New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVIII - New York State Teachers' Retirement System › Part 5001 - Service Credit › Section 5001.1 - Definitions as used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				School year. A school year (July 1-June 30) shall be deemed one year for the
				purposes of service credit. However, a teacher will be entitled to one year of
				service credit where such teacher has been in the employ of a public school
				district for the full period the schools are required by law to be in session.
				No teacher will be entitled to more than one year's credit in any one school
				year.
(b) Employment base. The
				employment base for a given school year is the number of days a member will be
				employed during the year according to the terms of his agreement with the
				school district. The employment base shall in no case be less than 200
				days.
(c) Annualized contract
				salary. Annualized contract salary for a member who is employed full-time--the
				teacher is on a per annum contract and is required to work the entire regular
				daily school session--is the full-time annual rate of compensation of a member
				for his regular teaching duties (department chairman salary included); or, for
				a member employed less than full-time, the salary he would receive if he were
				employed on a full-time basis. All other monies, such as for coaching, night
				school, termination pay, etc., are not considered part of the contract salary.
				The annualized contract salary of a part-time SUNY or a part-time community
				college faculty member shall be the campus minimum for the particular full-time
				professional category in which the faculty member is employed. In the case of a
				part-time SUNY or a part-time community college faculty member who is employed
				on other than a per-hour or per-diem basis, if the annual salary which the
				faculty member would receive had s/he been employed on a full-time basis is no
				less than the campus minimum for the professional category in which such
				faculty member is employed, s/he is allowed the benefit of that full-time
				equivalent as an annualized contract salary.
(d) Termination pay. Termination pay is any
				payment received in anticipation of the termination of a member's employment,
				for any reason, or any payment for accrued sick leave, annual leave, deferred
				compensation, or other credits for time not worked.
(e) Salary received. Salary received is the
				total of all salary legally paid to a teacher, for all teaching
				duties.
(f) Salary earned. Salary
				earned is the total of all salary earned by a teacher for all teaching duties
				rendered during a school year, exclusive of termination pay.
(g) Service credit. Service credit earned in
				a given school year shall be determined as follows:
(Salary earned/Annualized contract salary) x Employment base
				  = Days of service credit, adjusted to the lower full day
(h) Anything in this Part to the contrary
				notwithstanding, commencing July 1, 2004:
(1)
				the number of days of service credit earned in a given school year shall not be
				determined pursuant to subdivision (g) of this section but shall be determined
				using the actual number of paid days (or parts thereof) of service as a teacher
				worked by the member and days of leave as determined pursuant to section
				5001.3 of this Part; and
(2) the term annual base pay rate shall be
				substituted for the term annualized contract salary wherever it appears in this
				Part.