Permits members of N.Y. state teachers' retirement system and N.Y. city teachers' retirement system to claim retirement credit for certain service in another state

Summary of specific provisions

Section 1 provides for the amending of subdivision 2 of section 509 of the education law by adding a new paragraph d, Paragraph d provides that members may obtain credit for up to ten years of certain teaching service rendered in another state, Credit will not be given for service for which the member is receiving or will be receiving benefit for under any other public or private retirement system or plan, in this state, any other state or from the federal government.

Section 2 provides that subdivision i of section 446 of the retirement and social security law be relettered as subdivision j.

Section 3 provides for the amending of section 446 of the retirement and social security law by adding a new subdivision k Subdivision k provides that members may obtain credit for up to ten years of certain teaching service rendered in another state, Credit will not be given for service for which the member is receiving or will be receiving benefit for under any other public or private retirement system or plan, in this state, any other state or from the federal government.

Section 4 provides for the amending of section 513 of the retirement and social security law by adding a new subdivision h, Subdivision h provides that members may obtain credit for up to ten years of certain teaching service rendered in another state provided the payments required pursuant to section 517 of this article are made, Credit will not be given for service for which the member is receiving or will be receiving benefit for under any other public or private retirement system or plan, in this state, any other state or from the federal government.

Section 5 provides for the amending of section 609 of the retirement and social security law by adding a new subdivision h. Subdivision h provides that members may obtain credit for up to ten years of certain teaching service rendered in another state provided the payments required pursuant to section 613 of this article and paragraph 2 of subdivision b of this section are made. Credit will not be given for service for which the member is receiving or will be receiving benefit for under any other public or private retirement system or plan, in this state, any other state or from the federal government.

Section 6 provides for the amending of subparagraph (d) of paragraph 3 of subdivision a of section 13- 505 of the administrative code of New York City. The amended subparagraph (d) provides that credit for prior service up to a maximum of fifteen years will be given only if application and payment is made within the first four years subsequent to membership in the New York City teachers' retirement system or before December 31, 2006, whichever is later.

Section 7 provides for the amending of subdivision a of section 13-505 of the administrative code of New York City by adding a new paragraph 9. Paragraph 9 provides that members may obtain credit for up to ten years of certain teaching service rendered in another state. Credit will not be given for service for which the member is receiving or will be receiving benefit for under any other public or private retirement system or plan, in this state, any other state or from the federal government.

Section 8 provides for an effective date.

Justification

Since the Retirement System was established in 1921, Tier I members of the New York State Teachers' Retirement System have been able to claim credit for up to ten years of public school teaching service performed in another state. However, Tier II, III IV, and V members who were employed to provide teaching services in another state are not able to claim credit for their years of service. If their out-of-state services would constitute teaching service in New York State, then the members should be granted credit for such service. The knowledge and experience gained through these experiences is of great benefit to New York State's students and educational system. Enactment of this bill would correct this inequity by allowing such members to claim retirement credit for teaching service rendered while in the employ of a teaching establishment.

Prior legislative history

2007-08: A.7343; Referred to Governmental Employee Committee 2005-06: A.6894; Held for consideration in Governmental Employees Committee 2003-04: A.5960; Held for consideration in Governmental

Employees Committee 2001-02: A.6713; Held for consideration in Governmental Employees Committee

Fiscal implications

$147.9 Million

Effective date

Immediate.