We're receiving more questions about how joining Tier 4 now would enable members to avoid being placed in a new Tier 5 being proposed as part of state budget negotiations. The bottom line is that you only need to substitute ONE day to join the Teachers' Retirement System and "lock in" Tier 4 membership.

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 you would not only attain Tier 4 membership, but also earn one month of service credit. Please urge prospective teachers to join TRS now!

Q: I recently obtained my initial certificate to teach in New York. I also recently had a baby and have opted to begin my job search for the fall so I can be home with the little one. I am, however, very concerned about the Tier 5 proposal and want to establish myself as Tier 4. Although I have subbed before (two days this year) and in the last school year, I never signed up to be in TRS and am therefore not an active member. I called the TRS today with some questions about the process and they told me I only need to sub one day to be in the system, What should I do?

A: Contact the Teachers' Retirement System at 800-348-7298, ext. 6250, and join immediately. (In order to receive the minimum one month's service credit, you need to substitute 20 days in the same school year.)

Q: I'm a probationary teacher. Will I be put in Tier 5? What are the main differences for the new tier?

A: If the new tier is approved by the state Legislature and signed into law by the governor, it would apply only to newly hired public employees. The effective date would probably be July 1, if it passes. Under the governor's proposal, the minimum retirement age would be raised to 62, up from age 55. Employee contributions (3 percent of salary) would be required for your entire career instead of ending after 10 years. The vesting period would increase from five to 10 years, meaning you would have to work at least 10 years to be eligible for a pension. NYSUT is urging members to call legislators at 877-255-9417 to voice opposition to the plan. An opposition letter is also posted at NYSUT's Web site, www.nysut.org. The letter notes the plan would severely hamper the ability to recruit and retain teachers.

Q: In a recent column you said money could be applied to a final average salary if the money is available to all members. If we reach a contract settlement that states that all teachers in the 2009-10 school year will receive a 10 percent longevity payment based on their 2009 salary that they can defer until the final year of service, would this qualify for retirement because it is available to all teachers at the time but deferred until a later date?

A: No. Although the payment would be available to all unit members, it also represents a fiscal consideration based upon the condition of retirement. Under statute, such payment is not part of regular salary and cannot be utilized in a three-year FAS.

Q: I have been teaching in a public school system for nine years. Prior to this, I taught for three years in a private school for emotionally disturbed children. Am I correct the three years won't count for my pension?

A: Unfortunately, you are correct. By the way, don't forget that after you have completed 10 years of TRS membership, your district should no longer deduct the 3 percent contribution.