AAC-30-13-00004-P Effective Date of Retirement  

  • 7/24/13 N.Y. St. Reg. AAC-30-13-00004-P
    NEW YORK STATE REGISTER
    VOLUME XXXV, ISSUE 30
    July 24, 2013
    RULE MAKING ACTIVITIES
    DEPARTMENT OF AUDIT AND CONTROL
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. AAC-30-13-00004-P
    Effective Date of Retirement
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    This is a consensus rule making to amend sections 341.4(a) and 341.6 of Title 2 NYCRR.
    Statutory authority:
    Retirement and Social Security Law, sections 11 and 311
    Subject:
    Effective date of retirement.
    Purpose:
    To conform the text of the regulation with RSSL sections 70 and 370 as amended by chapter 375 of the Laws of 2011.
    Text of proposed rule:
    Section 341.4. Effective date of retirement.
    (a) A service retirement application must be on file with the Office of the State Comptroller for no less than [30]15 and no more than 90 days before the effective date of retirement.
    (b) With respect to tier 1 and tier 2 members, a vested retirement application will become effective on the date it is filed or the first day of the month following the date upon which the member attains the minimum age required for vested retirement; whichever is later.
    (c) With respect to tier 3 and tier 4 members, a vested retirement application will become effective on the date it is filed or the date upon which the member attains the minimum age required for vested retirement; whichever is later.
    Section 341.6. Changing the effective date of service retirement.
    A member or a person authorized under the Retirement and Social Security Law to file a retirement application on the member's behalf may change the effective date of the member's service retirement by filing a new application for service retirement with the Retirement System prior to the effective date of retirement established by the previously filed service retirement application, and by choosing thereon, a new effective date which meets the following requirements. The effective date of retirement selected on the new service retirement application must be at least [30]15 and no more than 90 days after the filing date of the previously filed service retirement application, or must be at least [30]15 and no more than 90 days after the filing date of the new service retirement application, whichever period is later. Such an application will not be considered filed until it is actually received. However, such a written request will be deemed filed on the date it is mailed if it is mailed to the Retirement System by United States Postal Service certified mail, return receipt requested and is actually received by the Retirement System as the result of such mailing.
    Text of proposed rule and any required statements and analyses may be obtained from:
    Jamie Elacqua, Office of the State Comptroller, 110 State Street, Albany, NY 12236, (518) 473-4146, email: jelacqua@osc.state.ny.us
    Data, views or arguments may be submitted to:
    Same as above.
    Public comment will be received until:
    45 days after publication of this notice.
    Consensus Rule Making Determination
    This is a consensus rulemaking proposed for the sole purpose of conforming the existing text of Section 341.1(a) and 341.6 of Title 2 of NYCRR to the provisions of sections 70 and 370 of the Retirement and Social security law. These technical amendments relate to the effective date of retirement and it has been determined that no person is likely to object to the adoption of the rule as written.

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