Part 5008 - Transfers of Membership

Section 5008.4 - Eligibility for Transfer Under Chapter 974 of the Laws of 1977

(a) The term "negligence", for purposes of interpreting that term in Chapter 974, Laws of 1977, shall mean a member's act of withdrawing contributions from his/her former teachers' retirement system, thereby terminating his/her membership in that system, after being advised in writing that such an act would prevent his/her being able to claim as prior service credit in the successor teachers' retirement system the service with which s/he had been credited in his/her former teachers' retirement system.

(b) The following criteria shall be employed by System staff in determining persons eligible to transfer service credits pursuant to Chapter 974 of the Laws of 1977. In determining eligibility to transfer service credits pursuant to Chapter 974 of the Laws of 1977, the right to transfer will be available to those persons who had concurrent membership and who withdrew their accumulated contributions from their former retirement system, without knowledge that in so doing they would be prevented from effecting transfer to the successor retirement system of service credited to them in their former retirement system.

(Statutory authority: Education Law, §522)