"TRS: Why aren't benefit improvements retroactive?." April 04, 2008. NYSUT: A Union of Professionals. www.nysut.org
NYSUT - A Union of Professionals
  
 

TRS: Why aren't benefit improvements retroactive?

 

Q: Your column often refers to efforts to achieve tier equity. I and many others entered the teaching profession the year that Tier 3 was established. From the time we entered, we contributed 3 percent of our salaries into the pension fund. It was good to read of a bill being considered that would credit Tier 3 and 4 members with one month of service for each year the member paid into the retirement system for more than 10 years. That would be fair and equitable. However, I was dismayed to read that if such a bill is passed after a member retires, the member would not benefit. This is not fair. Is there a legal reason for this or is it how the bill was written?

A: When enacted, all benefit legislation is prospective. Therefore, with no retroactivity for any improvements of the benefits that affect the calculation of pension, members who are already retired from a participating employer of the NYSTRS are ineligible. If retired members were eligible for in-service benefit improvements, the cost estimates included by the New York State Teachers' Retirement System actuary for each bill presented to the state Legislature, would skyrocket (currently we have approximately 135,000 retirees). Many other groups would like to receive the retroactive benefits that are legislated into existence after they retire (e.g., reinstatement, military service, etc.). Unfortunately, the additional costs for such bills would render them impassable by the Legislature. The net result would be no more benefit improvements.

Q: In a recent column, your response concerning retiring at age 55 without having 30 years of service indicated that the person could retire at age 55 with penalties. What are the penalties? I am in a similar position. I'm 59 years old with 10 years of service. And a second question on a different topic — military service credit. Is the payment (3 percent of the compensation I earned during the year of credited service immediately prior to the Retirement System's receipt of my application) times the number of years of military service being claimed (max of 3 years) a one-time payment? Are payment plans available?

A: The reductions are due to either or both situations as follows: with less than 20 years of service, there is a reduction; with less than 30 years (and if not age 62) there is also a reduction. We suggest you arrange a video consultation in your geographic area with a TRS representative, who will answer all your questions with your individual figures. Call (800) 348-7298, ext. 6100.

Military service credit must be purchased in one-year segments. For example, if you have three years of military service to claim, you could pay for it in one lump sum or pay for one year at a time. If you are in Tier 3 or 4, you could access a loan from your 3 percent payments. The TRS would send you a check for the loan; and after you deposit it in your account, you could then pay for the military service credit. (Military service extension is 6060; Loans extension is 6080).

Q: I started contributing to the TRS in the fall of 1998. I was employed for a whole year, but was only 0.4 faculty. I received 6 months of credit. Next year will be my 11th year teaching. Will I stop contributing 3 percent of my salary starting in September or January (to make up for the four months of credit I am missing)?

A: September. The law states 10 years of "membership," not service credit.

This column is written by Sheila Salenger, Joseph McLaughlin and Michael Corn, your Teacher-Members on the New York State Teachers' Retirement System Board of Directors.
In-service TRS members with pension questions may call them at the phone numbers at left or e-mail ssalenge@nysutmail.org.

• Retirees please call David Keefe, the retiree representative on the TRS board, at (516) 741-1241.