| Serving New York Educators Since 1921 |
Library
NYSTRS Rules and Regulations
| Part 5000: Membership | |
General Provisions |
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| Part 5001: Service Credit | |
| 5001.1 | Definitions as Used in this Part |
| 5001.2 | General |
| 5001.3 | Leaves of Absence |
| 5001.4 | 20 Year Service Requirement, Retention of Membership, and In-Service Requirement |
| 5001.5 | Minimum Compensation Rate |
| 5001.6 | Service Credit for Members of the Retirement Board Who Have Been Elected by the Membership of the System |
| 5001.7 | Credit for Military Service Performed during periods of military conflict |
| 5001.8 | Determination of attainment of ten years of credited service for the purposes of cessation of regular 3% contributions of a member with a membership date on or after July 27, 1976 but before January 1, 2010 |
| Part 5002: Credit for Prior/Previous Service | |
| 5002.1 | Prior/previous service credit under Section 509 of the Education Law or Sections 446, 513, and 609 of the Retirement and Social Security Law |
| 5002.2 | Special rules and regulations pertaining to members with a date of membership after June 30, 1973, but before July 27, 1976, interpreting subdivision b of Section 446 of the Retirement and Social Security Law |
| 5002.3 | Payment for previous service for members with a date of membership on or after July 27, 1976, but before September 1, 1983, who are eligible to purchase such service |
| 5002.4 | Payment for previous service for members with a date of membership on or after September 1, 1983 but before January 1, 2010, who are eligible to purchase such service |
| 5002.5 | Method of payment |
| 5002.6 | Credit for prior service as a CETA employee |
| 5002.7 | Payment for previous service for members with a date of membership on or after January 1, 2010, who are eligible to purchase such service |
| Part 5003: Computation of Final Average Salary | |
| 5003.1 | Three-year final average salary for members who joined the System prior to July 1, 1976 |
| 5003.2 | Five-year final average salary for certain members who joined the System prior to July 1, 1973 |
| 5003.3 | Salaries for elected members of the retirement board while on leave of absence during service on the retirement board |
| 5003.4 | Final average salary for members joining the System on or after July 1, 1976 |
| 5003.5 | Monies paid pursuant to the Excellence in Teaching Program |
| Part 5004: Loans | |
| 5004.1 | General requirements for all loans |
| 5004.2 | Additional eligibility requirements for members with a date of membership before July 27, 1976 (Tiers I and II) |
| 5004.3 | Additional eligibility requirements for members with a date of membership on or after July 27, 1976 (Tiers III, IV and V) |
| 5004.4 | Repayment of Loans |
| 5004.5 | Interest on Loans |
| 5004.6 | Insurance on Loans |
| 5004.7 | Charges |
| 5004.8 | The effect on unpaid loans of death, retirement, withdrawal or transfer to another retirement system for Tier I and II members |
| 5004.9 | The effect on unpaid loans of death, retirement, withdrawal or transfer to another retirement system for Tiers III, IV and V members |
| 5004.10 | Loan default |
| 5004.11 | Executive Director's authority |
| 5004.12 | Loan repayments during periods of military service |
| Part 5005: Applications for Retirement | |
| 5005.1 | Who may file a retirement application |
| 5005.2 | Acknowledgment of signature |
| 5005.3 | Effective date of service, disability and deferred retirement applications |
| 5005.4 | Withdrawal of application for retirement |
| 5005.5 | Early service retirement reductions in the case of members with a date of membership on or after January 1, 2010 |
| Part 5006: Cessation of Membership | |
| 5006.1 | Definitions as used in Part 5006 |
| 5006.2 | General |
| Part 5007: Refund of Contributions to Members | |
| 5007.1 | Monies refunded |
| 5007.2 | Active membership refunds |
| 5007.3 | Refunds at retirement |
| 5007.4 | Interest on contributions |
| Part 5008: Transfers of Membership | |
| 5008.1 | General |
| 5008.2 | Transfers to the System |
| 5008.3 | Transfers to another public retirement system in this state |
| 5008.4 | Eligibility for transfer under Chapter 974, Laws of 1977 |
| Part 5009: Vesting (Deferred Retirement) | |
| 5009.1 | Automatic vesting for members with a date of membership prior to 7/27/76 |
| 5009.2 | Rights of a member with a date of membership prior to 7/27/76, who has vested |
| 5009.3 | Rights of a member with a date of membership on or after 7/27/76, but before 9/1/83, who has vested |
| 5009.4 | Rights of a member with a date of membership on or after 9/1/83 but before January 1, 2010, who has vested |
| 5009.5 | Rights of a member with a date of membership on or after January 1, 2010, who has vested |
| Part 5010: Contributions of Members With a Date of Membership On Or After 7/27/1976 | |
| 5010.1 | Establishment of Fund |
| 5010.2 | Withdrawal and refund of contributions |
| Part 5011: Group Life Insurance | |
| 5011.1 | New York State Teachers' Retirement System Member Group Life Plan Established |
| 5011.2 | New York State Teachers' Retirement System Member Group Life Insurance Plan Reserve Fund |
| 5011.3 | Insurance payable in the event of death |
| 5011.4 | Premiums |
| 5011.5 | Effective period of insurance |
| Part 5012: Savings Accounts for Monies Due Certain Beneficiaries | |
| 5012.1 | Establishment of Accounts |
| 5012.2 | Interest |
| 5012.3 | Effect of Establishment of Accounts |
| 5012.4 | Payment of Funds |
| 5012.5 | Release of Liability |
| 5012.6 | Removal of Legal Disability |
| 5012.7 | Nomenclature |
| Part 5013: Inter-Vivos or Testamentary Trust as Beneficiary | |
| 5013.1 | Inter-Vivos Trust as Beneficiary |
| 5013.2 | Testamentary Trust as Beneficiary |
| 5013.3 | Required Certifications Pursuant to IRC Section 401(a)(9) |
| Part 5014: Options | |
| 5014.1 | Options available to members at retirement - general |
| 5014.2 | Options available to members at retirement - definitions and statutory authorization |
| 5014.3 | Suspension of retirement allowance where option has been elected |
| 5014.4 | Procedure for electing an option |
| 5014.5 | Additional definitions for Part 5014 |
| 5014.6 | Compliance with IRC Section 401(a)(9) |
| Part 5015: Duties of Employers | |
| 5015.1 | General |
| 5015.2 | Members of the retirement board who have been elected by the membership of the System |
| 5015.3 | Duty to Report |
| Part 5016: Election of Delegates to Annual Convention | |
| 5016.1 | Territorial unit representation |
| 5016.2 | Term |
| 5016.3 | Alternates |
| 5016.4 | Election Procedure |
| Part 5017: Amendment of the Rules and Regulations | |
| 5017.1 | General |
| Part 5018: Actuarial Assumptions | |
| 5018.1 | Valuation rate of interest and salary scale assumptions |
| 5018.2 | Mortality and Service Tables for Valuation Purposes |
| 5018.3 | Mortality tables for the determination of benefits accrued prior to August 1, 1983. |
| 5018.3b1 | Disability annuitants |
| 5018.3b2 | In calculating option factors for regular annuities, additional annuities and pensions, the interest rate of four percent shall be used in conjunction with the following tables |
| 5018.3c1 | Beneficiaries of active members |
| 5018.3c2 | To calculate cash refund annuities in lieu of a return of contributions and/or a lump sum death benefit, convert the straight line annuity by an option factor based on a four-percent interest rate and the following tables |
| 5018.4 | Mortality Tables for the Determination of Benefits Accruing on or After August 1, 1983. The mortality tables to be used in the computation of benefits accruing on or after August 1, 1983 shall be as follows: |
| 5018.4a1 | Service annuitants - In calculating regular annuities without optional modification and annuities without optional modification on account of additional contributions, the interest rate of four percent shall be used in conjunction with the following tables |
| 5018.4a2 | Effective October 26, 2006, in calculating the benefits pursuant to subdivision b(3) of Section 512 of the Education Law, the interest rate of 4 percent for members who joined prior to July 1, 1948, and 3 percent for members who joined subsequent to June 30, 1948, shall be used in conjunction with this table. |
| 5018.4a3 | In calculating option factors for regular annuities, additional annuities and pensions, the following tables will be used |
| 5018.4b1 | Disability annuitants - In calculating regular annuities without optional modification and annuities without optional modification on account of additional contributions, the interest rate of four percent shall be used in conjunction with the following tables |
| 5018.4b2 | In calculating option factors for regular annuities, additional annuities and pensions, the interest rate of 4% shall be used in conjunction with the following tables |
| 5018.4c1 | Beneficiaries of active members - In calculating straight life annuities in lieu of a return of contributions and/or a lump sum death benefit, the interest rate of four percent shall be used in conjunction with the following table |
| 5018.4c2 | To calculate cash refund annuities in lieu of a return of contributions and/or a lump sum death benefit, convert straight life annuities by an option factor based on a four percent interest rate, and the following table |
| 5018.5 | Interest rate for calculation of de minimis service retirement benefit |
| 5018.6 | Compliance with IRS Section 415 |
| Part 5019: Access to Public and Personal Records | |
| 5019.1 | Definitions |
| 5019.2 | Purpose and scope |
| 5019.3 | Access to records |
| 5019.4 | Times and places for inspecting records |
| 5019.5 | Procedures governing inspection of records |
| 5019.6 | Subject matter list |
| 5019.7 | Appeals of denial of access to records |
| 5019.8 | Copying of records |
| 5019.9 | Records not available for inspection or copying |
| Part 5020: Disability Retirement Determinations | |
| 5020.1 | Standard for determining disability retirement ...prior to 7/27/1976... Section 511 of the Education Law |
| 5020.2 | Standard for determining disability retirement....after 7/27/1976 but before 9/1/1983....Sections 506 and/or 507 of the RSSL |
| 5020.3 | Standard for determining disability retirement...after 9/1/1983 and who meet...Section 605 of the RSSL |
| 5020.4 | Procedures for determining initial entitlement of an applicant to disability retirement and to continued entitlement to disability retirement |
| 5020.5 | Appointment of alternates to the Medical Board |
| Part 5021: Election of System Retiree to the Retirement Board | |
| 5021.1 | General provisions |
| 5021.2 | Eligibility requirements |
| 5021.3 | Nominating process |
| 5021.4 | Candidate mailings |
| 5021.5 | Election |
| 5021.6 | Counting of ballots |
| 5021.7 | Procedures in the event of a tie vote |
| 5021.8 | Vacancy |
| Part 5022: Direct Rollover of Eligible Rollover Distributions | |
| 5022.1 | Application |
| 5022.2 | General provision |
| 5022.3 | Definitions |
| Part 5023: Employment of Retired Teachers | |
| 5023.1 | Application of RSSL Section 212 |
| 5023.2 | Reporting earnings subject to RSSL Section 212 |
| 5023.3 | Contribution Obligation of Certain Retired Teachers Who Rejoin the System Upon a Return to Teaching Service |
| Part 5024: Accelerated Death Benefit | |
| 5024.1 | Implementation of accelerated death benefit |
| 5024.2 | Certain terms defined |
| 5024.3 | Procedures |
| Part 5025: Reinstatement of a Prior Membership | |
| 5025.1 | Purpose |
| 5025.2 | Definitions |
| 5025.3 | Application for reinstatement of prior membership |
| 5025.4 | Effect of reinstatement |
| Part 5026: Charter Schools | |
| 5026.1 | Admission of charter schools as participating employers |
| 5026.2 | Effect of admission as a participating employer |
| 5026.3 | Expulsion from participation |
| 5026.4 | Effect of expiration, termination or revocation of charter |
| Part 5027: Advisory Committees | |
| 5027.1 | Investment Advisory Committee |
| 5027.2 | Real Estate Advisory Committee |
| 5027.3 | Indemnification |
| Part 5028: Mandated Distributions | |
| 5028.1 | Purpose |
| 5028.2 | Procedure |
