We received questions about the last column regarding how joining Tier 4 now would avoid being in Tier 5 proposed by Gov. Paterson. TRS confirms that a membership application must be completed, notarized and filed with the New York State Teachers' Retirement System prior to the first day of substitute service in order to effect a Tier 4 membership. It would be desirable to substitute for 20 days before Tier 5 becomes a reality. That way the member not only attains Tier 4 membership, but also earns one month of service credit. But IF the member is only able to substitute teach for ONE day, that would be enough service to "lock in" Tier 4 membership, even though no service credit could be earned.

Please urge prospective teachers to join the TRS now!

Q: I have been a NYSUT member for 25 years. My niece left the business world three years ago to pursue a second career in teaching. She will graduate in May. How does she go about joining the retirement system? 

If she decides to substitute after student teaching, does she join the system the very first day of substituting in a school or does she have to wait till a job offer occurs? 

A: Your niece would do well to contact the Teachers' Retirement System at 800-348-7298, ext. 6250, BEFORE her first day of substituting. That way she will earn credit for that day and those that follow. In addition, please call her attention to the beginning of this column.

Q: If a Tier 4 member wants or needs to retire before she has 30 years of employment, or before she reaches the age of 62, can she retire but put off receiving her pension until reaching age 62? Would there be any penalties for "early" retirement? Also, must a retiring member complete the entire year after her 62nd birthday?

A: If the member resigns from the school district and does not file for retirement, the person is "vested" for a future pension (i.e. at age 62). There would be no penalty when the person begins collecting a retirement allowance at 62.

However, the member should check with the local union president, because the school district might not be responsible for health insurance in retirement under that scenario.

To answer, your second question: No, as far as the TRS is concerned, there would be no penalty. But the local union president would be the source regarding the collective bargaining agreement between the union local and the school district. (The district might offer incentives if retirement were at the end of a school year.)

Q: I read a column about other retirement systems allowing unused sick time to boost retirement, but TRS does not allow this. Is this something we can ask our district to adopt, expecially since we are in the process of negotiating a contract? On a separate note, is there any way members can have TRS invest non-retirement money for us?

A. Under state law, districts cannot negotiate retirement service credit. The good news is that the NYSUT Legislative Program proposes a bill that, if enacted, would allow the some accumulated sick days to be used for service credit. The TRS cannot legally invest an individual's money — only the funds legally contributed to the system by employers, employees' mandatory 3 percent contributions and investment gains.