There's no doubt about it: Public employee retirement benefits are under attack. With the release of the governor's dire budget proposal, we've gotten plenty of questions about the tier system, vesting and the plan to create a Tier 5. Here's a sampling.

Q: Is it true that state officials are considering cutting retirement benefits?

A: The news is filled with scary examples of private-sector companies slashing retirement benefits, so there's pressure on state elected officials to pull back public employee pension benefits. The state Commission on Property Tax Relief calls for a variety of givebacks. A recent column by a longtime state politician says, "Retirees are receiving huge benefits packages that can no longer be sustained ... to continue health benefits for a lifetime after they retire is absolutely ludicrous." Regardless of our tier, none of us can become complacent in these times. Obviously, NYSUT will resist attempts to curb anyone's pension benefits.

Q: What are membership tiers and how do I know which one I am in?

A: Membership tiers identify groups of members whose benefits are determined by different sections of the law and regulations. Your tier is determined by your date of membership; both items are listed in your annual Benefit Profile, which you recently received.

There are four membership tiers:

• Tier 1: For membership dates before 7/1/73;
• Tier 2: For those joining between 7/1/73 and 7/26/76;
• Tier 3: For those joining between 7/27/76 and 8/31/83; and,
• Tier 4: For those joining after 8/31/83.

Q: I heard the governor has proposed creating a Tier 5. What does this mean?

A: Keep in mind, the Legislature would have to approve any proposal to create a new retirement tier. The governor's plan calls for creation of a new Tier 5 retirement category for state and local government employees.

Under his plan, the retirement age for those in the new tier would rise from 55 to 62. Tier 5 members would be required to contribute to the pension fund for their entire careers (It's now 10 years for Tiers 3 and 4).

Tier 5 would increase the vesting period from five to 10 years. It would exclude overtime calculations such as coaching, chaperoning and other stipends from a member's final average salary, meaning a lower pension.

It's important to note none of these measures would apply to those already in the retirement system.

NYSUT and other public employee unions are strongly opposed to this plan, arguing it would not generate any immediate savings for the state. In addition, a new tier would severely hamper the ability of schools to attract and retain educators. The union has posted a letter on its Web site, www.nysut.org, that you can send to your local legislators to express your opposition to this idea. You can find the letter in the bright orange action center box in the top right corner of the site.

Q: What does vesting mean?

A: Vesting means you are entitled to a pension sometime in the future. By increasing the vesting period, the state assumes it will save money because if people drop out with fewer years, the state is off the hook for any pension.

Q: What happens if I leave teaching before I have five years of service credit?

A: If you leave teaching before you are vested and do not intend to return to service, you could withdraw your member contributions and interest earned and cancel your membership. You will not receive your employer's contributions. Should you return to teaching at a later date, you may reinstate your former membership under your former tier.

If you don't withdraw your contributions and interest earned (contributions will continue to earn 5 percent interest per year), you can keep your NYSTRS membership active by working the equivalent of 20 full-time days in a school year for a participating NYSTRS employer every seven years.