reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 353 - Procedure For Determining Applications For Disability Retirement Under Retirement And Social Security Law, Sections 507-a And 605 › Section 353.3 - Medical examinations

Current through Register Vol. 46, No. 28, July 10, 2024
Where the determining authority finds that an application for
				  benefits under section 507-a or
				  605  of the Retirement and Social Security
				  Law raises a medical issue or issues, it shall arrange for the medical
				  examinations of the applicant. Each consulting physician who is retained by the
				  Retirement System to conduct an examination for the purposes of evaluating the
				  medical basis of an applicant's application shall be required to report in
				  writing his or her findings. The determining authority shall thereupon consider
				  such report in reaching a determination on the application. Section 507  of the Retirement and Social Security
				  Law provides that determination of the issue of whether a member is permanently
				  incapacitated for the purposes of that section shall be based on the
				  determination approving the member's application for primary social security
				  benefits. Accordingly, the determining authority shall not arrange for medical
				  examinations with respect to applications filed under section 507, unless the
				  determining authority concludes that such examination or examinations are
				  necessary with respect to determining issues of causal relationship between
				  accidents alleged on the application and the incapacity which was the basis of
				  the approval of such member's application for primary social security
				  disability benefits.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 353 - Procedure For Determining Applications For Disability Retirement Under Retirement And Social Security Law, Sections 507-a And 605 › Section 353.4 - Medical board

Current through Register Vol. 46, No. 28, July 10, 2024
The determining authority may consult the medical board
				  established pursuant to section 74  of the Retirement and Social Security Law
				  with respect to any application where it determines that the advice of the
				  medical board would be appropriate or beneficial.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 353 - Procedure For Determining Applications For Disability Retirement Under Retirement And Social Security Law, Sections 507-a And 605 › Section 353.5 - Review of medical records

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for disability benefits filed pursuant to sections
				  507-a and 605 are required to identify all hospitalizations and all doctors who
				  have treated the applicant in connection with his or her alleged disability.
				  The determining authority may request that the applicant file a written waiver
				  of confidentiality with respect to medical records relating to such doctors and
				  hospitalizations. Upon receipt of such waiver, the Retirement System shall
				  attempt to obtain all medical records available from each doctor and hospital
				  identified by the applicant, and the determining authority shall review and
				  consider all records so obtained in connection with determining each
				  application.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 353 - Procedure For Determining Applications For Disability Retirement Under Retirement And Social Security Law, Sections 507-a And 605 › Section 353.6 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant may request a hearing and redetermination of any
				  adverse determination by filing a written request for same as provided by
				  section 74  of the Retirement and Social Security
				  Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 354 - Restoration To Membership Of Tier 3 And 4 Service Retirees Of The New York State And Local Employees' Retirement System › Section 354.2 - Individuals covered by this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual who retired other than for
				disability from the New York State and Local Employees' Retirement System under
				the provisions of article 14 or 15 of the Retirement and Social Security Law,
				and who subsequently returns to a position in the public service which would
				mandate or permit membership in the retirement system under such article, shall
				be covered by this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 354 - Restoration To Membership Of Tier 3 And 4 Service Retirees Of The New York State And Local Employees' Retirement System › Section 354.3 - Restoration to membership

Current through Register Vol. 46, No. 28, July 10, 2024
Any such individual shall be re-enrolled as a member of the
				  Retirement System (unless he or she is re-employed under the provisions of
				  section 210 or
				  211  of the Retirement and Social Security
				  Law) and the retirement allowance shall be suspended.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 354 - Restoration To Membership Of Tier 3 And 4 Service Retirees Of The New York State And Local Employees' Retirement System › Section 354.4 - Coverage under retirement option elected

Current through Register Vol. 46, No. 28, July 10, 2024
Upon restoration to membership under this Part, the member
				  shall remain covered by any post-death benefit which was applicable at the time
				  of restoration and by the provisions of the option under which he or she last
				  retired, until which time the member attains death benefit eligibility in
				  connection with the member's return to active service.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 354 - Restoration To Membership Of Tier 3 And 4 Service Retirees Of The New York State And Local Employees' Retirement System › Section 354.5 - Reinstatement of tier status upon restoration

Current through Register Vol. 46, No. 28, July 10, 2024
An individual who has previously retired from the New York
				  State and Local Employees' Retirement System under the provisions of either
				  article 14 or article 15 of the Retirement and Social Security Law and who is
				  re-enrolled as a member of such system upon return to active employment with
				  the State or a participating employer shall be subject, during such reinstated
				  membership, to coverage by the same article or articles of the Retirement and
				  Social Security Law as were applicable prior to retirement, and shall be deemed
				  to have retained the tier status he or she had immediately prior to the
				  previous retirement.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 354 - Restoration To Membership Of Tier 3 And 4 Service Retirees Of The New York State And Local Employees' Retirement System › Section 354.6 - Calculation of benefits for restored members

Current through Register Vol. 46, No. 28, July 10, 2024
Upon retirement of a restored member, benefits shall be
				  payable as follows:
(a) If the member
				has not earned at least two years of member service credit subsequent to
				restoration of membership, there shall not be a recalculation of benefits.
				Rather, the original retirement allowance under the option previously
				established shall be reinstated, and member contributions made since such
				restoration shall be refunded to the member by the Retirement System. The
				original retirement date shall remain applicable for the purposes of
				determining eligibility for post-retirement death benefits.
(b) If the member has earned at least two
				years of member service credit after restoration, such member shall, at his or
				her option, be eligible to retire with either of the following benefit
				calculations:
(1) The member shall be
				credited with all member service earned subsequent to restoration to
				membership, and receive a retirement allowance which shall consist of the
				actuarial equivalent of the pension which the member was receiving immediately
				prior to the last restoration to membership, plus a pension based upon the
				member service credit earned subsequent to restoration to membership. Such
				latter pension shall be computed as if he or she were a new member when he or
				she last became a member.
(2) The
				total service credited at the time of the earlier retirement may, at the
				member's option, again be credited, in addition to all member service earned
				subsequent to restoration to membership, if the member returns to the
				Retirement System the actuarial equivalent of the amount of retirement benefits
				received, plus interest at the rate of five percent per annum. In the event
				such amount is not so repaid, such actuarial equivalent shall be deducted from
				the subsequent retirement allowance.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 354 - Restoration To Membership Of Tier 3 And 4 Service Retirees Of The New York State And Local Employees' Retirement System › Section 354.7 - Computation of benefits for restored tier 3 and tier 4 members who retire with an outstanding loan balance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon restoration to membership pursuant to this Part, neither the contribution
				balance nor the loan balance that was outstanding at the time of retirement
				shall be restored. However, upon the retirement of a Tier 3 or Tier 4 member
				who has previously retired with an outstanding loan balance and who has
				subsequently been restored to membership, the retirement allowance shall be
				reduced by the same amount as it was reduced pursuant to either subdivision (i)
				of section 517-c  of the Retirement and Social
				Security Law or subdivision (h) of section 613-a  of the Retirement and Social
				Security Law (whichever was applicable in connection with the previous
				retirement).
(b) If a restored Tier
				3 or 4 member retires with an outstanding balance from a loan taken during a
				post-retirement restored membership, benefits payable shall be reduced with
				respect to any outstanding loan balance from such loan pursuant to the
				provisions of subdivision (i) of section 517-c  of the Retirement and Social
				Security Law or subdivision (h) of section 613-a of such law, as applicable,
				and calculated as of the date of such subsequent retirement.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 356 - New Rollover And Withholding Rules Pursuant To The Unemployment Compensation Amendments Of 1992 And The Pension Protection Act Of 2006 › Section 356.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas Public Law 102-318, known as the Unemployment Compensation Amendments of 1992 ("UCA"), amended section  402(f) of the Internal Revenue Code ("the Code") with respect to distributions made after December 31, 1992; and whereas the UCA requires the New York State and Local Retirement Systems to amend the plans they administer on or before December 31, 1993 so as to conform with UCA provisions on distributions, and requires such plan amendments to be retroactive to January 1, 1993; this Part is hereby promulgated to amend the rules pertaining to distributions made by the New York State and Local Retirement Systems on or after January 1, 1993 so as to conform with the requirements of the Internal Revenue Code.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 356 - New Rollover And Withholding Rules Pursuant To The Unemployment Compensation Amendments Of 1992 And The Pension Protection Act Of 2006 › Section 356.2 - Elections

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to distributions made on or after January
				  1, 1993. Notwithstanding any provision applicable to members and beneficiaries
				  of the New York State and Local Retirement Systems to the contrary that would
				  otherwise limit a distributee's election under this Part, a distributee may
				  elect at the time and in the manner prescribed by the comptroller, to have any
				  portion of an eligible rollover distribution paid directly to an eligible
				  retirement plan specified by the distributee in a direct rollover, subject to
				  the limitations provided in sections
				  356.4,
				  356.5 and
				  356.6  of this
				  Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 356 - New Rollover And Withholding Rules Pursuant To The Unemployment Compensation Amendments Of 1992 And The Pension Protection Act Of 2006 › Section 356.4 - Minimum rollover amount

Current through Register Vol. 46, No. 28, July 10, 2024
A distributee may elect to have a direct rollover of an
				  eligible rollover distribution if the sum total of all eligible rollover
				  distributions that a distributee will receive in a taxable year is equal to or
				  greater than $200. A distributee may not elect a direct rollover (and the
				  Retirement Systems will not withhold taxes from eligible rollover
				  distributions) if the total of all eligible distributions that the distributee
				  will receive in a taxable year will be less than $200.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 356 - New Rollover And Withholding Rules Pursuant To The Unemployment Compensation Amendments Of 1992 And The Pension Protection Act Of 2006 › Section 356.5 - Partial rollovers

Current through Register Vol. 46, No. 28, July 10, 2024
A distributee may not elect to have a direct rollover of only
				  a portion of an eligible rollover distribution unless the portion to be rolled
				  over is equal to or greater than $500.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 356 - New Rollover And Withholding Rules Pursuant To The Unemployment Compensation Amendments Of 1992 And The Pension Protection Act Of 2006 › Section 356.6 - Multiple rollovers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				distributee may elect to have direct rollovers of specified portions of an
				eligible rollover distribution to more than one eligible retirement plan,
				subject to the limitation provided in section
				356.5  of this
				Part, if the distribution is one which has become payable on account of the
				death of a member or beneficiary.
(b) With respect to an eligible rollover
				distribution which becomes payable for reasons other than the death of a member
				or beneficiary, a distributee may not elect to have a direct rollover made to
				more than one eligible retirement plan.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 357 - Service Credit For Tier 3 And 4 Members Of The New York State And Local Employees' Retirement System Who Are Receiving Workers' Compensation Benefits For Injuries Sustained In Employment With The State › Section 357.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Amendments to section 209-a  of the State Finance Law provide for
				  differing rules for different groups of State employees with respect to
				  eligibility for workers' compensation supplements. Under the law, certain
				  employees will not be entitled to receive workers' compensation supplements,
				  which are paid on the regular employee payroll, while other groups will be
				  entitled to receive such supplements for specified periods of time. Certain
				  employees who are not receiving such supplements are nonetheless entitled to
				  retirement service credit for certain periods during which they are out of
				  service and receiving workers' compensation benefits, and must pay any required
				  member contributions for such credit. Section 209-a further provides that the
				  Comptroller must promulgate regulations with respect to procedures for payment
				  of member contributions by employees who are out of service and receiving
				  workers' compensation benefits, and this Part is hereby promulgated to provide
				  such procedures. Under the statutory scheme discussed above, it remains
				  practicable for the retirement systems to collect required member contributions
				  from employers on behalf of employees who receive supplements, in the form of
				  payroll deductions. However, it is not possible for the retirement system to
				  receive contributions in the form of payroll deductions with respect to
				  employees who do not receive supplements while out on workers' compensation
				  leave. Furthermore, it would be unduly financially burdensome for employees who
				  do not receive supplements to be required to make member contributions before
				  they return to paid service. Accordingly, this Part establishes different
				  procedures for collection of member contributions with respect to employees who
				  do and do not receive workers' compensation supplements from their employers
				  while out of service and receiving workers' compensation
				  benefits.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 357 - Service Credit For Tier 3 And 4 Members Of The New York State And Local Employees' Retirement System Who Are Receiving Workers' Compensation Benefits For Injuries Sustained In Employment With The State › Section 357.2 - Payment of member contributions during periods in which a member receives workers' compensation supplements

Current through Register Vol. 46, No. 28, July 10, 2024
The retirement system shall continue to receive member
				  contributions, made by the member through regular payroll deductions, during
				  any period during which a member is out of service and receiving a workers'
				  compensation supplement under section 209-a  of the State Finance Law or any
				  similar provision of law authorizing retirement service credit for such leave.
				  The member shall be credited with full service credit for any such
				  period.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 357 - Service Credit For Tier 3 And 4 Members Of The New York State And Local Employees' Retirement System Who Are Receiving Workers' Compensation Benefits For Injuries Sustained In Employment With The State › Section 357.3 - Payment of member contributions by members who do not receive supplements

Current through Register Vol. 46, No. 28, July 10, 2024
A member who is not entitled to receive a workers'
				  compensation supplement for periods during which such member is out of service
				  and receiving workers' compensation benefits, but who is statutorily entitled
				  to receive service credit for all or a portion of the period he or she is out
				  of service and receiving such benefits, shall pay the contributions required in
				  connection for such credit, plus applicable interest, by means of payroll
				  deduction after returning to the employee payroll. Repayment shall be at a rate
				  sufficient to complete payment in a period of time equal to the period being
				  credited in connection with such payment of contributions. In the event that
				  complete repayment is not made prior to commencement of retirement system
				  benefit payments, the amount of outstanding contributions, plus interest, shall
				  be deducted from the initial payment of such retirement system benefits, until
				  all repayment is completed.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 358 - Calculation Of Disability Retirement Benefits For Restored Service Retirees Under Retirement And Social Security Law Articles 11, 14, And 15 › Section 358.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This part shall apply to disability retirement benefits
				  payable to individuals who, following service retirement, are restored to
				  membership in either the New York State and Local Employees' Retirement System
				  or the New York State Police and Fire Retirement System and who are
				  subsequently granted disability retirement under the provisions of article 11,
				  14, or 15 of the Retirement and Social Security Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 358 - Calculation Of Disability Retirement Benefits For Restored Service Retirees Under Retirement And Social Security Law Articles 11, 14, And 15 › Section 358.2 - Final average salary

Current through Register Vol. 46, No. 28, July 10, 2024
Final average salary shall be determined pursuant to the
				  provisions of the Retirement and Social Security Law that would be applicable
				  based on the date of the restored membership. However, for the purpose of
				  calculating annual average salary, the employment prior to the disability and
				  the post restoration employment shall be considered continuous. Accordingly,
				  the final average salary calculations shall include compensation earned during
				  the final average salary period, from either employment or both, as
				  appropriate.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 358 - Calculation Of Disability Retirement Benefits For Restored Service Retirees Under Retirement And Social Security Law Articles 11, 14, And 15 › Section 358.3 - No reduction on account of service retirement benefits received

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of disability retirement benefits payable to an
				  individual who was restored to membership following service retirement shall
				  not be reduced in connection with the amount of service retirement benefits
				  paid prior to restoration.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 359 - Administrative Review Law Requirements And Processing Procedures › Section 359.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 437 of the Laws of 1993 added article 18 to the New
				  York State Retirement and Social Security Law, which authorizes the granting of
				  retroactive transfer, retroactive membership and credit for previous service in
				  certain situations. Article 18, often referred to as the "Administrative Review
				  Law," includes three sections which provide relief under different
				  circumstances. Section 801  of
				  the Retirement and Social Security Law allows for retroactive transfer between
				  public retirement systems by certain members who were previously entitled to
				  transfer membership in a public retirement system, but failed to make a timely
				  election. This may result in a tier change based on a new date of membership.
				  Section 802  of the Retirement and Social Security
				  Law allows credit for service which was previously credited by a public
				  retirement system but never transferred. Granting of credit under section 802  of the Retirement and Social Security
				  Law will not affect a member's date of membership or tier status. Section 803  of the Retirement and Social Security
				  Law allows for retroactive membership. This provision also may result in tier
				  changes based on the new retroactive membership date.
Section 804 authorizes the comptroller to promulgate rules
				  and regulations to implement the provisions of article 18, and this Part is
				  promulgated pursuant to such section.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 359 - Administrative Review Law Requirements And Processing Procedures › Section 359.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The rights and benefits provided under article 18 and covered
				  by this Part are applicable to members of public retirement systems of the
				  State. However, article 18 does not permit any transfer to or from a New York
				  City system and does not allow granting of retroactive membership or credit
				  based on New York City service (whether or not this service is ordinarily
				  covered by the New York State and Local Employees' Retirement System) unless
				  such city adopts article 18 in its entirety. If the City of New York adopts
				  article 18, the New York City Employees' Retirement System, the New York City
				  Teachers' Retirement System, the New York City Police Pension Fund, the New
				  York City Fire Department Pension Fund and the New York City Board of Education
				  Retirement System will then be considered "public retirement systems" for the
				  purposes of article 18.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 359 - Administrative Review Law Requirements And Processing Procedures › Section 359.3 - Transfer rights under section 801

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Background. Under this section, members
				who were previously eligible to transfer between public retirement systems of
				the State, and who did not elect to transfer while both memberships were
				active, may be eligible to apply for this transfer. Section 801  of
				the Retirement and Social Security Law also permits retroactive transfer, in
				certain cases, by members who commenced employment which made them eligible to
				join a second public retirement system before their membership in the first
				retirement system terminated. For the purposes of section 801, public
				retirement system means the New York State and Local Employees' Retirement
				System, the New York State and Local Police and Fire Retirement System and the
				New York State Teachers' Retirement System. If New York City enacts legislation
				adopting the provisions contained in article 18, the term public retirement
				system shall also apply to the public retirement systems of New York
				City.
(b) Filing requirements. To
				transfer a previous membership under section 801  of
				the Retirement and Social Security Law, a member must file a written transfer
				request on a form provided by his or her current retirement system with such
				retirement system. Forms may be filed on or after October 24, 1993 and may not
				be filed any later than October 23, 1994. Application forms are available from
				the retirement system or from employers.
(c) Contents of application. In completing
				the written request, a member must provide a description of the previous
				membership and should include:
(1) the name
				of the previous retirement system;
(2) the retirement system registration number
				(if known); and
(3) the dates of
				employment.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 359 - Administrative Review Law Requirements And Processing Procedures › Section 359.4 - Rights to credit for previously credited service under retirement and social security law, section 802

Current through Register Vol. 46, No. 28, July 10, 2024
Under section 802  of the Retirement and Social Security
				  Law, a member may become eligible to receive credit for service rendered prior
				  to the current date of membership, subject to the eligibility requirements
				  provided below and/or otherwise provided by statute. Crediting of service under
				  section 802  of the Retirement and Social Security
				  Law does not affect an individual's date of membership or retirement system
				  tier status.
(a) Eligibility
				requirements:
(1) The service must be
				otherwise creditable under the provisions of the Retirement and Social Security
				Law.
(2) Service credit must have
				been previously credited by a public retirement system of the State for any
				period for which credit is sought under section 802  of the Retirement and Social Security
				Law. (See section
				359.2  of this Part
				regarding the pertinent definition of "public retirement system of the
				State").
(3) The service must not
				be currently credited in any other public retirement system in New York State,
				or in a retirement system of any other state or the Federal
				government.
(4) A member must have
				rendered at least five years of credited service since last joining a public
				retirement system.
(5) A member
				must file a written request with the retirement system for retroactive credit
				being sought under section 802  of the Retirement and Social Security
				Law. The request should indicate the dates of service for which credit is
				sought. While there is no deadline for filing such a written request, the
				amounts necessary for purchase of the service credit must be deposited with the
				retirement system prior to the effective date of retirement.
(6) Payment of contributions required for
				service to be credited under section 802  of the Retirement and Social Security
				Law, plus applicable interest, shall be made by means of lump sum payment or by
				payroll deduction. The repayment period may be any period of time less than or
				equal to the period of previous service to be credited.
(7) If the member does not complete payment
				of required contributions plus applicable interest prior to the effective date
				of retirement, the retirement system shall grant credit proportional to the
				amount of payment received on or before such date.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 360 - Service Crediting For Tier 2, 3 And 4 Community College Employees › Section 360.1 - Background and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 446, 513 and
				  609  of the Retirement and Social Security
				  Law were amended by chapters 310 and 311 respectively of the Laws of 1993 to
				  provide that employees of community colleges, as that term is defined in
				  section 6301  of
				  the Education Law, who are in the classified service, as that term is defined
				  in section 40  of the Civil Service Law, or in the
				  unclassified service, as that term is defined in section 35  of the Civil Service Law, shall receive
				  one year of service credit if they have been employed full-time for the school
				  year. Sections 446, 513 and 609 authorize the Comptroller to promulgate
				  regulations defining the term "school" year for the purposes of determining
				  service credit pursuant to sections 446, 513 and
				  609  of the Retirement and Social Security
				  Law. Chapter 310, which covers employees in the classified service, applies to
				  school years commencing with the 1993-1994 school year. Chapter 311, which
				  covers employees in the unclassified service, applies retroactively to school
				  years beginning on or after July 1, 1973 with respect to individuals who last
				  joined the New York State and Local Employees' Retirement System on or after
				  July 1, 1973 and before July 27, 1976 and who were not retired as of July 21,
				  1993. Chapter 311 also applies retroactively to school years beginning on or
				  after July 27, 1976 with respect to individuals who last joined the New York
				  State and Local Employees' Retirement System on or after July 27, 1976 and
				  before September 1, 1983 and who were not retired as of July 21, 1993, and to
				  school years beginning on or after September 1, 1983 with respect to
				  individuals who last joined the New York State and Local Employees' Retirement
				  System on or after September 1, 1983 and who were not retired as of July 21,
				  1993.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 360 - Service Crediting For Tier 2, 3 And 4 Community College Employees › Section 360.2 - Definition of school year

Current through Register Vol. 46, No. 28, July 10, 2024
Individuals covered by this Part, as described in section
				  360.1 
				  of this Part, shall be considered to have been employed full-time for an entire
				  school year for service crediting purposes if and only if they have been
				  reported by the employer to the Retirement System as being paid on the payroll
				  for not less than 170 days (including paid vacation and paid holidays) between
				  July 1st of any calendar year and June 30th of the following calendar
				  year.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 360 - Service Crediting For Tier 2, 3 And 4 Community College Employees › Section 360.3 - Service credit

Current through Register Vol. 46, No. 28, July 10, 2024
Employees of community colleges who have been employed
				  full-time for a school year, as defined in section
				  360.2 
				  of this Part shall receive a full year of service credit for such school
				  year.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 361 - Credit Under Retirement And Social Security Law Section 384-d For Service Rendered For A Previous Employer › Section 361.1 - Section 384-d credit for previous employment

Current through Register Vol. 46, No. 28, July 10, 2024
A member who retires, dies or separates from service on or
				  after April 1, 1994, while enrolled in the retirement plan provided by section 384-d  of the Retirement and Social
				  Security Law, shall receive credit under such plan for service rendered with a
				  previous police or fire department employer under the following
				  circumstances:
(a) the service
				rendered with the previous employer was originally credited under the section
				384-d plan; or
(b) the previous
				employer adopted section 384-d coverage prior to the member's retirement or
				termination of membership; or
(c)
				the current employer did not adopt section 384-d coverage until after the
				member commenced employment with such employer.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 363 - Election By Article 14 Members Of Either The Article 14 Or Article 15 Benefit Calculation Pursuant To Chapter 537 Of The Laws Of 1994 › Section 363.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to service and vested retirements of
				  individuals covered by article 14 of the Retirement and Social Security Law,
				  where the effective date of retirement is on or after September 24, 1994.
				  Notwithstanding the above, it shall not apply to individuals who have
				  irrevocably waived rights to benefits provided by article 15. This Part
				  provides the procedures under which a member of the New York State and Local
				  Employees' Retirement System who is covered by article 14 of the Retirement and
				  Social Security Law and who, on the effective date of service or vested
				  retirement:
(a) has accrued less than
				30 years of credited service and has not attained age 60; or
(b) has attained age 60 but has not attained
				age 62, and has accrued at least 20, but less than 25 years of credited
				service, shall elect to receive service retirement benefits of vested
				retirement benefits calculated under either the provisions of article 14 or
				article 15 of such law.
This Part shall also provide the manner in which the
				  Retirement System shall calculate retirement benefits for all other members who
				  are covered by article 14, and shall explain why no election is required for
				  such individuals.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 363 - Election By Article 14 Members Of Either The Article 14 Or Article 15 Benefit Calculation Pursuant To Chapter 537 Of The Laws Of 1994 › Section 363.2 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 537 of
				the Laws of 1994 amended sections 603 and
				612  of the Retirement and Social Security
				Law with respect to the eligibility of members covered by the provisions of
				article 15 of such law to retire at age 55, with benefit reduction for early
				(prior to attainment of age 62) retirement. Chapter 537 also amended sections
				603 and 612 so as to permit individuals covered by article 15 to retire at age
				55 with no reduction for such early retirement where the individual has at
				least 30 years of credited service at retirement.
(b) With the exception of certain corrections
				officers and security hospital treatment assistants who have waived article 15
				coverage as a prerequisite to eligibility to participate in special plans
				provided by article 14, members of the New York State and Local Employees'
				Retirement System who are covered by article 14 (sometimes hereinafter referred
				to as "article 14 members") are also covered by article 15 of such law.
				Therefore, an article 14 member who applies for service or vested retirement
				benefits is entitled to benefits calculated under the article which will
				provide the greater benefit (assuming the member meets the eligibility
				requirements under both articles).
(c) For certain article 14 members, the
				amount of the service retirement benefit and the vested retirement benefit
				payable under article 15 will always be greater than the amount that would be
				payable under article 14, regardless of how long such an individual may live
				following retirement. The article 14 members for whom the article 15
				calculation will always produce a larger monthly benefit are those who, on the
				effective date of retirement:
(1) have accrued
				at least 30 years of service credit; or
(2) have attained age 60 and who have accrued
				less than 20 years of credited service; or
(3) have attained age 60 and have accrued at
				least 25 years of credited service. In view of the above, the Retirement System
				will calculate benefits for these three groups of individuals under article 15,
				as it would serve no valid purpose to require them to elect between the two
				articles.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 363 - Election By Article 14 Members Of Either The Article 14 Or Article 15 Benefit Calculation Pursuant To Chapter 537 Of The Laws Of 1994 › Section 363.3 - Election

Current through Register Vol. 46, No. 28, July 10, 2024
A member of the New York State and Local Employees'
				  Retirement System who is covered by article 14 of the Retirement and Social
				  Security Law and who, on the effective date of service or vested
				  retirement:
(a) has not attained age
				60 and has accrued less than 30 years of credited service; or
(b) has not attained age 62, and has accrued
				at least 20, but less than 25 years of credited service, shall receive benefits
				calculated under the provisions of article 15 of the Retirement and Social
				Security Law unless the individual files a timely election, as provided in
				section
				363.4  of this Part, to
				receive benefits calculated under the provisions of article 14.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 363 - Election By Article 14 Members Of Either The Article 14 Or Article 15 Benefit Calculation Pursuant To Chapter 537 Of The Laws Of 1994 › Section 363.4 - Filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				become effective, an election to retire under the calculation provisions of
				either article 14 or article 15 must be made on form prepared by the Retirement
				System for such purpose, and timely filed with the Retirement System, as
				provided in below. Such form must be signed by the member or an individual
				authorized by law to execute a retirement option on behalf of the member, and
				such signature must be acknowledged. The executed and acknowledged form must be
				filed with the Retirement System no later than the 60th day following the
				effective date of retirement. Once an election has been made by the filing of a
				completed form, such election may only be changed on or before the 60th day
				following the effective date of retirement, and such a change may only be
				accomplished by the filing of another such form, on or before the 60th day
				following the effective date of retirement. The last timely election filed
				pursuant to this Part shall become irrevocable on the 60th day following
				retirement.
(b) Notwithstanding the
				above, an election will be considered timely filed if filed no later than 14
				days following the Retirement System's issuance of a retirement
				estimate.
(c) In the event that the
				member shall not have timely filed such an election, service or vested
				retirement benefits, as appropriate, shall be payable pursuant to the
				provisions of article 15 of the Retirement and Social Security Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 363 - Election By Article 14 Members Of Either The Article 14 Or Article 15 Benefit Calculation Pursuant To Chapter 537 Of The Laws Of 1994 › Section 363.5 - Individuals who need not file an election

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Benefits shall be calculated under the
				provisions of article 15 with respect to individuals covered by article 14 who,
				on the effective date of retirement:
(1) have
				accrued at least 30 years of service credit; or
(2) have attained age 60 and who have accrued
				less than 20 years of credited service; or
(3) have attained age 60 and have accrued at
				least 25 years of credited service. For these three groups of individuals, the
				amount of service or vested retirement benefits payable will always be greater
				under the provisions of article 15 than they would be under the article 14
				calculation. Accordingly, benefits payable to these groups of individuals shall
				be calculated pursuant to the provisions of article 15, and such individuals
				shall not be required to file an election pursuant to this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 364 - Job Duties To Be Considered In Processing Disability Retirement Applications › Section 364.2 - Job descriptions

Current through Register Vol. 46, No. 28, July 10, 2024
The employer of an applicant shall, upon request by the New
				  York State and Local Police and Fire Retirement System or the New York State
				  and Local Employees' Retirement System, provide a written statement which
				  accurately describes the duties of the applicant, as well as the physical or
				  psychological requirements of the position, as provided in section
				  364.3 
				  of this Part. (The employer shall not merely provide the official Civil Service
				  job description for the title of individuals whose duties and job requirements
				  are not accurately described in the official Civil Service job
				  description).