N.Y. Comp. Codes R. & Regs. tit. 21 § 5008.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 5008.2 - Transfers to the system

(a) Eligibility.

(1) A member of this system who also is a member of another public retirement system in this State shall be eligible to transfer his/her membership in such other retirement to this system, provided that:

(i) s/he withdraws from the other retirement system;

(ii) at the time s/he withdraws from the other retirement system, s/he gives written notice to that system of his/her intention to transfer;

(iii) within one year of withdrawal, the member's accumulated contributions in the other retirement system are deposited in the system by such other system or by the member, as applicable.

(2) An individual who withdraws from another public retirement system in this State prior to joining this system shall be eligible to transfer his/her membership in such other retirement system to this system, provided that:

(i) at the time s/he withdraws from the other retirement system, s/he gives written notice to that system of his/her intention to become a member of this system; and

(ii) within one year of withdrawal, the individual's accumulated contributions in the other retirement system are deposited in the system by such other system or by the member, as applicable.

(b) Date of membership. The date of membership of an individual who transfers to this system shall be the date s/he joined this system or the date s/he joined the system from which s/he transferred, whichever is earlier.

(c) Service credit.

(1) A transferee will receive, for a school year, credit in this system for all service credited to the transferee in the transferee's former system for the same period. However, in no case may a member be credited with more than one year of service within a school year or be credited with concurrent service.

(2) A transferee to this system shall be deemed to have been a member of this system during the entire period of the transferee's membership in the system from which s/he transferred.

(d) Calculation of benefits.

(1) Should retirement occur within three years of the date of transfer and before the transferee has received three years of credit for teaching service with one or more participating employers of this system, the benefit based upon service transferred from the first retirement system cannot be greater than the benefit the transferee would have received had s/he remained a member of the first retirement system.

(2) The final average salary of a transferee who retires after receiving three years of credit for teaching service with one or more participating employers of this system, or who retires at least three years after the date of transfer, may be based on the salaries earned in either system or in both systems, whichever results in a greater allowance.

(3) The date of transfer as used hereinabove shall be the date the request to transfer was filed.

(e) Effect of transfer on obligation to make contributions pursuant to article 14 or 15 of the Retirement and Social Security Law. When a member subject to the provisions of article 14 or 15 of the Retirement and Social Security Law has a membership subject to either such article transferred to the system and such member's obligation to make contributions had not previously ceased by reason of section 902 (b) of the Retirement and Social Security Law, if applicable, the member's obligation to make contributions pursuant to either such article, if and to the extent section 902 (b) of the Retirement and Social Security Law is applicable, shall cease by reason of having attained 10 or more years of membership as of the later of:

(1) the first day of the plan year (July 1st to June 30th) in which the system receives certification of membership from the transfer system (or, if earlier, the first day of the plan year [July 1st to June 30th] in which the member requested a transfer from such system to the system); or

(2) the first day of the month next following the day on which the member attains 10 or more years of membership after giving effect to the transfer.

The right of the member to cease contributions by reason of having accumulated 10 or more years of credited service shall be determined pursuant to the rules in section 5001.8 of this Title.

(f) Effect of transfer on 3.5 percent contributions previously made pursuant to sections 609 and 613 of the Retirement and Social Security Law, as amended by chapter 504 of the Laws of 2009. When a member with a date of membership on or after January 1, 2010 has a membership with a date of membership on or after July 27, 1976 but before January 1, 2010 transferred to the system, such transfer shall not affect any 3.5 percent contributions made by such member prior to the first day of the plan year (July 1st to June 30th) in which the system receives certification of membership from the transferor system or, if earlier, the first day of the plan year (July 1st to June 30th) in which the member requested a transfer from such system to the system.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5008.2