reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5016 - Election Of Delegates To Annual Convention › Section 5016.3 - Alternates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each delegate
				may have an alternate. The vote for the delegate candidate shall constitute a
				vote for the corresponding alternate candidate.
(b) If the delete position becomes vacant for
				any reason, the system shall be provided with reasonable notice. The
				corresponding alternate, if any, shall automatically assume the delete position
				in such event.
(c) If the delegate
				is unable to attend the annual convention and exercise his or her voting right,
				the corresponding alternate may attend and exercise such voting right provided
				the system receives reasonable notice.
(t) Any failure to have a corresponding
				alternate for a delegate shall not disqualify the delegate from serving as a
				delegate. If the delegate relinquishes his or her position and there is no
				corresponding alternative, the delegate position will remain vacant until it
				can be filled either during a special election or during the next regular
				election, whichever occurs first.
(e) No member of the system may be elected to
				more than one position.
(f) In no
				case shall a delegate, or corresponding alternate acting in his or her stead,
				have more than one vote.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5016 - Election Of Delegates To Annual Convention › Section 5016.4 - Election procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Election of delegates shall be held in odd-numbered years no earlier than March
				1st and no later than June 1st in accordance with rules adopted by the chief
				administrative officer of each territorial unit or his designee.
(b) Each delegate and the corresponding
				alternate shall be elected by secret ballot. A vote for the delegate candidate
				shall constitute a vote for the alternate candidate. The candidate for delegate
				receiving a plurality of the votes cast shall be deemed elected as delegate.
				The individual nominated to be the alternate for such delegate candidate shall
				be deemed to be elected as alternate. If the territorial unit is entitled to
				more than one delegate, the voters shall cast a vote for sufficient persons in
				the number needed to represent the territorial unit, and those candidates
				receiving the most votes and their corresponding alternates shall be declared
				elected.
(c) Each delegate and
				alternate must be a member of the system and employed as a teacher in the
				territorial unit which he or she represents.
(d) The chief administrative officer or his
				designee shall file with the Retirement Board, no later than July 1st on a form
				prescribed by the Retirement Board, a certificate containing the names and
				addresses of the delegates and the alternates elected to the annual convention,
				and such other information as may be required by the Retirement
				Board.
(e) The chief administrative
				officer or his designee shall furnish each delegate with a copy of said
				certificate of election.
(f) If
				both the delegate position and its corresponding alternate position became
				vacant, a special election shall be held, no later than October 1st, in the
				same manner as the regular election to fill the remaining portion of the term
				and the chief administrative officer or his designee shall, no later than
				October 6th, file with the Retirement Board a certificate of election and shall
				furnish the delegate so elected with a copy of said certificate of
				election.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5017 - Amendment Of Rules And Regulations › Section 5017.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations may be amended by a majority vote
				  of the entire retirement board at any duly called meeting, provided notice of
				  the substance of the amendment is mailed to the members of the retirement board
				  at least seven days prior to the date of the meeting.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5018 - Actuarial Assumptions › Section 5018.1 - Valuation rate of interest, salary scale and COLA assumptions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of performing the annual valuation of the
				  Retirement System, the valuation rate of interest shall be 7.25 percent, the
				  assumed rate of COLA increase shall be 1.50 percent, and the salary scale
				  assumption shall be as follows:
Salary Scale
Duration
Rate
Duration
Rate
1
1.1000
21
1.0272
2
1.0700
22
1.0263
3
1.0606
23
1.0254
4
1.0522
24
1.0245
5
1.0472
25
1.0237
6
1.0445
26
1.0229
7
1.0431
27
1.0222
8
1.0422
28
1.0215
9
1.0415
29
1.0210
10
1.0407
30
1.0206
11
1.0398
31
1.0202
12
1.0387
32
1.0200
13
1.0375
33
1.0195
14
1.0361
34
1.0193
15
1.0346
35
1.0190
16
1.0331
36
1.0186
17
1.0317
37
1.0180
18
1.0304
38
1.0176
19
1.0293
39
1.0176
20
1.0282
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5018 - Actuarial Assumptions › Section 5018.5 - Interest rate for calculation of service retirement benefit

Current through Register Vol. 46, No. 28, July 10, 2024
The lump sum payment of a de minimus service retirement
				  benefit pursuant to section
				  537 of the
				  Education Law shall be calculated using the percentage interest rate on 10-year
				  United States treasury obligations as of January 1st of the calendar year of
				  the effective date of retirement truncated to two decimal
				  places.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5018 - Actuarial Assumptions › Section 5018.6 - Compliance with IRC section 415

Current through Register Vol. 46, No. 28, July 10, 2024
In connection with the system's compliance with section
				  415 of the Internal Revenue Code which
				  limits contributions to or benefits paid by the system:
(a) the interest rate and mortality tables
				used in determining the application of the defined benefit limitations of IRC
				section 415(b) shall be the interest rate and morality tables prescribed by the
				Secretary of the Treasury of the United States pursuant to IRC section
				415(b)(2)(E)(v)p;
(b) the combined
				plan fraction rule of former subsection (e) of IRC section 415 governing the
				implementation of the defined benefit and defined contribution limitations of
				said section in cases where a member of the system concurrently participates in
				a defined contribution plan maintained by an employer participating in the
				system shall not apply;
(c) the
				limitation of section 415(b)(1)(B) providing that a member's benefit may not
				exceed 100 percent of the member's average compensation for the member's high
				three years shall not apply;
(d)
				the limitations in IRC section 415(b)(2)(C) and (b)(5) on the amount of
				benefits which may be paid by the system with respect to any member shall not
				apply to any benefit payable to the member as a result of the member becoming
				disabled by reason of sickness or personal injuries or payable to a
				beneficiary, survivor or estate of the member by reason of the death of a
				member; and
(e) the rules of IRC
				section 415(n) relating to the application of the IRC section 415 limitations
				on benefits paid by and contributions to the system in circumstances where a
				member has purchased or seeks to purchase service credit as permitted under
				law, which rules, among other things, permit the system to apply the defined
				benefit limitation of IRC section 415(b) to the member's entire benefit without
				regard to member contributions to purchase service credit, shall
				apply.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.1 - Additional definitions as used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Records
shall mean any
				information kept, held, filed, produced or reproduced by, with or for the
				system.
(b)
Records access
				officer
shall mean the system's officer or his or her authorized
				designee, responsible for public information and compliance with the Freedom of
				Information Law and the Personal Privacy Protection Law.
(c)
Records appeals officer
shall mean the system's Managing Director of Operations or his or her
				authorized designee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.2 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part, governing public and personal access to certain
				  records of the system, is promulgated solely for the purpose of implementing
				  the provisions of the Freedom of Information Law and the Personal Privacy
				  Protection Law. Nothing in this Part shall be deemed to require the system to
				  reduce any information to physical form or create any record not possessed or
				  maintained by it.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.3 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Any application to inspect, copy, correct or amend
				  information from records pursuant to this Part shall be made in person or in
				  writing to the system's Records Access Officer, 10 Corporate Woods Drive,
				  Albany, NY 12211-2395. Upon such application, the records access officer
				  shall:
(a) Be available to individuals
				and members of the public to receive and process requests for access to records
				during the hours prescribed by this Part.
(b) Impose the statutory fee for copies of
				records as established in this Part.
(c) Upon request, certify a copy as being
				true and correct.
(d) Upon request,
				and upon failure to locate records, certify that:
(1) the system does not have possession of
				such records; or
(2) such records
				cannot be found after a diligent search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.4 - Times and places for inspecting records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for inspection and copying by
				  individuals and members of the public on each day that the offices of the
				  system, located at 10 Corporate Woods Drive, Albany, NY 12211-2395, are open
				  for the transaction of business during all regular business hours. Records
				  shall be inspected at the location for the inspection of records designated by
				  the records access officer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.5 - Procedures governing inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
The inspection and copying of records shall be made in the
				  following manner:
(a) Requests by
				members of the public for access to records shall be made to the records access
				officer.
(b) Members of the public
				shall be required to submit any such requests on forms prepared by the records
				access officer. A request shall reasonably describe the records
				sought.
(c) Within five business
				days of the receipt of the request for a record reasonably described, the
				records access officer shall:
(1) make such
				record available to the requestor;
(2) deny such request in writing;
				or
(3) furnish a written
				acknowledgment of the receipt of such request and a statement of the
				approximate date when such request will be granted or denied.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall maintain a reasonably
				  detailed current list, by subject matter, of all records in the system's
				  possession, regardless of whether such records are available pursuant to the
				  Freedom of Information Law or the Personal Privacy Protection Law. Such list
				  shall be posted on the system's website (www.nystrs.org).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.7 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person whose request for access to, or
				correction or amendment of his or her records is denied by the records access
				officer, may within 30 days appeal, in writing, such denial to the Director of
				Administration of the system, 10 Corporate Woods Drive, Albany, NY 12211-2395,
				who shall be the system's records appeals officer. The duties of the records
				appeals officer are as follows:
(1) within 10
				business days after receipt of such appeal, the records appeals officer shall
				fully explain in writing to the person making the request the reasons for
				denial, or provide access to the records sought; and
(2) the records appeals officer shall
				immediately forward to the State Committee on Open Government a copy of such
				appeal and the determination thereon.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.8 - Copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The fee for
				copies of records is hereby fixed at 25 cents for each page or portion of a
				page measuring up to 9 x 14 inches. Fees for computer printouts or other copies
				exceeding 9 x 14 inches shall be reasonably commensurate with the cost to the
				system of producing the same. Copies will be made only when the required fee is
				paid to the records access officer.
(b) Copying may be done only by system
				personnel, and will be done only when such copying will not delay the use of
				system mechanical reproduction equipment for system business.
(c) In determining the actual cost of
				reproducing a record, the system may include only:
(1) an amount equal to the hourly salary
				attributed to the lowest paid system employee who has the necessary skill
				required to prepare a copy of the requested record;
(2) the actual cost of the storage devices or
				media provided to the person making the request in complying with such
				request;
(3) the actual cost to the
				system of engaging an outside professional service to prepare a copy of a
				record, but only when the system's information technology equipment is
				inadequate to prepare a copy, if such service is used to prepare the copy;
				and
(4) preparing a copy shall not
				include search time or administrative costs, and no fee shall be charged unless
				at least two hours of system employee time is needed to prepare a copy of the
				record requested. A person requesting a record shall be informed of the
				estimated cost of preparing a copy of the record if more than two hours of a
				system employee's time is needed, or if an outside professional service would
				be retained to prepare a copy of the record.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5019 - Access To Public And Personal Records › Section 5019.9 - Records not available for inspection or copying

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything to the contrary contained in this
				  Part, the system shall not be required to make records available for public or
				  personal inspection or copying that are:
(a) exempted from disclosure under the
				Freedom of Information Law, the Personal Privacy Protection Law, or any other
				applicable State or Federal law; or
(b) not otherwise required to be made
				available for inspection under the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5020 - Disability Retirement Determinations › Section 5020.1 - Standard for determining disability retirement for members who last joined the system prior to July 27, 1976, and who meet the eligibility requirements of section 511 of the Education Law

Current through Register Vol. 46, No. 28, July 10, 2024
It must be determined that the member is totally and
				  permanently disabled and was so disabled at the time the member ceased
				  performance of duties. To be deemed totally disabled, it must be concluded that
				  the member is unable to perform all the substantial and material acts necessary
				  to the prosecution of teaching duties in a customary and usual manner. To be
				  deemed permanently disabled, the condition must be such to justify a deduction
				  that any recovery by the member is far removed in the future and that the end
				  of the disability cannot be foreseen for at least one year. In addition, total
				  disability is not permanent if, during the period for which recovery is sought
				  or at any time thereafter, the member may alleviate or control the condition by
				  availing himself of a standard treatment which is not inherently dangerous. The
				  member shall have the burden of establishing all of the foregoing to the
				  satisfaction of the Retirement Board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5020 - Disability Retirement Determinations › Section 5020.2 - Standard for determining disability retirement for members joining on or after July 27, 1976, but before September 1, 1983, and who meet the eligibility requirements of sections 506 and/or 507 of the Retirement and Social Security Law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Tier III
				member (membership commenced on or after July 1, 1976, but before September 1,
				1983), who meets the eligibility requirements of section
				506 of the Retirement and Social Security
				Law, shall be eligible for an ordinary disability benefit if such member has
				been determined to be eligible for primary social security disability
				benefits.
(b) A Tier III member who
				meets the eligibility requirements of section
				507 of the Retirement and Social Security
				Law shall be eligible for an accidental disability benefit if it is determined
				that such member was disabled as the natural and proximate result of an
				accident sustained in active service and not caused by the member, and if such
				member has been determined to be eligible for primary social security
				disability benefits.
(c) In lieu of
				the disability benefit set forth in subdivisions (a) and (b) of this section, a
				Tier III member who also meets the eligibility requirements of section
				605 of the Retirement and Social Security
				Law may elect the disability benefit set forth in that section, to be
				determined in accordance with the provisions of section
				5020.3 of this Part. However, in
				the event of such an election, the member will receive only the benefits
				provided under article 15 of the Retirement and Social Security Law, and may
				not mix the provisions of article 14 and article 15 to change the eligibility
				requirements for a benefit under either article.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5020 - Disability Retirement Determinations › Section 5020.3 - Standard for determining disability retirement for members joining on or after September 1, 1983, who meet the eligibility requirements of section 605 of the Retirement and Social Security Law

Current through Register Vol. 46, No. 28, July 10, 2024
In order for a member to be entitled to disability retirement
				  under section
				  605 of the Retirement and Social Security
				  Law, it must be determined that the member is totally and permanently disabled,
				  and that the member was so disabled at the time he ceased performance of
				  duties. To be deemed totally disabled, it must be concluded that the member is
				  physically or mentally incapacitated for the performance of gainful employment.
				  Gainful employment, as used in this section, shall be physical and/or mental
				  activity which a member is regularly able to engage in as a means of earning a
				  living. To be deemed permanently disabled, the condition must be such to
				  justify a deduction that any recovery by the member is far removed in the
				  future and that the end of the disability cannot be foreseen for at least one
				  year. In addition, total disability is not permanent if, during the period for
				  which recovery is sought or at any time thereafter, the member may alleviate or
				  control the condition by availing himself or herself of a standard treatment
				  which is not inherently dangerous. The member shall have the burden of
				  establishing all of the foregoing to the satisfaction of the Retirement
				  Board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5020 - Disability Retirement Determinations › Section 5020.4 - Procedures for determining initial entitlement of an applicant to disability retirement and to continued entitlement to disability retirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Medical Board appointed pursuant to
				subdivision 6 of section
				507 of the
				Education Law shall review applications for disability retirement and make a
				recommendation approving or disapproving each application and shall annually,
				or at such other time as it shall determine, review the case of each disability
				retiree and make a recommendation either to rescind or continue the disability
				retirement.
(b) The Medical Board
				may designate other physicians to make such medical examinations as it may
				require. Should any disability applicant refuse to submit to such medical
				examination, the application shall be summarily denied, and should any
				disability retiree refuse to submit to such medical examination, the disability
				retirement shall be automatically terminated and all rights to his disability
				retirement allowance shall be forfeited.
(c) A member who:
(1) has duly filed an application for
				disability retirement;
(2) has
				validly elected, as applicable, the declining reserve option or the alternative
				option providing for the payment of a lump sum only; and
(3) is otherwise eligible to retire for
				disability pursuant to section
				511 of the
				Education Law or section
				605 of the Retirement and Social Security
				Law;
shall be eligible to have such optional allowance paid in
				  lieu of any active service death benefit, notwithstanding the member's death
				  before the retirement becomes effective, provided it is established the cause
				  of the member's death is directly related to the member's physical or mental
				  incapacitation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5020 - Disability Retirement Determinations › Section 5020.5 - Appointment of alternates to the Medical Board

Current through Register Vol. 46, No. 28, July 10, 2024
The Retirement Board may appoint an alternate for each of the
				  doctors appointed to the Medical Board. The alternate shall be board-certified
				  in the medical specialty of the doctor for whom s/he will serve as alternate.
				  In the event that one of the appointed doctors is unable to attend a regularly
				  scheduled Medical Board meeting, the alternate shall be notified and, whenever
				  possible, shall serve in the doctor's place. The alternate shall have the same
				  powers and privileges as the appointed doctor whenever s/he is serving on the
				  Medical Board in the appointed doctor's place.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The member of the Retirement Board who is a retired teacher
				  shall be elected in accordance with the procedures hereinafter set forth. The
				  regular election for the position of retired teacher member of the Retirement
				  Board shall be held in October 1998 and in October of every third year
				  thereafter. The retired teacher member of the Retirement Board elected in the
				  regular election shall serve a term of three years commencing January 1st of
				  the year next following the year in which the election is
				  held.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.2 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The retired member of the Retirement Board must be a retired
				  member of the New York State Teachers' Retirement System. Any candidate or
				  alternate candidate for election to the position of retired member of the Board
				  must have retired no later than the first day of July of the year in which the
				  election for the position is held.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.3 - Nominating process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The system
				will announce the impending election of the retired member of the Retirement
				Board in the issue of Resource published in the spring of the year in which the
				election is held.
(b) A form of
				nominating petition shall be prepared by the system and shall be made available
				following the publication of the Resource, but no later than the first day of
				July.
(c) All nominating petitions
				must be filed with the system no later than the 15th day of August.
(d) The nominating petition on behalf of each
				candidate must be signed by not less than 100 retired members of the
				system.
(e) The nominating petition
				shall:
(1) set forth the position and term of
				office;
(2) contain the name and
				address of the candidate and the name and address of the alternate
				candidate;
(3) be accompanied by a
				notarized written acceptance of the nomination by the candidate named in the
				petition; and
(4) be accompanied by
				a notarized written statement of the retired member named as the alternate
				candidate to the effect that, in the event of the death, disability,
				disqualification or withdrawal/resignation of the candidate prior to the
				election or from the position of retired teacher member of the Retirement Board
				following election, s/he shall accept the nomination or serve on the Retirement
				Board in such contingency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.4 - Candidate mailings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				system will implement one mailing for each qualified candidate who so requests
				and makes payment therefor.
(b) A
				mailing by the system shall be requested by a candidate on a form prescribed by
				the system filed no later than the first day of September in the year in which
				the election is held.
(c) The
				system shall determine the cost of the requested mailing and shall notify the
				candidate of same in writing. The cost of the mailing to be paid by the
				candidate shall include all postage and material costs, as well as the cost of
				system personnel required to implement the mailing. Payment shall be made by
				bank or certified check which must be received by the system no later than the
				10th day of September.
(d) It shall
				be the responsibility of any candidate desiring to merge the mailing on the
				candidate's behalf with the mailing on behalf of another candidate or
				candidates to obtain the approval of such other candidate(s), which approval
				must be in writing and filed with the system no later than the first day of
				September. In the event of a merged mailing, the system shall allocate the cost
				of the mailing on such basis as it determines to be equitable.
(e) The system reserves the right to bill and
				collect from any candidate any additional or unforeseen costs not covered by a
				candidate's payment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.5 - Election

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All retired
				members of the New York State Teachers' Retirement System as of October 1st of
				the year in which the election is held shall be entitled to vote in the
				election.
(b) The election shall be
				by secret written ballot in a form prescribed by the system.
(c) The names of candidates and alternate
				candidates on the ballot shall be listed in the order in which the petitions on
				their behalf have been filed with the system.
(d) Ballots shall be mailed by first class
				mail on or after the first day of October but no later than the 15th day of
				October.
(e) In order to be
				eligible to be counted in the election, ballots must be delivered by the 31st
				day of October or sent by mail postmarked no later than the 31st day of October
				and received no later than the Saturday before the day on which the election is
				certified. All ballots shall be delivered or mailed to a location within New
				York State designated by the system for the purposes of counting the ballots
				and certifying the election.
(f) If
				only one candidate is nominated, no election shall be held and the candidate
				shall be deemed to have been elected.
(g) Anything in the foregoing to the contrary
				notwithstanding, the Retirement Board may by resolution establish an
				alternative procedure for the conduct of an election by electronic, telephonic
				or other means which provide comparable security and convenience for voting by
				retired teachers.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.6 - Counting ballots and certifying the election

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board of Elections shall consist of
				two active or retired members of the system appointed by each candidate and a
				chair appointed by the president of the Retirement Board. Candidate
				appointments shall be made by filing the names and addresses of such
				candidate's appointees on a form prescribed by the system with the system no
				later than the 15th day of September in the year in which the election is held.
				The president of the Retirement Board shall appoint an active or retired member
				of the system to serve as Chair of the Board of Elections by filing a written
				designation with the system. No member of the Board of Elections shall be a
				candidate or alternate candidate.
(b) No later than the 15th day of October,
				the system shall notify the members of the Board of Elections in writing of
				their appointment and of the date and time for the counting of the
				ballots.
(c) The ballots shall be
				counted in accordance with a written procedure established by the system. On
				the second Monday in November, the Board of Elections shall meet at the
				location within New York State established by the system for the purpose of
				certifying the election of the candidate receiving the highest number of valid
				ballots cast in the election.
(d)
				The members of the Board of Elections shall be reimbursed for reasonable
				expenses actually incurred in accordance with the system's written
				reimbursement policies.
(e) The
				Chair of the Board of Elections shall notify the candidate so elected within
				five days after the Board of Elections certifies the election of such
				candidate.
(f) If, by reason of a
				tie vote, no candidate can be certified by the Board of Elections as having
				won, the Board of Elections shall certify the tie vote and order a special
				election to be held in accordance with the procedures set forth in section
				5021.7 of this Part.
(g) Ballots shall be preserved by the system
				for at least 90 days after such certification pursuant to a written procedure
				established by the system. No recount of the ballots shall be required except
				upon written petition of a candidate or alternate candidate or of 100 retired
				members of the system eligible to vote in such election. Such petition must be
				filed with the system no later than 30 days after the date on which the ballots
				were counted. Any recount shall be at the expense of the person(s) requesting
				the recount paid in advance, unless the margin by which a candidate was elected
				is less than one percent of the votes cast, in which event the cost of the
				recount shall be borne by the system.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.7 - Procedures in the event of a tie vote

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A ballot shall be prepared setting forth
				the names of the candidates and alternate candidates who tied and listing them
				in the order in which they appeared on the original ballot.
(b) Ballots shall be mailed by first class
				mail to all retired members of the system eligible to vote in the regular
				election during the month of November as soon as reasonably practical after the
				tie vote has been certified.
(c)
				All ballots must be delivered or mailed to the location within New York State
				established by the system. In order to be counted in the special election,
				ballots must be delivered or sent by mail postmarked no later than the 14th day
				of December and received no more than one day (exclusive of Sunday) prior to
				the certification of the election.
(d) The Chair of the Board of Elections shall
				fix a date and time mutually convenient for the members of the board, but no
				later than the 31st day of December in the year in which the election is held,
				to certify the election in accordance with the procedures set forth in section
				5021.6 of this Part. For the
				purposes of this section, however, the Board of Elections shall consist of the
				chair and those appointees of the candidates standing for the special
				election.
(e) The Board of
				Elections shall certify the election of the candidate receiving the highest
				number of valid ballots cast in the election and the Chair of the Board of
				Elections shall give written notice to the candidate so elected as soon as
				reasonably practicable after such certification. In the event of a tie, the
				winner of the election shall be determined by the Board of Elections by
				lot.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5021 - Election Of System Retiree To The Retirement Board › Section 5021.8 - Vacancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
				the position of retired member of the Retirement Board becomes vacant by reason
				of death, disability, disqualification or resignation, the President of the
				Retirement Board shall notify the alternate candidate to such retired member at
				the time such member was last elected to the Retirement Board of such vacancy
				and shall request such alternate candidate to serve out the unexpired term of
				such retired member of the Retirement Board.
(b) If the alternate candidate is unwilling
				or unable to serve out such unexpired term or, after assuming office,
				thereafter dies, becomes disabled, is disqualified or resigns, the President of
				the Retirement Board shall request the three members of the Retirement Board
				who were elected from among the active members of the system to appoint a
				retired member of the system to serve out the remainder of such unexpired term.
				The appointment shall be made by an unanimous written declaration filed with
				the system naming the retired member so appointed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5022 - Direct Rollover Of Eligible Rollover Distributions › Section 5022.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is intended to implement the system's compliance
				  with section 401(a)(31) of the Internal
				  Revenue Code, as added pursuant to the Unemployment Compensation Act Amendments
				  of 1992, Public Law
				  102-318, 106 Stat. 290, and as thereafter amended.
				  This Part applies to distributions made on or after January 1,
				  1993.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5022 - Direct Rollover Of Eligible Rollover Distributions › Section 5022.2 - General provision

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any provision of these rules and regulations
				  to the contrary that would limit a distributee's election under this Part, a
				  distributee may elect, at the time and in the manner prescribed by the system,
				  to have all or any portion of an eligible rollover distribution paid directly
				  to an eligible retirement plan specified by the distributee in a direct
				  rollover.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5023 - Employment Of Retired Teachers › Section 5023.1 - Application of Retirement and Social Security Law, section 212

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A retired
				teacher who enters into a position in public service, other than a retired
				teacher who has not attained age 65 in a calendar year and is employed in a
				substantially full-time position of public service under which the retired
				teacher will earn more than the amount permitted under section
				212 of the Retirement and Social Security
				Law during such calendar year or who is not permitted under the provisions of
				the Internal Revenue Code, and the rules and regulations promulgated
				thereunder, to receive a retirement allowance while being employed in public
				service, shall be entitled to elect the benefits of section
				212 of the Retirement and Social Security
				Law. Such retired teacher shall be presumed to have elected the benefits of
				section
				212 of the Retirement and Social Security
				Law. Such presumption, however, shall not apply to a retired teacher who earns
				or purchases retirement credit in a public employee retirement system of this
				State for such service.
(b) A
				retired teacher who has elected the benefits of section
				212 of the Retirement and Social Security
				Law shall receive his/her retirement allowance during the portion of a calendar
				year in which s/he earns an amount in such calendar year which is no greater
				than the maximum amount permitted under section 212. However, if such retired
				teacher earns any amount in excess of the maximum amount in a calendar year,
				his/her retirement allowance shall be suspended for the period during which
				such excess amount is earned.
(c) A
				retired teacher who has not attained age 65 during a calendar year and enters
				into a regular position in public service under which the retired teacher will
				earn more than the amount permitted under section
				212 of the Retirement and Social Security
				Law during such calendar year shall notify the system upon entering into such
				employment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5023 - Employment Of Retired Teachers › Section 5023.2 - Reporting earnings subject to Retirement and Social Security Law, section 212

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A retired
				teacher who is eligible to elect the benefits of section
				212 of the Retirement and Social Security
				Law shall not be required to file a statement of election pursuant to said
				section.
(b) In lieu of the
				statement of election, where a retired teacher expects to earn or has earned
				from public service during a calendar year any amount greater than the maximum
				amount permitted by section 212 to be earned from public service during such
				calendar year, such retired teacher shall provide written notice to the system
				containing the following information:
(1)
				said teacher's name and address;
(2) said teacher's retiree number;
				and
(3) the gross earnings of said
				teacher to date from public service during the calendar year, together with the
				name of the employer(s) by whom said teacher was employed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5023 - Employment Of Retired Teachers › Section 5023.3 - Contribution obligation of certain retired teachers who rejoin the system upon a return to teaching service

Current through Register Vol. 46, No. 28, July 10, 2024
The following rules shall apply in the case of certain
				  retired teachers who rejoin the system upon a return to teaching service with a
				  participating employer:
(a) A system
				retiree whose date of membership at retirement was on or after July 27, 1976
				but prior to January 1, 2010 shall not be required to contribute to the system
				unless such retiree had not attained either 10 years of service and/or 10 years
				of membership at retirement. In such event, the retiree shall contribute at the
				rate of three percent of wages, but only until the retiree shall have attained
				10 years of service credit or, if earlier, 10 years of membership based upon
				the member's date of membership and service at retirement or, if earlier, until
				such retiree again retires.
(b) A
				system retiree whose date of membership at retirement was on or after January
				1, 2010 shall contribute at the rate of 3.5 percent of wages until such retiree
				again retires.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5024 - Accelerated Death Benefit › Section 5024.1 - Implementation of accelerated death benefit

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements subdivision 9 of section
				  511 of the
				  Education Law added by chapter 616 of the Laws of 1998. That provision enables
				  certain members who are eligible to be retired for disability (disregarding any
				  service requirement) to receive, while still living, the death benefit that
				  would have been paid pursuant to Education Law, section 512 or Retirement and
				  Social Security Law, sections 448, 508 or 606, as applicable, had the member
				  died on the member's last day on the payroll in full pay status. In other
				  words, the applicable death benefit is not paid after the member's death but is
				  accelerated and paid during the member's lifetime. The accelerated death
				  benefit provided pursuant to the provision is expressly in lieu of any
				  disability retirement benefit, including any optional survivor benefit, to
				  which the member would otherwise have been entitled. The member, however, is
				  otherwise treated as having been retired for disability.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5024 - Accelerated Death Benefit › Section 5024.2 - Certain terms defined

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of subdivision 9 of section
				  511 of the
				  Education Law and this Part:
(a)
				terminal illness means an illness or medical condition resulting in a life
				expectancy of no more than 12 months;
(b) a medical condition requiring
				extraordinary care or treatment means a disabling condition which is grave and
				results in the member being indefinitely unable to perform (without substantial
				and continuous assistance from another individual) the activities of daily
				living or in being indefinitely confined to a hospital or nursing home pursuant
				to a recognized program of treatment; and
(c) an activity of daily living includes, but
				is not limited to, eating, toileting, transferring, bathing, dressing and
				continence.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5024 - Accelerated Death Benefit › Section 5024.3 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for
				the accelerated death benefit shall be made by filing a disability retirement
				application with the system.
(b) An
				accelerated death benefit may be paid if the member would have been eligible
				for the death benefit on the date the disability application is filed with the
				system.
(c) Once the member has
				been determined to be eligible to be retired for disability and the member's
				disability retirement application has been approved by the Retirement Board,
				the member shall be notified by the system of such approval and of the member's
				right to elect the accelerated death benefit in lieu of the disability
				retirement benefit, if any, to which the member may otherwise be
				entitled.
(d) The election of the
				accelerated death benefit shall be made on a form provided by the system duly
				signed by the member and acknowledged by a notary public.
(e) In order to be effective, such election
				must be filed with the system no later than the latest of:
(1) 30 days following the date of
				notification pursuant to subdivision (c) of this section;
(2) the retirement date specified on the
				application; and
(3) the date the
				member was last paid on the payroll.
Any election filed by the member prior to the date of
				  notification shall be ineffective.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5025 - Reinstatement Of A Prior Membership In A Public Retirement System › Section 5025.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements section
				  645 of the Retirement and Social Security
				  Law added by chapter 640 of the Laws of 1998 providing for the reinstatement of
				  a prior membership in a public retirement system.