Delegate/Employer FAQs

1. What are the duties of a delegate?

The duties of a delegate include electing a teacher member to the NYS Teachers' Retirement System (NYSTRS) Board at the Annual Delegates Meeting held every November. The Board Member’s term runs three years and is a staggered term with a different member being up for election every year. The delegate may also act as a liaison between NYSTRS and the members of their school district/college.

2. What are the duties of an alternate delegate?

Alternate delegates serve as backups to their corresponding delegates. The alternate would attend the Annual Meeting in the delegate’s absence. Should the delegate vacate his/her position for any reason, the alternate would succeed the delegate and the alternate position would remain vacant until the next regular election. (Note: Delegates and alternates are elected as a ticket and cannot be split.)

3. What is used to determine delegate entitlement?

The number of delegates a school district/college is entitled to is determined by the number of NYSTRS members contractually employed there. “NYSTRS members contractually employed” is defined as per annum members who were employed in June of the previous school year and were credited with a full year of service.  Part-time members are not included in the count to determine delegate entitlements. The calculation for the delegate entitlement is the number of NYSTRS members employed divided by 200 and rounded to the nearest whole number, as follows:

4. What happens if a delegate and alternate position are both vacant?

A delegate/alternate position may only be filled during a Special Election, which is held every even year. A Special Election begins March 1 and continues through October 1 with results to be submitted through October 6 of even years. The term runs from when the delegate/alternate names are submitted to the end of a delegate’s normal 2-year term (July 31 of odd year). If an alternate position is vacated and the delegate remains, the vacant alternate position may not be filled.

5. How long of a term does the delegate/alternate serve?

The delegate/alternate serve a two-year term. The term during a Regular Election year begins on August 1 and runs for two years ending July 31 of the following odd year. The delegates elected through the Special Election serve out the remaining year of the two-year term served by a delegate elected through a Regular Election.

6. What if the number of nominated delegates/alternates equals the number of delegates a school district/college is entitled to; is it necessary to hold an election?

No election is necessary in this case. This is considered an uncontested election and the names of the delegate(s) and alternate(s) may be entered into the electronic system for submission. The date of election entry should be the date the interested delegate(s) and alternate(s) names were submitted to you.

7. Who pays the expenses for attendance at the Annual Delegates Meeting?

Under a Comptroller’s ruling, local school districts/colleges cannot pay expenses for meeting attendance; therefore, the expenses are the responsibility of the delegate/alternate. (Also see a State Education Department opinion and a ruling by the Commissioner of Education.) Delegates should contact their local bargaining units about possible reimbursement.

8. Can a retired member who works part-time as a teacher participate?

No, they cannot participate in an election or become a delegate/alternate. To participate in any capacity, a person must be an active member of NYSTRS.

9. Who runs the election?

It is the Superintendent/President’s responsibility to hold the election or designate someone to do so. Many schools/colleges have the election run by their local union. The only area mandated by the Education Law in the running of an election is that the election be held between the dates of March 1 and June 1 and that the results of the election be conveyed to NYSTRS no later than July 1.

10. What if there are fewer people nominated than the number of delegates the school district/college is entitled to?

If your school district/college does not receive enough interested members to equal the number of delegates, just submit the names of those interested. Should the school district/college receive any interested members for the vacant delegate position(s) at a later date, these vacancies may be filled the following year during the Special Election. Regular Elections are held in odd years and Special Elections are held in even years. A Special Election is held to fill any vacant delegate positions which may have been vacated either due to retirement, resignation, lack of interest previously, etc.

11. Are only “teachers” eligible to be nominated and also to vote for a delegate/alternate position?

The use of “teacher” is defined in the Education Law, Article 11 §501 as:

“Teacher” shall mean any regular teacher, special teacher, including any school librarian or physical training teacher, principal, vice-principal, supervisor, supervisory principal, director, superintendent, city professional staff of any class, public school, vocational school, truant reformatory school or parental school, and of any or all classes of schools within the state of New York, including schools on the Indian reservation, conducted under the order and superintendence of and wholly or partly at the expense of the New York State Education Department or of a duly elected board of education, board of school directors or board of trustees of the state or of any city or school district thereof, provided that no person shall be deemed a teacher within the meaning of this article who is not so employed for full time outside vacation periods.

This encompasses any NYSTRS member employed under an annual contract who is employed on a full-time or part-time basis – no per diem employees may be considered.

12. If a delegate does not have an alternate, can they still be elected?

Yes, it is not mandatory for a delegate to have an alternate. Should a delegate retire and there is not an alternate, the delegate position would be vacant until it could either be filled during the Special Election or during the next Regular Election.

13. What procedure is used for running a delegate election?

The election procedure is left to the discretion of each school district/college.

14. Is it mandatory for a delegate or an alternate delegate to attend the Annual Delegates Meeting?

No, it is not mandatory. However, should there not be a delegate or alternate attending, the school district/college which they represent will not be entitled to a vote for the Board of Trustees due to their absence at the meeting.

15. What is the EmplID which is asked for when entering the delegate and alternate in the electronic system?

The EmplID (formerly referred to as member number) is the NYSTRS number which is designated to each member. You may get this number from either the member elected; the school district/college Business Office/Payroll Office; or you may use the member’s Social Security number to search for their EmplID.

16. Where is the location of the Annual Delegates Meeting?

The Annual Delegates Meeting is held at the Saratoga Springs City Center in Saratoga Springs, NY.