2023 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.