N.Y. Comp. Codes R. & Regs. tit. 21 § 5000.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5000.1 - General provisions

(a) All applications for membership, retirement, optional selections, loans, refunds, military service credit, prior service credit, transfer, and designation of beneficiary shall be made on appropriate forms to be furnished by the system and must be received at the system's office to be effective. Provided, however, whenever a statute requires that a document must be filed or moneys deposited with the system within a prescribed period of time or by a specified date in order for a member to be eligible for service credit or a benefit from the system, the document shall be deemed filed or the moneys deposited with the system on the day they are mailed through the United States Postal Service provided the mailing is by registered or certified mail. Notwithstanding these provisions, no such document shall be deemed filed or moneys deposited with the system on the day of mailing unless actually received by the system as a result of such mailing.

(b) All regularly employed (on a per annum basis) full-time teachers, as provided in subdivision 4 of section 501 of the Education Law, shall be required to become members of the system.

(c) Membership in the system, as set forth in subdivision (b) of this section, shall become effective when full-time employment commences whether or not application for membership is made.

(d) Membership shall be optional on an individual basis for any class of teachers, as provided in subdivision 4 of section 501 of the Education Law, whose compensation is only partly paid by the employer or who are serving on a temporary or any other than a per annum basis.

(e) Commencing July 1, 2004, membership which is optional pursuant to subdivision (d) of this section shall commence on the earlier of:

(1) the first day of a month during which a membership application is notarized, provided the individual has rendered teaching service during that month and the membership application is filed within a reasonable time after it has been notarized; or

(2) the first day of a month during which the individual renders teaching service eligible for membership pursuant to subdivision (d) of this section on which the employer has withheld member contributions mandated pursuant to section 613 of the Retirement and Social Security Law, provided such service has been reported by the employer to the system.

(f) Notwithstanding any provision of this plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code of 1986, as amended.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5000.1