New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.2 - Participation in public employee retirement systems

Current through Register Vol. 46, No. 28, July 10, 2024
A charter school may elect to treat its instructional
					 employees or its non-instructional employees, or both, as private employees for
					 purposes of retirement benefits or to have its instructional employees or its
					 non-instructional employees, or both, treated as public employees for
					 retirement purposes in accordance with the provisions of this section.
(a) A charter school shall be eligible to
				  become a participating employer in a public employee retirement system
				  participated in by the local school district in which the charter school is
				  located.
(b) A charter school
				  seeking to become a participating employer in a public employee retirement
				  system shall make application for admission to such system in the manner
				  prescribed by such system.
(c) Once
				  a charter school has been accepted as a participating employer by a public
				  employee retirement system, such participation may not be revoked by the
				  charter school. A charter school participating in a public employee retirement
				  system shall bear all the responsibilities and obligations of a participating
				  employer in such system. Among other things, the charter school shall be
				  responsible for the timely collection of employee contributions and the timely
				  payment of employer and employee contributions to the public employee
				  retirement system. A charter school shall also maintain such records of service
				  and compensation as may be required by the public employee retirement
				  system.
(d) Employees of a charter
				  school participating in a public employee retirement system shall be deemed
				  public employees for retirement purposes and eligible for admission to
				  membership in a public employee retirement system in which the charter school
				  participates on the same basis as comparable employees of the local school
				  district in which the charter school is located.
(e) In the event a charter school is admitted
				  as a participating employer in a public employee retirement system after it has
				  commenced operation, the employees of the charter school may be credited with
				  such prior service with the charter school as shall be certified by the charter
				  school to have been rendered to it and otherwise creditable in such system,
				  provided and only to the extent the applicable employer and employee
				  contributions for such service with applicable interest as determined by such
				  system have been paid to such system for such service.
(f) For the purposes of section 2855  of the Education Law, the material and
				  substantial failure of a charter school to make timely collection of employee
				  contributions and to make timely payment of employer and employee contributions
				  to a public employee retirement system shall constitute fiscal
				  mismanagement.