NY Educ L § 509 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 11 - State Teachers' Retirement System for Public School Teachers 509 - Statements of Teachers' Service; Determination of Service Creditable; Service Certificates.

§ 509. Statements  of  teachers'  service;  determination  of  service   creditable; service certificates. 1. Under such rules and regulations as   the retirement board shall adopt, each  present  teacher  shall  file  a   detailed  statement of all service as a teacher and service in a similar   capacity in other states rendered by him  prior  to  the  first  day  of   August,  nineteen hundred twenty-one, for which he claims credit, and of   such other facts as the retirement board  may  require  for  the  proper   operation of the retirement system.2.  a. Each new entrant shall file a detailed statement of (1) service   as a teacher; (2) service in other states, territories, possessions  and   commonwealths  of the United States, which would constitute service as a   teacher within the meaning of subdivision four of section  five  hundred   one of this article had it been performed within New York state rendered   by  him  prior  to so becoming a member; (3) governmental service in the   state of New York where he was a member of the New York state and  local   employees' retirement system, and where such service was credited to him   in  the  said New York state and local employees' retirement system; (4)   service with the New York city corrections department prior to  nineteen   hundred fifty-six which would constitute service as a teacher within the   meaning  of subdivision four of section five hundred one of this article   had it been performed in the employ of  a  public  school  in  New  York   state;  (5)  such  service that would have been creditable in one of the   public retirement systems  of  the  state,  as  defined  in  subdivision   twenty-three  of  section  five hundred one of the retirement and social   security law, at the time the service was rendered, had  the  individual   been  a  member  of  such  retirement  system; (6) a statement as to the   number of years on account of which he desires to  contribute;  and  (7)   such  other  facts  as  the  retirement board may require for the proper   operation of the system.b. No credit shall be allowed for service which has been  credited  in   any  retirement  system  if the member on or after the effective date of   this paragraph withdraws his contributions to such retirement system and   terminates his  membership  therein  during  the  period  in  which  his   membership  in  such  other  system would have been valid and because of   such withdrawal or termination transfer of such credit from  such  other   retirement  system  cannot  be  made  to  the  New  York  state teachers   retirement system pursuant to section five hundred  twenty-two  of  this   article.c.  No  prior  service claim will be allowed for any service for which   the person is receiving a benefit or  will  be  entitled  to  receive  a   benefit  at any future time from some other public retirement system, in   this state, in any other state or from the federal government.3. The retirement board shall fix and determine by  appropriate  rules   and regulations how much service in any year is the equivalent of a year   of  service,  but  in  computing  such  service  or in computing average   compensation, it shall credit no period of more than a month's duration,   during which a member was absent without pay, nor shall  more  than  one   year of service be credited for all service in any calendar year.4.  Subject  to  the  above  restrictions  and to such other rules and   regulations as the retirement board shall adopt, said board shall verify   as soon as practicable the statement of service submitted.5. After the member has rendered at least two full  years  of  service   since  he  last  became  a member, upon verification of the statement of   service submitted and receipt of any contribution required to be paid by   the member pursuant to paragraph a of subdivision eight of this section,   the retirement board shall credit the member with  the  length  of  such   prior  service  as  set forth in (1), (3), (4) and (5) of paragraph a of   subdivision two of this section and the aggregate length of  such  prior    service  not  to  exceed ten years as set forth in (2) of paragraph a of   subdivision two of this section provided  that  in  no  case  shall  the   number  of  years  of  credited service outside the state of New York be   more  than  the  number of years of credited service within the state of   New York.6. So long as membership continues, a prior service certificate  shall   be  final  and  conclusive  for  retirement  purposes as to such service   unless thereafter modified by the retirement board upon application made   by the member within one year after the date of issuance or modification   of a prior service certificate or upon the discovery by  the  retirement   board  of  an  error  or fraud. When membership ceases, such certificate   shall be void. Should membership be resumed by the teacher, such teacher   shall enter  the  system  as  a  new  entrant,  except  as  provided  by   subdivisions  five  and  six  of  section  five  hundred  eleven of this   article.7. The total state service credited a  member  shall  consist  of  the   service  as a teacher rendered by him since he last became a member, and   any prior service as set forth in (1), (3), (4) and (5) of  paragraph  a   of  subdivision two of this section. The total service credited a member   shall consist of the service rendered by him as a teacher since he  last   became a member and all credited prior service.8.  a.  Any  member  of  the retirement system who is credited with at   least two full years of teaching service rendered in the state since  he   last  became  a  member  may  claim such uncredited prior service as set   forth in (2), (3), (4) and (5) of paragraph a of subdivision two of this   section, pursuant to subdivision five of this section by paying  to  the   retirement  board  four  per centum of the salaries earned for the years   claimed and such uncredited  prior  service  as  set  forth  in  (1)  of   paragraph  a  of  subdivision  two  of  this  section  by  paying to the   retirement board the amount he would have been required to contribute at   the time such service was rendered, not to exceed four per centum of the   salaries earned for the years claimed. The amount due, if any, for  such   service shall be deposited with the retirement board prior to retirement   in  accordance with the requirements of this article and the regulations   of the retirement board. The retirement board, upon verification of  the   claim and payment made, shall credit such member with such service.Notwithstanding  any other provision of this paragraph, any member who   last joined the retirement system prior to July twenty-seventh, nineteen   hundred seventy-six and who did not receive credit with  the  retirement   system  prior  to  July  first,  nineteen hundred eighty-eight for prior   service, may obtain credit for prior service pursuant to the  provisions   of  this  section  or  pursuant  to  the  provisions of subdivision b of   section four hundred forty-six of the  retirement  and  social  security   law,  whichever  is  applicable, without making the payments required by   this paragraph.b. Any member who applies for superannuation  retirement  and  who  on   joining  the  system  claimed  and  paid for all his uncredited service,   shall be reclassified as a "present teacher" and shall be credited  with   all  state  teaching  service  rendered  before the first day of August,   nineteen hundred twenty-one, provided he was a teacher on or before  the   first  day  of August, nineteen hundred twenty-one, and provided that he   is credited with at least fifteen years of teaching service rendered  in   the  state  and  has  not ceased teaching for a period in excess of five   years in any period of ten consecutive years  since  the  first  day  of   August,  nineteen  hundred  twenty-one, and provided that his membership   has been continuous since first joining the system  and  that  he  would   have  been entitled to the status of "present teacher" and to the credit   for service rendered prior to the first day of August, nineteen  hundred    twenty-one, had he applied for membership and claimed such credit at the   time  he  was  given the privilege so to do. Any such member who claimed   and paid for service rendered prior to the first day of August, nineteen   hundred  twenty-one,  shall,  upon  being  reclassified  as  a  "present   teacher", have the amount so paid applied on the payment for  uncredited   service  rendered on and after the first day of August, nineteen hundred   twenty-one, and the balance if any, shall be refunded to the member.c. After the member retires, the  next  ensuing  contribution  of  the   employers,  collected  in  the  manner  provided  in  subdivision two of   section five hundred twenty-one, shall be  increased  by  the  lump  sum   actuarial  cost  to  the  employers  attributable  to such prior service   credit as is granted to members who retire under the provisions of  this   subdivision,  computed on the basis of the mortality tables and interest   rate applicable to members at the time of retirement. The  proper  funds   shall be credited with the amount of such contributions, and such amount   of pension shall be charged to the amount so collected.9.  No final determination made by the system with respect to benefits   provided by the system, or matters related thereto, shall be subject  to   review  in  any  court  of  the state of New York, except as provided in   article seventy-eight of the civil practice law and rules.10. Notwithstanding any other provision of law to  the  contrary,  any   law  insofar as and to the extent it shall establish or affect a benefit   provided by the system shall be deemed to have been in  full  force  and   effect  on the earlier of the effective date provided for in such law or   the thirtieth day of June of the  calendar  year  of  enactment  by  the   legislature,  unless  such  law  expressly provides that it shall not be   subject to this subdivision.11. Notwithstanding any other provision of  law  to  the  contrary,  a   member  of  the  retirement  system  subject  to this article or article   fourteen or fifteen of the  retirement  and  social  security  law  who,   subsequent to such member's date of membership in the retirement system,   rendered  service which was credited in another public retirement system   of the state but thereafter failed  to  make  timely  transfer  of  such   membership  to the retirement system prior to the time the membership in   such other public retirement system ceased by reason of: a. insufficient   service; b. withdrawal of accumulated contributions; or c. withdrawal of   membership, may obtain credit for such service on the same basis and  in   the  same  manner  as  if  such  service had been rendered prior to such   member's date of membership in the retirement system.* 12. Notwithstanding any other provision of law, any member  eligible   to  purchase credit for previous service with a public employer pursuant   to this section or to purchase credit for military service  pursuant  to   article  twenty  of the retirement and social security law, may elect to   purchase any or all of such service  by  executing  a  periodic  payroll   deduction agreement where and to the extent such elections are permitted   by the retirement system by rule or regulation. Such agreement shall set   forth   the  amount  of  previous  service  or  military  service  being   purchased, the estimated total cost of  such  service  credit,  and  the   number of payroll periods in which such periodic payments shall be made.   Such  agreement  shall be irrevocable, shall not be subject to amendment   or modification in any manner, and shall expire only upon completion  of   payroll  deductions required therein. Notwithstanding the foregoing, any   member who has entered into such a payroll deduction agreement  and  who   terminates  employment  prior to the completion of the payments required   therein shall be credited with any service as to which such member shall   have paid the contributions required under the terms of the agreement.* NB Takes effect upon notice of ruling by Internal Revenue Service --   expires per ch. 627/2007 §22