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TRS: Educate me, please
Your TRS Pension

April 14, 2005


California Gov. Arnold Schwarzenegger may have temporarily backed off from his plan to privatize the state's public pension funds, but don't be fooled. The governor said he will push a ballot measure to privatize pension funds next year if lawmakers don't approve some sort of overhaul legislation.

There was a lot of talk about proposed privatization of pension plans and Social Security at this year's Representative Assembly earlier this month. Delegates resoundingly approved a Special Order of Business calling for NYSUT to work to protect New York state's defined-benefit pension plan and any efforts to diminish public employee pensions.

Here in New York, the protection of public pensions goes all the way back to 1938, when voters amended the New York State Constitution to guarantee pension benefits. That's why holding a constitutional convention could be so dangerous. Since our last few column items urged readers to tell their lawmakers to oppose a constitutional convention, we've been asked to explain why we're opposed to the idea.

I just read my March 31 New York Teacher. Why should I "JUST SAY NO" to a state convention on the constitution if it may bring about reform in Albany? How will it endanger public pensions of our members? Educate me, please.

We are the only state in the nation with a constitutional guarantee that one's pension benefits cannot be reduced. If there is a constitutional convention, the constitutional guarantee for all public employees, in-service and retired members, could be removed.

If New York legislators truly want to reform certain lawmaking procedures like budget preparation (which incidentally has been completed on time for the first time in 20 years, without any reform), all they have to do is pass individual bills targeting the specific procedures they want to reform.

I read your column about service credit for private school teaching. I, like many others, started teaching in a private school. One thing doesn't make sense to me: Why was I able to use that experience and time to get my permanent New York state certification and yet the same service cannot be used for pension credit? Would this be considered a special circumstance or must I keep begging for credit?

State certification requirements and procedure have no relationship to the statutes governing public pension funds for retirement credit. You might be interested to know NYSUT's RA recently reaffirmed a resolution calling for the statewide union's continued commitment to seek legislation seeking pension credit for private school and out-of-state teaching.

I have a question about what is included in the final average salary calculation. I am receiving about $3,600 per year from the district for opting out of my health care coverage and being carried on my husband's plan. Can this $3,600 be included in my FAS calculation?

If you joined the system prior to June 17, 1971, you are eligible to use the five-year FAS. That is the only calculation that will allow you to include monies for health insurance declination from your district. The three-year FAS is for regular salary compensation only.

Just say NO


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