New York Retirement and Social Security Code § 445-I

Optional age fifty-five retirement program for New York city teachers and certain other members
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§ 445-i. Optional age fifty-five retirement program for New York city\nteachers and certain other members. a. Definitions. The following words\nand phrases as used in this section shall have the following meanings\nunless a different meaning is plainly required by the context.\n  1. "TRS" shall mean the New York city teachers' retirement system.\n  2. "BERS" shall mean the board of education retirement system of the\ncity of New York.\n  3. "Administrative code" shall mean the administrative code of the\ncity of New York.\n  4. "BERS rules and regulations" shall mean the rules and regulations\nfor the government, management and control of BERS adopted pursuant to\nsection twenty-five hundred seventy-five of the education law.\n  5. "New York city eligible position" shall mean:\n  (i) with respect to members of TRS, all positions as a teacher (as\ndefined in subdivision seven of section 13-501 of the administrative\ncode), and shall not include any position covered by section 13-563 of\nthe administrative code; or\n  (ii) with respect to members of BERS, the following positions in\neducation service: head nurses, head nurses (BOE), supervisors of\nnurses, staff nurses, registered nurses (BOE), public health nurses,\npediatric nurse associates, supervising therapists, senior occupational\ntherapists, senior occupational therapists (BOE), occupational\ntherapists, occupational therapists (BOE), senior physical therapists,\nsenior physical therapists (BOE), physical therapists, physical\ntherapists (BOE), substitute vocational assistants, non-annualized adult\neducation teachers, non-annualized adult education assistant\ncoordinators, non-annualized adult education coordinators, directors of\ndrug and alcohol programs, assistant directors of drug and alcohol\nprograms, sign language interpreters, teachers of military science,\nsenior army, navy, air force, aerospace, marine corps or coast guard\ninstructors, army, navy, air force, aerospace, marine corps or coast\nguard instructors, youth development specialists and the following\npositions represented by the recognized teacher organization for\ncollective bargaining purposes: education administrators, education\nofficers, associate education officers, education analysts and associate\neducation analysts.\n  6. "New York city eligible member" shall mean a member of TRS or BERS\nwho is subject to the provisions of this article and who is employed in\na New York city eligible position.\n  7. "Age fifty-five retirement program" shall mean all the terms and\nconditions of this section.\n  8. "Starting date of the age fifty-five retirement program" shall mean\nthe commencement date of the first payroll period which begins after the\nenactment date of the age fifty-five retirement program.\n  9. "Enactment date of the age fifty-five retirement program" shall\nmean the date this section takes effect.\n  10. "Participant in the age fifty-five retirement program" shall mean\nany New York city eligible member who, under the applicable provisions\nof subdivision b of this section, is entitled to the rights, benefits\nand privileges and is subject to the obligations of the age fifty-five\nretirement program, as applicable to him or her.\n  11. "Participating retirement system" shall mean TRS or BERS.\n  12. "Active service" shall mean, for a member of TRS, service as a\nteacher (as defined in subdivision seven of section 13-501 of the\nadministrative code) for which such member is being paid on the payroll\nor, for a member of BERS, education service for which such member is\nbeing paid on the payroll.\n  13. "Education service" shall mean service as a paid official or\nemployee of the board of education of the city of New York or the New\nYork city school construction authority, and allowable pursuant to the\napplicable provisions which govern the service credit of a member of\nBERS.\n  b. Participation in age fifty-five retirement program. 1. Subject to\nthe provisions of paragraphs five an

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