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 5025.3 - Application for reinstatement of prior membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A member may apply for reinstatement of a
				prior membership in a public retirement system by filing the form provided to
				such member by the system duly signed by the member and acknowledged by a
				notary public or, upon joining or rejoining the system, by completing the
				appropriate portion of a membership application filed with the
				system.
(b) Where a member is
				required to repay amounts previously refunded at the time such prior membership
				in a public retirement system ceased as a condition to reinstatement of such
				prior membership, such amounts, together with interest thereon, must be paid in
				a lump sum.
(c) A member of this
				system subject to article 14 or 15 of the Retirement and Social Security Law
				may not obtain reinstatement of a prior membership not subject to either
				article unless and until such member shall have repaid in full any loan of the
				member's accumulated contributions pursuant to either such article, as
				applicable.
(d) A member of this
				system shall be entitled to have a prior membership in a public retirement
				system reinstated, notwithstanding transfer of such membership to another
				public retirement system of the State, provided such membership shall have
				ceased following transfer by reason of insufficient service, withdrawal of
				accumulated contributions, or withdrawal of membership.
(e) No member of the system entitled to
				reinstatement of a prior membership in a public retirement system shall be
				entitled to credit for service rendered prior to the date the member last
				joined the system where the member is receiving a benefit or entitled to
				receive in the future a benefit from any public retirement system of the State
				or any other state for such service.
(f) A member who was retired from this system
				for service or with a deferred vested benefit shall be deemed a member, and not
				a retiree, of a public retirement system for the purposes of this Part only if
				the member shall have elected the provisions of paragraph b of subdivision 11
				of section
				503 of the
				Education Law. Upon reinstatement, however, any such member with an original
				date of membership prior to June 30, 1973 shall be entitled to all the rights,
				benefits and privileges to which such member would have been entitled, had the
				member entered into membership in the system on June 30, 1973.
(g) A member may apply for reinstatement of a
				prior membership date at retirement. In such event, the following procedure
				shall apply:
(1) s/he shall be retired under
				his/her existing membership date unless or until s/he files a confirmation of
				his/her intention to be reinstated to a prior membership as provided
				herein;
(2) if the system
				determines based upon the information provided to it by him/her or a review of
				his/her file with the system that s/he is eligible for reinstatement, it shall
				so notify him/her and s/he shall thereafter have 30 days within which to file a
				confirmation of his/her intention to be reinstated to a prior membership
				date;
(3) his/her confirmation of
				his/her intention to be reinstated to a prior membership date shall be on a
				form provided to him/her by the system duly signed by him/her and acknowledged
				by a notary public; such confirmation upon filing with the system shall be
				irrevocable;
(4) his/her right to
				confirm his/her intention to be reinstated to a prior membership date shall be
				extinguished on the occurrence of the earliest of:
(i) his/her death;
(ii) the expiration of the 30-day period from
				the notification of his/her eligibility for reinstatement; or
(iii) the date on which his/her retirement
				benefit is finally determined (i.e., "final close-out");
(5) this subdivision shall have no
				application to a member who has already been reinstated to a prior membership
				date or to a member who last joined on or after July 27, 1976 and whose loan
				pursuant to section 517-b or 613-a has not been repaid in full no later than 30
				days following the member's effective date of retirement.