NY Educ L § 505-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 11 - State Teachers' Retirement System for Public School Teachers 505-A - Election of Retired Teacher Member of Board.

§ 505-a. Election  of retired teacher member of board.  1. Election of   retired teacher member. An election shall be held during  the  month  of   October,  nineteen hundred ninety-three, and thereafter during the month   of October immediately preceding the expiration of a term in  office  as   prescribed  in  this  section,  for  the purpose of electing the retired   teacher member of the retirement board from among the retired members of   the retirement system. All retired members of the retirement system  who   are  retired  as  of October first in the year in which such election is   held shall be eligible to vote. Such election shall be by secret  ballot   held  in  accordance  with the provisions of this section and such rules   and regulations as may be adopted by the  retirement  board.  A  retired   teacher   member  elected  to  the  retirement  board  pursuant  to  the   provisions of this section  shall  serve  for  a  term  of  three  years   commencing on the first day of January next following said election.2.  Nominations. Nominations of candidates for the position of retired   teacher member of the retirement board shall be  by  petition  on  forms   provided  pursuant  to  this  subdivision.  The  retirement  board shall   prepare printed forms for nominating petitions for  candidates  for  the   office  of  retired  teacher  member of the retirement board. Such forms   shall be available to retired members of the retirement system not later   than July first of a year in which an  election  is  to  be  held.  Each   candidate's  petition  shall  be  signed  by  not  less than one hundred   retired members of the retirement system and shall  be  filed  with  the   retirement board not later than August fifteenth in such year. Each such   petition  shall  contain  the position and term of office, together with   the name and address of the candidate, and shall also contain  the  name   and  address of the retired member of the retirement system who shall be   the alternate candidate in the event of a vacancy caused by  the  death,   disability,  disqualification  or  withdrawal of the candidate occurring   prior to the election. Each petition shall be accompanied by a notarized   written acceptance of the nomination  by  the  candidate  named  in  the   petition  and  by  a  notarized  written statement of the retired member   named  as  alternate  candidate  that,  in  the  event  of  the   death,   disability, disqualification or withdrawal of the candidate prior to the   election  or  in the event of the death, disability, disqualification or   resignation of the candidate from the position of retired teacher member   of the retirement board following election, he or she  will  accept  the   nomination  or  serve on the retirement board in such a contingency. The   retirement  board  shall  implement  one  mailing  for  each   qualified   candidate  that so requests and makes payment therefor prior to the time   of mailing by  bank  or  certified  check.  The  board  shall  establish   procedures  to  merge  mailings for more than one qualified candidate in   order to reduce postage costs and for administrative convenience if each   affected candidate approves.   Nothing in this subdivision  or  in  this   section  shall  be  construed  to  impair  existing  law  preserving the   confidentiality of the home addresses  of  retirees  of  the  retirement   system.3.  Election  procedures. Such election shall be in the form of a mail   referendum with appropriate  provisions,  such  as  the  use  of  double   envelopes,  made  to  insure that the identity of the individual retired   members will not be disclosed as their marked ballots are submitted  and   counted.  The  retirement  board  shall  prepare  and  mail a ballot and   instructions for voting to each eligible retired member by  first  class   mail  not  earlier  than  October  first  and  not  later  than  October   fifteenth. The names of candidates and alternate  candidates  listed  on   the  ballot  shall be in the order in which the petitions are filed with   the retirement board. The ballots shall be such that they may be machine   counted. Such ballots shall be returned to the address within the  state    of  New  York designated by the retirement board and shall be postmarked   not later than October thirty-first.  Notwithstanding the foregoing, the   retirement board may by resolution establish  an  alternative  procedure   for  the  conduct of an election pursuant to this section by electronic,   telephonic  or  other  means  which  provide  comparable  security   and   convenience for voting by retired teacher members.4.  Board  of elections. At the time of filing a petition or not later   than September fifteenth, each candidate shall  appoint  two  active  or   retired  members  of the retirement system to a board of elections. Such   board of elections shall consist of such appointees  of  the  candidates   and  one  member  of the retirement system named by the president of the   retirement board, who shall act as its chairman. Members of the board of   elections shall not themselves be candidates  or  alternate  candidates.   Such  board  of  elections  shall supervise the election.  Such board of   elections shall meet at the location within the state designated by  the   retirement board at one o'clock in the afternoon on the second Monday in   November  to certify the election of the candidate receiving the largest   number of valid votes cast. The  retired  member  so  elected  shall  be   notified  of  such  election  by  the chairman of the board of elections   within five days of such certification.  The ballots shall  be  kept  in   the  custody of the retirement board for at least ninety days after such   certification. Members of the board of elections shall be reimbursed  by   the  retirement  board  for  reasonable  expenses  actually incurred, in   accordance with rules and regulations adopted by the retirement board.5. Special election. In the event that no candidate can  be  certified   as  having  won the election as the result of a tie vote, then the board   of elections shall order a special election with the  ballot  containing   only the names of such candidates with a tie vote. Such special election   shall  be  conducted in the same general manner as the regular election.   Ballots shall be  mailed  during  the  month  of  November  as  soon  as   reasonably practical after the tie vote has been determined and shall be   returned  to  a  location  within the state designated by the retirement   board, postmarked no later than the fourteenth day  of  December.    The   board  of  elections  shall  meet  at  the  location  within  the  state   designated by the retirement board on a mutually selected date prior  to   January  first  to  certify  the election of the candidate receiving the   largest number of valid votes cast.6. Suspension of election. In the event that  only  one  candidate  is   nominated,  then  no  election shall be held and such candidate shall be   deemed to be elected effective at the same time as if  an  election  had   been held.7. Vacancies. A vacancy occurring during the term of a retired teacher   member of the retirement board shall be filled by the retired member who   was  the alternate candidate at the time such retired teacher member was   last elected to the board. In the event that  such  alternate  candidate   has  died, become disqualified, or is unwilling or unable to serve or in   the event that the alternate candidate dies,  is  disqualified,  becomes   disabled, or resigns after entering upon the position of retired teacher   member  of the retirement board, then the vacancy shall be filled by the   concurrent appointment of a successor from among the retired members  of   the  system by the members of the retirement board who were elected from   among the active members of  the  retirement  system.    Such  alternate   candidate  or  such  appointee,  as  applicable,  shall  serve  out  the   unexpired term of the retired teacher member.8. Certain expenses of alternate candidate. The retired member who was   the alternate candidate at the time a retired teacher  member  was  last   elected  to the position of the retired teacher member of the retirement   board shall be entitled to be  reimbursed  from  the  expense  fund  for    actual  and necessary expenses incurred in connection with attendance at   the annual meeting and stated meetings of the retirement board  pursuant   to subdivision one of section five hundred six of this article.