New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LVIII - New York State Teachers' Retirement System
Part 5001 - Service Credit
Section 5001.1 - Definitions as used in this Part

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 5001.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) School year. A school year (July 1-June 30) shall be deemed one year for the purposes of service credit. However, a teacher will be entitled to one year of service credit where such teacher has been in the employ of a public school district for the full period the schools are required by law to be in session. No teacher will be entitled to more than one year's credit in any one school year.

(b) Employment base. The employment base for a given school year is the number of days a member will be employed during the year according to the terms of his agreement with the school district. The employment base shall in no case be less than 200 days.

(c) Annualized contract salary. Annualized contract salary for a member who is employed full-time--the teacher is on a per annum contract and is required to work the entire regular daily school session--is the full-time annual rate of compensation of a member for his regular teaching duties (department chairman salary included); or, for a member employed less than full-time, the salary he would receive if he were employed on a full-time basis. All other monies, such as for coaching, night school, termination pay, etc., are not considered part of the contract salary. The annualized contract salary of a part-time SUNY or a part-time community college faculty member shall be the campus minimum for the particular full-time professional category in which the faculty member is employed. In the case of a part-time SUNY or a part-time community college faculty member who is employed on other than a per-hour or per-diem basis, if the annual salary which the faculty member would receive had s/he been employed on a full-time basis is no less than the campus minimum for the professional category in which such faculty member is employed, s/he is allowed the benefit of that full-time equivalent as an annualized contract salary.

(d) Termination pay. Termination pay is any payment received in anticipation of the termination of a member's employment, for any reason, or any payment for accrued sick leave, annual leave, deferred compensation, or other credits for time not worked.

(e) Salary received. Salary received is the total of all salary legally paid to a teacher, for all teaching duties.

(f) Salary earned. Salary earned is the total of all salary earned by a teacher for all teaching duties rendered during a school year, exclusive of termination pay.

(g) Service credit. Service credit earned in a given school year shall be determined as follows:

(Salary earned/Annualized contract salary) x Employment base = Days of service credit, adjusted to the lower full day

(h) Anything in this Part to the contrary notwithstanding, commencing July 1, 2004:

(1) the number of days of service credit earned in a given school year shall not be determined pursuant to subdivision (g) of this section but shall be determined using the actual number of paid days (or parts thereof) of service as a teacher worked by the member and days of leave as determined pursuant to section 5001.3 of this Part; and

(2) the term annual base pay rate shall be substituted for the term annualized contract salary wherever it appears in this Part.

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