Preview
FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022
"16"
EXHIBIT
FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022
ESLRS Scanned Copy page 1 of 2
WISTAE scanned Copy page 2 of28
OfVtroftheWowYorkstateComptroller--- --------------- .--- ...._ _ _.._
h as P. DIN8poll
New YorkState andlocal
Retircroer1tSystem Phone: 51040H4M
-Whai=eelrBinii
ii#^ftW- "SN -- ----
Emait agoldberger@asc1tata nym
Ardrea D.Goldberger, Assistant Comptrohr
Web. wws.osestin_eyelsketke
__.....__ _.....
. -- --
Septem6er 20, 2017
Marianne
ShaughneesydKelly)
- ... -
- - --
4-Spriti Circle
Plattsburgh, NY 12901
--
Re: Nep. #5066750%
)sar Ms. ¶hm .-
Thank you for your your
inquiry regarding membership date in the New York State and Local
Retirement System (NYSI RS) hasarf on yaw.employment-a f- -
G-Is aTTYáEbergt fidhih Jal, 20 i i
uuouyn 2014.
may 23,
During your July 12. 2017 telephone c_onversation the nunArvianr of the Retiramont
with Ryetarny
TransfertWtitwas dkrcussGd4nüHMe-RetirementEysterrrtmtortunatefywift nothrable tomcc6mm5d5t0
your request to receive an earlier date of and
membership tier.
.,___.DurMant-to-Sadnn-MRA-ftherRetirement-and Sociat SecornyTaw-employees-eppointecFto fuE
time, permanent, twelve month positions are mandated to JoIrrthe NYSLRS. In alfother instances,
membership isaptional. When is
membership optional. it cannotbecome offectiveuntitan.applicationis
--==receivedifi Statet¾tar-As
yswappoffitiffenFas½tü5e-nt-aidet-õgiñDing Mar h
! 31 201‘was on a part-time,temporary basis, membership foryou was optional.
/u•uptÍonal
in those the
meTITW@5hip-may thinitiatedW
istretforporby facaim#e transmC
cases, membership is effectiveon the date ofthe telephone calfor facsimile transmission,
. aslong as the individual Is on the of the.call or fax
-- - working day and the originak signed application is
cc.ccived by usdherpatter--Asgour-mempership_ applicaticiawaimt isXeBWtheRhitRWbut:instëa-d-
mailed, your membership date was base on the certified receipt date ofyour app cation, which was
March 27, 2012. As noted, an indMdual must be on
previously working the day an optional NYSLRS
-memly-d±stlsastabrichel ..
Upon receiving your request to transfer your to New Teachers'
-- membership the York State
-a-teview-
R tir.amanESÿ¯stem
&Ediandaëteif
discovered that your employer submitted your application to register an March 27, 2012 a date you were
not working. Therefore, in accordance with the aforementioned law, itbecame necessary for NYSLRS
you with Tier 6 status.
FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022
MY8LR9 So=M Copy page 2 of 2
NY8LRBScanned copy page 3 of28
-
IMrlarine ShaughrfensT(Kelly)
Septe-mber 20, 201
P Q42
indMduaFs erñj/ñyer sha
cation to an
de of a membership app
pt£oUe nd-acco.rdingly the ivery
Goa
noffesult1rrenrettmenfiñ tEWSt\
part umt the Retirement
at Secxrity_Law-states n
M ement and So esser
8ë0tion PK anow a me ñber to r cwve-a greater or
correct e rc hafW5uid matter.
System is respormibnity o any has so discretion inthis
Vêthement sys em
hv ice
beMgrthun hcM
t when rr embership is
.. ___ThaVetirc o n t retroact
t
rollan
T saM
indi
a:vJr. thismould be in
ripardk ss of the reson
not mandatoal
to seMdSFT4-5f the
emhdon m mattuT-PG
The auce :-; and redeterminaton must
.. " regec fora hee ing
85 nistra hearirm lYtwnErf¯~Such
T85L ÿ -hC '-a on anf½fk-UEde
hs of th ate of 11 ~üeter Administration New
be made vMh n four Oweau of Hearing
Eat a ofthe
she.flebe-dkectee to Ga ineP-8quests-may-also be
request G1Weti-AlbwpF
aiWent Sys PBtatë he
State and Leem advised that, pursuart-Iõ
York % 137. ase be
or Taxed to SM oLproof---
Eg.0Iiqqe©esc-statSa.m
......_..sontto
Procedkri-NtPa appdentThear the G ü n
State Administrative
thWounation
camprouds-yww/ith any
Please fetme knowfi
Gincerely,
Andrea D. Goldberger
__ AssiM Dt-Gamptrone
.---AI - - ---
!
FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022
Oface of the New York State Comptroller
thdmas P. DINapoli
New York State and Local Retirement System Phone: S18-486-3481
110 State Street. Albany, New York 12244-0001 Fax: 518-486-3117
Email: agoldberger@osc.state.ny.us
Andrea D, Goldberger, Assistant Comptroller Web: www.osc.state.ny.usketire
September 20, 2017
Marianne Shaughnessy (Kelly)
4 Spring Circle
Plattsburgh, NY 12901
Re: Req. #5066750-0
Dear Ms. Shaughnessy:
Thank you for your inquiry regarding your membership date in the New York State and Local
Retirement System (NYSLRS) based on your employment as a student aide with the State University of
New York at Plattsburgh from March 31, 2011 through May 23, 2013.
During your July 12, 2017 telephone conversation with the supervisor of the Retirement System's
Transfer Unit, it was discussed that the Retirement System unfortunately will not be able to accommodate
your request to receive an earlier date of membership and tier.
Pursuant to Section 600 of the Retirement and Social Security Law, employees appointed to full
time, permanent, twelve month positions are mandated to join the NYSLRS. In all other instances,
membership is optional. When membership is optional, itcannot become effective untilan application is
received in the offices of the State Comptroller. As your appointment as a student aide beginning March
31, 201t was on a part-time, temporary basis, membership for you was optional.
An optional membership may be initiated by telephone registration or by facsimile transmission.
in those cases, the membership iseffective on the date of the telephone call or facsimile transmission,
as long as the individual is working on the day of the call or fax and the original, signed application is
received by us thereafter. As your membership application was not faxed to the NYSLRS, but instead
mailed, your membership date was based on the certified receipt date of your application, which was
March 27, 2012. As previously noted, an individual must be working on the day an optional NYSLRS
membership is established.
Teachers'
Upon receiving your request to transfer your membership to the New York State .
Retirement System, a review of your employment records was conducted. During this process, itwas
discovered that your employer submitted your application to register on March 27, 2012, a date you were
not working. Therefore, in accordance with the aforementioned law, itbecame necessary forNYSLRS
staffto adjust your date of membership accordingly. Since your firstdate worked after NYSLRS received
your registration application was April 3, 2012, this became your date of membership. This date provides
you with Tier 6 status.
FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022
4Aariarihe Shaughnessy (Kelly)
September 20, 2017
Page 2
Under Regulation 340.2, an individual's employer shall not be considered an agent of the
Comptroller, and accordingly the delivery of a membership application to an individuars employer shall
not result in enrollment inthe NYSLRS.
Section 111-c of the Retirement and Social Security Law states, in part, that the Retirement
System is responsibility to correct any error that would allow a member to receive a greater or lesser
benefit than he/she is allowed to receive by law. The Retirement System has no discretion inthis matter.
The Retirement System cannot retroactively enroll an individual for a period when membership is
not mandatory, regardless of the reason the individual failed tojoin. Action contrary to this would be in
violation of the Retirement and Social Security Law.
The above constitutes a final agency determination in this matter. Pursuant to Section 74 of the
RSSL, you have the right to an administrative hearing. A request for a hearing and redetermination must
be made within four (4)months of the date of this determination and must be made in writing. Such
request should be directed to Gail Everitt, Esq., Director of the Bureau of Hearing Administration, New
York State and Local Retirement System, 110 State Street, Albany, NY 12244. Requests may also be
sent to Hearings@osc.state.ny.us or faxed to 518-402-4137. Please be advised that, pursuant to the
State Administrative Procedure Act, the applicant bears the burden of proof.
Please letme know ifI can provide you with any other information.
Sincerely,
Andrea D. Goldberger
Assistant Comptroller
ADG/sc
Preview
FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022 "16" EXHIBIT FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022 ESLRS Scanned Copy page 1 of 2 WISTAE scanned Copy page 2 of28 OfVtroftheWowYorkstateComptroller--- --------------- .--- ...._ _ _.._ h as P. DIN8poll New YorkState andlocal Retircroer1tSystem Phone: 51040H4M -Whai=eelrBinii ii#^ftW- "SN -- ---- Emait agoldberger@asc1tata nym Ardrea D.Goldberger, Assistant Comptrohr Web. wws.osestin_eyelsketke __.....__ _..... . -- -- Septem6er 20, 2017 Marianne ShaughneesydKelly) - ... - - - -- 4-Spriti Circle Plattsburgh, NY 12901 -- Re: Nep. #5066750% )sar Ms. ¶hm .- Thank you for your your inquiry regarding membership date in the New York State and Local Retirement System (NYSI RS) hasarf on yaw.employment-a f- - G-Is aTTYáEbergt fidhih Jal, 20 i i uuouyn 2014. may 23, During your July 12. 2017 telephone c_onversation the nunArvianr of the Retiramont with Ryetarny TransfertWtitwas dkrcussGd4nüHMe-RetirementEysterrrtmtortunatefywift nothrable tomcc6mm5d5t0 your request to receive an earlier date of and membership tier. .,___.DurMant-to-Sadnn-MRA-ftherRetirement-and Sociat SecornyTaw-employees-eppointecFto fuE time, permanent, twelve month positions are mandated to JoIrrthe NYSLRS. In alfother instances, membership isaptional. When is membership optional. it cannotbecome offectiveuntitan.applicationis --==receivedifi Statet¾tar-As yswappoffitiffenFas½tü5e-nt-aidet-õgiñDing Mar h ! 31 201‘was on a part-time,temporary basis, membership foryou was optional. /u•uptÍonal in those the meTITW@5hip-may thinitiatedW istretforporby facaim#e transmC cases, membership is effectiveon the date ofthe telephone calfor facsimile transmission, . aslong as the individual Is on the of the.call or fax -- - working day and the originak signed application is cc.ccived by usdherpatter--Asgour-mempership_ applicaticiawaimt isXeBWtheRhitRWbut:instëa-d- mailed, your membership date was base on the certified receipt date ofyour app cation, which was March 27, 2012. As noted, an indMdual must be on previously working the day an optional NYSLRS -memly-d±stlsastabrichel .. Upon receiving your request to transfer your to New Teachers' -- membership the York State -a-teview- R tir.amanESÿ¯stem &Ediandaëteif discovered that your employer submitted your application to register an March 27, 2012 a date you were not working. Therefore, in accordance with the aforementioned law, itbecame necessary for NYSLRS you with Tier 6 status. FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022 MY8LR9 So=M Copy page 2 of 2 NY8LRBScanned copy page 3 of28 - IMrlarine ShaughrfensT(Kelly) Septe-mber 20, 201 P Q42 indMduaFs erñj/ñyer sha cation to an de of a membership app pt£oUe nd-acco.rdingly the ivery Goa noffesult1rrenrettmenfiñ tEWSt\ part umt the Retirement at Secxrity_Law-states n M ement and So esser 8ë0tion PK anow a me ñber to r cwve-a greater or correct e rc hafW5uid matter. System is respormibnity o any has so discretion inthis Vêthement sys em hv ice beMgrthun hcM t when rr embership is .. ___ThaVetirc o n t retroact t rollan T saM indi a:vJr. thismould be in ripardk ss of the reson not mandatoal to seMdSFT4-5f the emhdon m mattuT-PG The auce :-; and redeterminaton must .. " regec fora hee ing 85 nistra hearirm lYtwnErf¯~Such T85L ÿ -hC '-a on anf½fk-UEde hs of th ate of 11 ~üeter Administration New be made vMh n four Oweau of Hearing Eat a ofthe she.flebe-dkectee to Ga ineP-8quests-may-also be request G1Weti-AlbwpF aiWent Sys PBtatë he State and Leem advised that, pursuart-Iõ York % 137. ase be or Taxed to SM oLproof--- Eg.0Iiqqe©esc-statSa.m ......_..sontto Procedkri-NtPa appdentThear the G ü n State Administrative thWounation camprouds-yww/ith any Please fetme knowfi Gincerely, Andrea D. Goldberger __ AssiM Dt-Gamptrone .---AI - - --- ! FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022 Oface of the New York State Comptroller thdmas P. DINapoli New York State and Local Retirement System Phone: S18-486-3481 110 State Street. Albany, New York 12244-0001 Fax: 518-486-3117 Email: agoldberger@osc.state.ny.us Andrea D, Goldberger, Assistant Comptroller Web: www.osc.state.ny.usketire September 20, 2017 Marianne Shaughnessy (Kelly) 4 Spring Circle Plattsburgh, NY 12901 Re: Req. #5066750-0 Dear Ms. Shaughnessy: Thank you for your inquiry regarding your membership date in the New York State and Local Retirement System (NYSLRS) based on your employment as a student aide with the State University of New York at Plattsburgh from March 31, 2011 through May 23, 2013. During your July 12, 2017 telephone conversation with the supervisor of the Retirement System's Transfer Unit, it was discussed that the Retirement System unfortunately will not be able to accommodate your request to receive an earlier date of membership and tier. Pursuant to Section 600 of the Retirement and Social Security Law, employees appointed to full time, permanent, twelve month positions are mandated to join the NYSLRS. In all other instances, membership is optional. When membership is optional, itcannot become effective untilan application is received in the offices of the State Comptroller. As your appointment as a student aide beginning March 31, 201t was on a part-time, temporary basis, membership for you was optional. An optional membership may be initiated by telephone registration or by facsimile transmission. in those cases, the membership iseffective on the date of the telephone call or facsimile transmission, as long as the individual is working on the day of the call or fax and the original, signed application is received by us thereafter. As your membership application was not faxed to the NYSLRS, but instead mailed, your membership date was based on the certified receipt date of your application, which was March 27, 2012. As previously noted, an individual must be working on the day an optional NYSLRS membership is established. Teachers' Upon receiving your request to transfer your membership to the New York State . Retirement System, a review of your employment records was conducted. During this process, itwas discovered that your employer submitted your application to register on March 27, 2012, a date you were not working. Therefore, in accordance with the aforementioned law, itbecame necessary forNYSLRS staffto adjust your date of membership accordingly. Since your firstdate worked after NYSLRS received your registration application was April 3, 2012, this became your date of membership. This date provides you with Tier 6 status. FILED: ALBANY COUNTY CLERK 04/18/2022 03:52 PM INDEX NO. 902932-22 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/18/2022 4Aariarihe Shaughnessy (Kelly) September 20, 2017 Page 2 Under Regulation 340.2, an individual's employer shall not be considered an agent of the Comptroller, and accordingly the delivery of a membership application to an individuars employer shall not result in enrollment inthe NYSLRS. Section 111-c of the Retirement and Social Security Law states, in part, that the Retirement System is responsibility to correct any error that would allow a member to receive a greater or lesser benefit than he/she is allowed to receive by law. The Retirement System has no discretion inthis matter. The Retirement System cannot retroactively enroll an individual for a period when membership is not mandatory, regardless of the reason the individual failed tojoin. Action contrary to this would be in violation of the Retirement and Social Security Law. The above constitutes a final agency determination in this matter. Pursuant to Section 74 of the RSSL, you have the right to an administrative hearing. A request for a hearing and redetermination must be made within four (4)months of the date of this determination and must be made in writing. Such request should be directed to Gail Everitt, Esq., Director of the Bureau of Hearing Administration, New York State and Local Retirement System, 110 State Street, Albany, NY 12244. Requests may also be sent to Hearings@osc.state.ny.us or faxed to 518-402-4137. Please be advised that, pursuant to the State Administrative Procedure Act, the applicant bears the burden of proof. Please letme know ifI can provide you with any other information. Sincerely, Andrea D. Goldberger Assistant Comptroller ADG/sc