A recent amendment to the New York State Retirement and Social Security Law (RSSL §803) permits the New York State Teachers’ Retirement System (hereinafter, collectively, the “Retirement System”) to grant retroactive Retirement System membership to qualified applicants. When a current or former Fonda-Fultonville Central School District (District) employee applies for retroactive membership, the District is required to file an affidavit with the appropriate Retirement System stating that:
1. Retroactive membership is appropriate because the employee did not:
a. expressly decline membership in a form filed with the District; or
b. participate in a procedure explaining the option to join the Retirement System in which written material was presented, which material can be produced and documentation or notations exist to the effect that the applicant so participated in that procedure; or
c. participate in a procedure that a reasonable person would recognize as an explanation or a request requiring a formal decision by him or her to join the Retirement System;
2. Retroactive membership is not appropriate and the reason therefore.
The district is also required to establish an administrative procedure for making RSSL §803 determinations which must include a review process which will afford an applicant the opportunity to appear in person or in writing to contest an adverse decision.
Based on the foregoing, the Board of Education of the District hereby authorizes the Superintendent of Schools and/or his designee(s) to establish and administer a process and procedure for making retroactive membership determinations in accordance with RSSL §803.