§ 509 — Statements of teachers' service; determination of service creditable; service certificates

New York § 509

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 11: State Teachers' Retirement System For Public School Teachers

Text

§ 509. Statements of teachers' service; determination of service\ncreditable; service certificates. 1. Under such rules and regulations as\nthe retirement board shall adopt, each present teacher shall file a\ndetailed statement of all service as a teacher and service in a similar\ncapacity in other states rendered by him prior to the first day of\nAugust, nineteen hundred twenty-one, for which he claims credit, and of\nsuch other facts as the retirement board may require for the proper\noperation of the retirement system.\n 2. a. Each new entrant shall file a detailed statement of (1) service\nas a teacher; (2) service in other states, territories, possessions and\ncommonwealths of the United States, which would constitute service as a\nteacher within the meaning of subdivision four of section five hundred\none of this article had it been performed within New York state rendered\nby him prior to so becoming a member; (3) governmental service in the\nstate of New York where he was a member of the New York state and local\nemployees' retirement system, and where such service was credited to him\nin the said New York state and local employees' retirement system; (4)\nservice with the New York city corrections department prior to nineteen\nhundred fifty-six which would constitute service as a teacher within the\nmeaning of subdivision four of section five hundred one of this article\nhad it been performed in the employ of a public school in New York\nstate; (5) such service that would have been creditable in one of the\npublic retirement systems of the state, as defined in subdivision\ntwenty-three of section five hundred one of the retirement and social\nsecurity law, at the time the service was rendered, had the individual\nbeen a member of such retirement system; (6) a statement as to the\nnumber of years on account of which he desires to contribute; and (7)\nsuch other facts as the retirement board may require for the proper\noperation of the system.\n b. No credit shall be allowed for service which has been credited in\nany retirement system if the member on or after the effective date of\nthis paragraph withdraws his contributions to such retirement system and\nterminates his membership therein during the period in which his\nmembership in such other system would have been valid and because of\nsuch withdrawal or termination transfer of such credit from such other\nretirement system cannot be made to the New York state teachers\nretirement system pursuant to section five hundred twenty-two of this\narticle.\n c. No prior service claim will be allowed for any service for which\nthe person is receiving a benefit or will be entitled to receive a\nbenefit at any future time from some other public retirement system, in\nthis state, in any other state or from the federal government.\n 3. The retirement board shall fix and determine by appropriate rules\nand regulations how much service in any year is the equivalent of a year\nof service, but in computing such service or in computing average\ncompensation, it shall credit no period of more than a month's duration,\nduring which a member was absent without pay, nor shall more than one\nyear of service be credited for all service in any calendar year.\n 4. Subject to the above restrictions and to such other rules and\nregulations as the retirement board shall adopt, said board shall verify\nas soon as practicable the statement of service submitted.\n 5. After the member has rendered at least two full years of service\nsince he last became a member, upon verification of the statement of\nservice submitted and receipt of any contribution required to be paid by\nthe member pursuant to paragraph a of subdivision eight of this section,\nthe retirement board shall credit the member with the length of such\nprior service as set forth in (1), (3), (4) and (5) of paragraph a of\nsubdivision two of this section and the aggregate length of such prior\nservice not to exceed ten years as set forth in (2) of paragraph a of\nsubdivision two of this section provided that in no case shall the\nnumber of years of credited service outside the state of New York be\nmore than the number of years of credited service within the state of\nNew York.\n 6. So long as membership continues, a prior service certificate shall\nbe final and conclusive for retirement purposes as to such service\nunless thereafter modified by the retirement board upon application made\nby the member within one year after the date of issuance or modification\nof a prior service certificate or upon the discovery by the retirement\nboard of an error or fraud. When membership ceases, such certificate\nshall be void. Should membership be resumed by the teacher, such teacher\nshall enter the system as a new entrant, except as provided by\nsubdivisions five and six of section five hundred eleven of this\narticle.\n 7. The total state service credited a member shall consist of the\nservice as a teacher rendered by him since he last became a member, and\nany prior service as set forth in (1), (3), (4) and (5) of paragraph a\nof subdivision two of this section. The total service credited a member\nshall consist of the service rendered by him as a teacher since he last\nbecame a member and all credited prior service.\n 8. a. Any member of the retirement system who is credited with at\nleast two full years of teaching service rendered in the state since he\nlast became a member may claim such uncredited prior service as set\nforth in (2), (3), (4) and (5) of paragraph a of subdivision two of this\nsection, pursuant to subdivision five of this section by paying to the\nretirement board four per centum of the salaries earned for the years\nclaimed and such uncredited prior service as set forth in (1) of\nparagraph a of subdivision two of this section by paying to the\nretirement board the amount he would have been required to contribute at\nthe time such service was rendered, not to exceed four per centum of the\nsalaries earned for the years claimed. The amount due, if any, for such\nservice shall be deposited with the retirement board prior to retirement\nin accordance with the requirements of this article and the regulations\nof the retirement board. The retirement board, upon verification of the\nclaim and payment made, shall credit such member with such service.\n Notwithstanding any other provision of this paragraph, any member who\nlast joined the retirement system prior to July twenty-seventh, nineteen\nhundred seventy-six and who did not receive credit with the retirement\nsystem prior to July first, nineteen hundred eighty-eight for prior\nservice, may obtain credit for prior service pursuant to the provisions\nof this section or pursuant to the provisions of subdivision b of\nsection four hundred forty-six of the retirement and social security\nlaw, whichever is applicable, without making the payments required by\nthis paragraph.\n b. Any member who applies for superannuation retirement and who on\njoining the system claimed and paid for all his uncredited service,\nshall be reclassified as a "present teacher" and shall be credited with\nall state teaching service rendered before the first day of August,\nnineteen hundred twenty-one, provided he was a teacher on or before the\nfirst day of August, nineteen hundred twenty-one, and provided that he\nis credited with at least fifteen years of teaching service rendered in\nthe state and has not ceased teaching for a period in excess of five\nyears in any period of ten consecutive years since the first day of\nAugust, nineteen hundred twenty-one, and provided that his membership\nhas been continuous since first joining the system and that he would\nhave been entitled to the status of "present teacher" and to the credit\nfor service rendered prior to the first day of August, nineteen hundred\ntwenty-one, had he applied for membership and claimed such credit at the\ntime he was given the privilege so to do. Any such member who claimed\nand paid for service rendered prior to the first day of August, nineteen\nhundred twenty-one, shall, upon being reclassified as a "present\nteacher", have the amount so paid applied on the payment for uncredited\nservice rendered on and after the first day of August, nineteen hundred\ntwenty-one, and the balance if any, shall be refunded to the member.\n c. After the member retires, the next ensuing contribution of the\nemployers, collected in the manner provided in subdivision two of\nsection five hundred twenty-one, shall be increased by the lump sum\nactuarial cost to the employers attributable to such prior service\ncredit as is granted to members who retire under the provisions of this\nsubdivision, computed on the basis of the mortality tables and interest\nrate applicable to members at the time of retirement. The proper funds\nshall be credited with the amount of such contributions, and such amount\nof pension shall be charged to the amount so collected.\n 9. No final determination made by the system with respect to benefits\nprovided by the system, or matters related thereto, shall be subject to\nreview in any court of the state of New York, except as provided in\narticle seventy-eight of the civil practice law and rules.\n 10. Notwithstanding any other provision of law to the contrary, any\nlaw insofar as and to the extent it shall establish or affect a benefit\nprovided by the system shall be deemed to have been in full force and\neffect on the earlier of the effective date provided for in such law or\nthe thirtieth day of June of the calendar year of enactment by the\nlegislature, unless such law expressly provides that it shall not be\nsubject to this subdivision.\n 11. Notwithstanding any other provision of law to the contrary, a\nmember of the retirement system subject to this article or article\nfourteen or fifteen of the retirement and social security law who,\nsubsequent to such member's date of membership in the retirement system,\nrendered service which was credited in another public retirement system\nof the state but thereafter failed to make timely transfer of such\nmembership to the retirement system prior to the time the membership in\nsuch other public retirement system ceased by reason of: a. insufficient\nservice; b. withdrawal of accumulated contributions; or c. withdrawal of\nmembership, may obtain credit for such service on the same basis and in\nthe same manner as if such service had been rendered prior to such\nmember's date of membership in the retirement system.\n * 12. Notwithstanding any other provision of law, any member eligible\nto purchase credit for previous service with a public employer pursuant\nto this section or to purchase credit for military service pursuant to\narticle twenty of the retirement and social security law, may elect to\npurchase any or all of such service by executing a periodic payroll\ndeduction agreement where and to the extent such elections are permitted\nby the retirement system by rule or regulation. Such agreement shall set\nforth the amount of previous service or military service being\npurchased, the estimated total cost of such service credit, and the\nnumber of payroll periods in which such periodic payments shall be made.\nSuch agreement shall be irrevocable, shall not be subject to amendment\nor modification in any manner, and shall expire only upon completion of\npayroll deductions required therein. Notwithstanding the foregoing, any\nmember who has entered into such a payroll deduction agreement and who\nterminates employment prior to the completion of the payments required\ntherein shall be credited with any service as to which such member shall\nhave paid the contributions required under the terms of the agreement.\n * NB Takes effect upon notice of ruling by Internal Revenue Service --\nexpires per ch. 627/2007 §22\n