Section 242 if you were called to active military duty from August 1, 1990 to December 31, 1992 or from September 11, 2001 to December 31, 2005.
This credit is free as long as you didn't receive full salary from a participating employer during your time in the military.

You can get this credit without paying a thing, provided you're otherwise eligible.
It's worth noting that you'll still need to meet the eligibility requirements to receive this credit.
The cost of military service credit can be very expensive if you wait longer than five years after returning to service.
In fact, it can be "very, very expensive" if you don't act within that five-year window.
Military Breaks and Retirement
Military breaks and retirement can be a complex topic, but understanding the basics can help you navigate the process.
If you've been deployed, you may be eligible for retirement credit under the Uniformed Service Employment and Reemployment Rights Act (USERRA). To qualify, you must have been employed by a participating employer immediately prior to entering the armed forces, returned to employment within the specified timeframe, received an honorable discharge, and meet any other USERRA requirements.
You'll need to provide documentation, such as a DD214 form or an NGB Form 22, to verify your discharge and deployment dates. If you're eligible, you may be able to receive retirement credit for your military service without having to pay for it.
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However, if you wait longer than five years after returning to service to claim your retirement credit, it can be very expensive. It's essential to contact the relevant authorities, such as DRS, to determine if you're eligible and what the costs would be.
In some cases, you may be able to purchase up to five years of allowed service credit in the Defined Benefit Plan. This can be done by providing a copy of your DD-214 and paying the combined employee and employer contributions at the current rates.
Here are some key points to keep in mind:
- To qualify for allowed service credit, you must have received an honorable discharge and provide the relevant documentation.
- You may be able to purchase up to five years of service credit if you've served in the US military or worked for certain institutions.
- The cost to purchase service credit is based on an actuarial cost that reflects your length of service and current earnings.
- You have two options for purchasing allowed service credit: making a lump-sum payment or paying in installments.
- You must make payment within 90 calendar days of the date that the member is informed of the cost.
By understanding the rules and regulations surrounding military breaks and retirement, you can make informed decisions about your future and take steps to secure your financial well-being.
Cost and Benefits
Purchasing military service credit can increase your pension, but there are exceptions. Certain retirement plans have a maximum benefit, and military service credit cannot increase that maximum.
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The cost of buying military service credit depends on which section of the law applies to your case. In some circumstances, there is no cost.
You can use our Benefit Projection Calculator to estimate how purchasing military service credit will change your retirement benefit. This can help you see how much it will increase your pension.
If you've interrupted your military service, it can be very expensive if you wait longer than five years to purchase the credit. It's a good idea to contact DRS within five years to determine if you've missed some service credit and what it would cost to purchase it back.
In some cases, you might get military service credit for free, but for others, you'll need to pay for it. If you have a way to pay for it, it can really help your future self.
Suggestion: Defined Benefit Pension Plan
Allowed Credits
If you've been in the military, you might be able to get service credit for free.
You have five years from the time you return to service to contact DRS and figure out if you've missed any service credit, and what it would cost to purchase that time back.
Cost depends on your plan and tier.
Allowed service credit is limited to a total of five years, and it will be included in the computation of your retirement benefit and counted toward retirement eligibility based on the 25 and Out requirement only.
To become vested in the ERB plan, you must complete five years of earned service credit, which means working more than 0.25 FTE for an ERB covered employer.
You may purchase up to five years of service credit if you've served in the US military or worked for certain institutions such as public schools or institutions of higher learning.
Here are some examples of institutions where you might be able to purchase allowed service credit:
- A public school or institution of higher learning anywhere in the US;
- A US Military Dependents' School;
- A federal educational program in New Mexico;
- An accredited private school or institution of higher learning in New Mexico.
You can combine military service and other categories to purchase a maximum of 10 years of service credit.
To purchase service credit, you must file an application with the NMERB and have your former employer verify your employment.
The cost to purchase service credit is based on an actuarial cost that reflects your length of service and current earnings.
You have two options for purchasing allowed service credit: making a lump-sum payment to the NMERB or having your employer make the payment on your behalf.
Suggestion: National Pension System Online Payment
Federal Legislation and Military
Federal legislation can provide a way to receive credit for military service, allowing a reemployed person to be treated as not having incurred a break in service with their employer during the person's period of military service.
This legislation can be a game-changer for those who have served in the military, as it can help them maintain their pension credits without interruption.
To qualify, the legislation typically requires an honorable discharge and a DD-214 form or an NGB Form 22 to verify the type of discharge and dates of deployment.
If you're eligible, you may be able to purchase up to five years of allowed service credit in the Defined Benefit Plan, but the cost will be the combined employee and employer contributions at the current rates.
You must have received an honorable discharge and provide the NMERB with a copy of your DD-214 to qualify for allowed service credit.
The NMERB is in full compliance with the federal Uniformed Services Employment and Re-Employment Rights Act (USERRA), which ensures that individuals who serve in the Armed Forces, Reserves, National Guard, or other "uniformed services" are not disadvantaged in their civilian careers.
If you're a member of the National Guard or Reserves and are called to active duty while employed by an NMERB-covered entity, your pension rights under the Defined Benefit Plan are preserved under the terms of USERRA.
Here are some key points to keep in mind:
- Be currently employed by an NMERB employer (school district, charter school, higher education institution, etc.) as an active, regular member of NMERB.
- Make full payment to NMERB in a single lump sum.
- Actual costs will be based on current actuarial assumptions and will be different for each member based on their individual circumstances.
- The member must make payment within 90 calendar days of the date that the member is informed of the cost.
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