Section 1: Membership

Membership Eligibility

Membership in the System is restricted to teachers as defined by Education Law Article 11 Section 501. Teachers must also be employed by one of our participating employers in “unclassified service” pursuant to Section 35 of the Civil Service Law. These are educational positions, generally considered to be professional in nature.

Individuals employed as teachers, substitute teachers, superintendents, business administrators, guidance counselors, nurse teachers and teaching assistants are considered unclassified and are only eligible for membership in NYSTRS. Individuals employed as business managers, school nurses, teacher aides and other non-instructional positions are considered classified and are only eligible for membership in the New York State and Local Retirement System (NYSLRS).

Questions pertaining to whether a position is “unclassified” or “classified” service should be directed to your local Civil Service Office. 

Please note: Not all “unclassified” positions are reportable to NYSTRS. If questions remain after reaching out to Civil Service, contact the state Education Department for additional guidance. In cases that are not clear to either Civil Service or the Education Department, the NYSTRS Retirement Board will determine whether a person is a teacher as defined by Education Law. For more details, please see Administrative Bulletin 2021-6: Titles Reportable to NYSTRS.

Participating employers include public schools, charter schools and community colleges outside of New York City; components of the State University; the Education Department; the New York State School for the Blind in Batavia; the New York State School for the Deaf in Rome; and Fashion Institute of Technology.

Effective Sept. 1, 1986, employees of the state Education Department are only eligible for membership in NYSTRS if they were members of the System within a year prior to their appointment. Employees of both the School for the Blind in Batavia and the School for the Deaf in Rome engaged in instructional services are only eligible for membership in NYSTRS.

Any person receiving a retirement allowance for other than disability from a New York State public retirement system is not eligible for membership in NYSTRS. However, people receiving a service retirement allowance from a public retirement system may join if they suspend their allowance. This prohibition also applies to SUNY and community college employees who are retirees of the Optional Retirement Program.

Tier 6: Certain employees hired on or after July 1, 2013 have the option of joining either NYSTRS or the Voluntary Defined Contribution Plan (VDC) administered by the State University of New York (SUNY) Optional Retirement Program (ORP).

To be eligible to join the VDC instead of NYSTRS, all the following criteria must apply:

1. Hired on or after July 1, 2013.
2. Employed in a non-unionized position.
3. Hired at a salary where anticipated earnings exceed $75,000.

Additional information regarding the VDC can be found at definedcontribution.ny.gov. Eligible Tier 6 members wishing to join the VDC must enroll online through this website.

If an eligible Tier 6 employee fails to elect the VDC within the first 30 days of employment, that employee must be enrolled in NYSTRS, provided the job title would normally be eligible for NYSTRS membership.

Additional important factors to consider:

1. New York State public employment after joining the VDC with said employer is not eligible for credit in NYSTRS.
2. NYSTRS and VDC memberships may not be combined at a later date.

Membership Eligibility for SUNY Campuses

Staff employed by SUNY, including community colleges, may elect the Optional Retirement Program (ORP), or the New York State Teachers’ Retirement System (NYSTRS) or New York State and Local Retirement System (NYSLRS) (depending on job title).

An agreement was made with the State University of New York (SUNY) that the EEO6 Classification of the SUNY Title Code Book would be used in determining retirement system membership eligibility. The EEO6 Classification itemizes employment positions into the following categories:

01 - Executive/Administrative/Managerial
02 - Faculty
03 - Professional/Non-Faculty
04 - Secretarial/Clerical
05 - Technical/Paraprofessional
06 - Skilled Crafts
07 - Service/Maintenance

It was determined that all faculty under category 02 are eligible for NYSTRS membership. In addition, members of category 01 and 03 that are instructional positions, or those holding the following titles, are also eligible for NYSTRS membership: 

• Chancellor (but not Vice Chancellor and Associate Vice Chancellor)
• President (but not Vice President and Assistant Vice President)
• Provost (but not Assistant Provost)
• Dean, Associate Dean, Assistant Dean
• Librarian, Assistant Librarian
• Coach, Assistant Coach

Please note: SUNY teaching assistants, graduate assistants, and clinical assistant instructors are eligible for membership in NYSLRS only, not NYSTRS.

For all other titles in categories 04 to 07, as well as non-instructional titles in categories 01 and 03, employees are not eligible for membership in NYSTRS and are only eligible for membership in NYSLRS or ORP.  

For campuses (including community colleges) that do not use the SUNY Title Code Book, please refer to Administrative Bulletin 2021-6: Titles Reportable to NYSTRS.

When appointed, SUNY employees must elect a retirement system within 30 days from the date of appointment. Failure to make an election within 30 days will result in one of the following actions:

1. Continuance in the New York State Teachers’ Retirement System if currently a NYSTRS member and appointed to a NYSTRS-eligible title.
2. Continuance in the New York State and Local Retirement System if currently a NYSLRS member.
3. Registration in the New York State Teachers’ Retirement System if not previously registered, appointed to a NYSTRS-eligible title, and membership is mandatory (see Mandatory Membership, below).
4. Registration in the New York State and Local Retirement System if not previously registered, not eligible for NYSTRS membership, and membership is considered mandatory (per NYSLRS guidelines).

Employees who elect ORP coverage and also teach at a New York State public school are eligible to join NYSTRS and receive credit with NYSTRS for their public school service. SUNY or community college employees participating in ORP would be mandated into membership in NYSTRS for any employment as a full-time public school teacher, but would receive credit in NYSTRS only for their public school service and not for their employment at a SUNY or community college covered by their ORP membership.

Membership Verification & Registration

To determine if an individual is already a member of NYSTRS, you can access the Membership Verification application through the Employer Secure Area (ESA).

The next step is to register any eligible employees selecting or mandated to NYSTRS membership via ESA. Registration instructions and information can be found in Section 6: The Employer Secure Area (ESA). Once the process is complete, you will receive an EmplID and the required contribution rate for the new member(s).

Membership Application

Eligible employees joining NYSTRS must complete and have notarized an Application for Membership (NET-2) and return it to your business office. You, as the employer, are required to fill out Part 2 of the application and mail us the complete, original application. Please mail completed original membership applications to NYSTRS promptly when registering new members in the Employer Secure Area (ESA).

Your continued efforts in seeing that all parts of the application are completed accurately will help minimize follow-up questions and future problems.

When you register a new member in ESA after mailing us the membership application, you will receive the new member's assigned EmplID right away via ESA. For membership applications mailed in without registration through ESA, we will assign and inform you of the new EmplID by return correspondence as soon as possible (usually within two weeks).

Mandatory Membership

Under certain conditions, membership in our System is mandatory as required by Section 503-1 of the Education Law. Membership is mandatory if an employee meets conditions 1, 2 and 3:

1. Full-time employment (i.e., they will be employed for the full day, every day school is in session).
2. Contractual relationship between employee and employer.
3. Employment will be on a per annum basis (i.e., through the end of school year) regardless of the date employment commences.

Notes

• In the case of SUNY and community college employees, membership in this System is mandatory if the employee meets conditions 1, 2, and 3, and did not elect membership in the Optional Retirement Program (ORP) or the New York State and Local Retirement System (NYSLRS) within the first 30 days of employment.
• Individuals who are collecting a service retirement pension from a NYS public retirement system are not eligible for membership (regardless of whether they are working part or full time) unless they suspend their retirement allowance.

New staff whose employment mandates membership in NYSTRS should complete an Application for Membership (NET-2) as soon as possible. The completed application is necessary to ensure the member's beneficiary information is recorded.

The date of membership for an individual whose membership is mandatory is the first day the conditions noted previously are satisfied. This is also the date you should begin the mandatory employee pension deduction.

Questions regarding membership in the System should be directed to our Membership Unit at 800-348-7298, ext. 6190.

Optional Membership

Individuals who are not employed in a full-time contractual position or are not employed on a per annum basis are not required to join the System. However, they may elect to establish a membership by completing an Application for Membership (NET-2), signing it in the presence of a notary and forwarding it to your business office for completion of Part 2. You are then required to mail the complete, original membership application to NYSTRS. The first day of membership will be the earlier of the first day of the month in which both service was rendered and the application was notarized, or member contributions were taken. (Service can be rendered after the month of notarization.)

Chapter 636 of the Laws of 1985 requires you to inform, in writing, all optional membership employees of their right to join the System. If they decide not to join, you should secure and retain a written acknowledgement from each person stating that they have been advised of the right to membership. Access a sample acknowledgment letter.

Eligible employees who opt not to join the System should be included on your Employer Report. You will be billed only on salaries of NYSTRS members.

If you wish to know if an individual is a member of NYSTRS, please access the Member Verification page via the Employer Secure Area. For questions regarding optional/mandatory membership, call the Membership Unit at 800-348-7298, ext. 6190.

Teaching Assistants

Membership was extended to school district teaching assistants beginning Feb. 1, 1971. Subsequent to that date, teaching assistants are only eligible for membership in NYSTRS.

Membership is mandatory for this group if they are employed under a per annum contract for the lesser of: (a) the regular teacher workday (not less than 6 hours), or (b) the teaching assistant workday (not less than 6 hours).

Teacher aides are only eligible for membership in NYSLRS. However, teacher aides who are reclassified to teaching assistants MUST join NYSTRS if their position mandates membership. If a reclassified position does not meet the conditions for mandatory membership in NYSTRS (e.g., it is a part-time teaching assistant position), it is optional for the employee to join NYSTRS.

Teacher aides who are reclassified as teaching assistants and establish a new membership in NYSTRS may elect to transfer their NYSLRS membership to NYSTRS. (Please review Section 13: Transfers for further information on transfers.) Employees electing to transfer should apply for a transfer as soon as their NYSTRS membership is established. During the transfer process, the district should deduct member contributions. Once the transfer is complete, the member will be assigned their earliest date of membership and tier status based on when the employee first joined a public retirement system. 

If appropriate, based on the member’s tier and membership date, the member may be refunded contributions collected during the transfer process. If applicable, to be eligible for a refund of these contributions, the member must apply for a transfer in the same school year that their NYSTRS membership is established. Employees who may be eligible for contribution refunds include Tier 5 or 6 members transferring-in a non-contributory Tier 1-4 membership, or Tier 6 members transferring-in a Tier 5 membership with a lower contribution rate.

Please note: SUNY teaching assistants, graduate assistants, and clinical assistant instructors are eligible for membership in NYSLRS only, not NYSTRS.

Tiers of Membership

The Teachers’ Retirement System is divided into six tiers, which are distinguished by dates of membership. Tier 1 members may continue to make voluntary contributions to their Annuity Savings Fund through payroll deduction only if they have continually been contributing. Tier 2 members are not permitted to contribute to the System. The law required Tier 3 and 4 members to contribute 3% of salary toward retirement until they had reached either 10 years of service credit or 10 years of membership. Under the law, Tier 5 members must contribute 3.5% of their salary, and Tier 6 must contribute 3%-6% of their salary based on annual wages.

Membership Tiers by Date

Please note: If contributions are reported to NYSTRS for any employee, we will automatically make them a member of NYSTRS. New members must submit an Application for Membership (NET-2).

Mandatory Contribution Rates

Tier 6 members contributed 3.5% from April 1, 2012 through March 31, 2013, and 3% from April 1, 2013 through June 30, 2013.

Beginning July 1, 2013, during any Tier 6 member’s first three school years of membership, the Tier 6 member will contribute a percentage based on a projection, by the employer, of annual wages during those school years in accordance with the schedule below.

Tier 6 Contribution Chart

Beginning the fourth school year of membership, a Tier 6 member’s contribution rate is based on regular compensation received two school years prior. Beginning in year 4 of membership and continuing from that point forward, it is NYSTRS’ responsibility to determine the applicable employee contribution rate for each Tier 6 member. The rate applicable to the next school year will be provided to districts in April of the current school year, via ESA.

Tables with examples follow. 

Projected Wage Method (First Three School Years Only)

Actual Wage Method (Fourth School Year and Thereafter)

2022 & 2024 Legislation Regarding Tier 6 Contribution Rates

Legislation passed in 2022 and extended in 2024 permits the employee contribution rate for Tier 6 members to be determined using only a member’s annual base wages for contributions made during the fiscal years ending June 30, 2023 through June 30, 2026. Compensation earned for extracurricular programs or any other pensionable earnings paid in addition to the annual base wages will not be included in the calculation as it ordinarily would. This change was implemented with the school year beginning July 1, 2022.

Although the contribution percentage rate for those years will be calculated only on annual base wages, Tier 6 members must pay the applicable contribution rate on all their pensionable earnings in those years. See Administrative Bulletin 2024-7: New Legislation Impacts NYSTRS Members for details.

Article 19 – Elimination of 3% Contributions

Article 19 of the Retirement and Social Security Law in 2000 eliminated the required 3% contributions for current Tier 3 and 4 members of this System when they reached 10 years of credited service or had been a member for 10 years.

Members can also become eligible to have contributions ceased under Article 19 as a result of a tier reinstatement, purchase of prior service, or transfer of service from another public retirement system.

Change of Beneficiary

Members may change their designation of beneficiary at any time by completing the Designation of Beneficiary for In-Service or Post-Retirement Paragraph 2 Death Benefit (NET-11.4) form. 

The form must be signed in the presence of a notary and received by the System in order to effect a change. Both primary and contingent beneficiaries can be designated on the same form; however, at least one primary beneficiary must be designated.

Cessation of Membership

Membership in the New York State Teachers’ Retirement System will cease if a member has been out of service for seven consecutive school years, has less than five years of service credit and is not eligible for a retirement allowance. Teachers are considered to be in service if they render at least 20 full days of service in a school year with one or more of our participating employers. Once a membership has ceased, the member’s contributions no longer earn interest and should be withdrawn. In addition, the former member forfeits all pension and death benefit rights associated with that membership. Section 17: Refunds provides additional information on withdrawal from membership.

Should the former member rejoin the System at a later date, it is possible for the earlier membership to be reinstated. Following is the information regarding membership reinstatement.

Membership Reinstatement

Section 645 of the Retirement and Social Security Law allows current and future active members of this System, who held a former membership in any NYS public retirement system, to be reinstated to their earliest date of membership.

There is no deadline or window to file for reinstatement. Former members can elect to reinstate by checking "Yes" to Question #3 on the Application for Membership (NET-2) to initiate the process. 

Alternately, they may complete an Election to Reinstate (RIS-1) form. To receive the form, former members may submit a form request and a copy will be mailed to them.

• Current members reinstated to a former Tier 3, 4 or 5 membership are required to repay, in a lump sum with interest, the amount refunded from the previous membership. There is no cost to be reinstated to a former Tier 1 or 2 membership.
• All Tier 3-6 members who are eligible for reinstatement to a former Tier 1 or Tier 2 date of membership must fully repay and satisfy any outstanding loan before they will be allowed to request reinstatement.
• Any Tier 3-4 member who is being reinstated to a Tier 1 or Tier 2 membership will not be entitled to a refund of their current contributions balance. Members may only be eligible for a refund of current school year contributions. Since Tier 3 and 4 members are no longer contributing, no refund is available.
• Mandatory contributions for Tier 5 and 6 members reinstating to a Tier 1-4 membership will cease only after the election for reinstatement is filed, eligibility for reinstatement is confirmed, and any payment due for the reinstatement has been received and processed. You will be notified in writing by the Retirement System when the contributions should stop. If the payment for reinstatement is processed prior to June 30, the member may be eligible for a refund of the contributions paid in that school year. For example, reinstatement to Tier 1-4 paid by June 30, 2022, would result in a refund of the contributions withheld for the 2021-2022 school year. Mandatory contributions paid in prior school years are not refundable under this statute.

There are some situations where reinstatement may not be to a member’s advantage. Any questions regarding membership reinstatement should be directed to the System at 800-348-7298, ext. 6070.