New York Laws
Article 11 - State Teachers' Retirement System for Public School Teachers
505-A - Election of Retired Teacher Member of Board.

§ 505-a. Election of retired teacher member of board. 1. Election of
retired teacher member. An election shall be held during the month of
October, nineteen hundred ninety-three, and thereafter during the month
of October immediately preceding the expiration of a term in office as
prescribed in this section, for the purpose of electing the retired
teacher member of the retirement board from among the retired members of
the retirement system. All retired members of the retirement system who
are retired as of October first in the year in which such election is
held shall be eligible to vote. Such election shall be by secret ballot
held in accordance with the provisions of this section and such rules
and regulations as may be adopted by the retirement board. A retired
teacher member elected to the retirement board pursuant to the
provisions of this section shall serve for a term of three years
commencing on the first day of January next following said election.

2. Nominations. Nominations of candidates for the position of retired
teacher member of the retirement board shall be by petition on forms
provided pursuant to this subdivision. The retirement board shall
prepare printed forms for nominating petitions for candidates for the
office of retired teacher member of the retirement board. Such forms
shall be available to retired members of the retirement system not later
than July first of a year in which an election is to be held. Each
candidate's petition shall be signed by not less than one hundred
retired members of the retirement system and shall be filed with the
retirement board not later than August fifteenth in such year. Each such
petition shall contain the position and term of office, together with
the name and address of the candidate, and shall also contain the name
and address of the retired member of the retirement system who shall be
the alternate candidate in the event of a vacancy caused by the death,
disability, disqualification or withdrawal of the candidate occurring
prior to the election. Each petition shall be accompanied by a notarized
written acceptance of the nomination by the candidate named in the
petition and by a notarized written statement of the retired member
named as alternate candidate that, in the event of the death,
disability, disqualification or withdrawal of the candidate prior to the
election or in the event of the death, disability, disqualification or
resignation of the candidate from the position of retired teacher member
of the retirement board following election, he or she will accept the
nomination or serve on the retirement board in such a contingency. The
retirement board shall implement one mailing for each qualified
candidate that so requests and makes payment therefor prior to the time
of mailing by bank or certified check. The board shall establish
procedures to merge mailings for more than one qualified candidate in
order to reduce postage costs and for administrative convenience if each
affected candidate approves. Nothing in this subdivision or in this
section shall be construed to impair existing law preserving the
confidentiality of the home addresses of retirees of the retirement
system.

3. Election procedures. Such election shall be in the form of a mail
referendum with appropriate provisions, such as the use of double
envelopes, made to insure that the identity of the individual retired
members will not be disclosed as their marked ballots are submitted and
counted. The retirement board shall prepare and mail a ballot and
instructions for voting to each eligible retired member by first class
mail not earlier than October first and not later than October
fifteenth. The names of candidates and alternate candidates listed on
the ballot shall be in the order in which the petitions are filed with
the retirement board. The ballots shall be such that they may be machine
counted. Such ballots shall be returned to the address within the state

of New York designated by the retirement board and shall be postmarked
not later than October thirty-first. Notwithstanding the foregoing, the
retirement board may by resolution establish an alternative procedure
for the conduct of an election pursuant to this section by electronic,
telephonic or other means which provide comparable security and
convenience for voting by retired teacher members.

4. Board of elections. At the time of filing a petition or not later
than September fifteenth, each candidate shall appoint two active or
retired members of the retirement system to a board of elections. Such
board of elections shall consist of such appointees of the candidates
and one member of the retirement system named by the president of the
retirement board, who shall act as its chairman. Members of the board of
elections shall not themselves be candidates or alternate candidates.
Such board of elections shall supervise the election. Such board of
elections shall meet at the location within the state designated by the
retirement board at one o'clock in the afternoon on the second Monday in
November to certify the election of the candidate receiving the largest
number of valid votes cast. The retired member so elected shall be
notified of such election by the chairman of the board of elections
within five days of such certification. The ballots shall be kept in
the custody of the retirement board for at least ninety days after such
certification. Members of the board of elections shall be reimbursed by
the retirement board for reasonable expenses actually incurred, in
accordance with rules and regulations adopted by the retirement board.

5. Special election. In the event that no candidate can be certified
as having won the election as the result of a tie vote, then the board
of elections shall order a special election with the ballot containing
only the names of such candidates with a tie vote. Such special election
shall be conducted in the same general manner as the regular election.
Ballots shall be mailed during the month of November as soon as
reasonably practical after the tie vote has been determined and shall be
returned to a location within the state designated by the retirement
board, postmarked no later than the fourteenth day of December. The
board of elections shall meet at the location within the state
designated by the retirement board on a mutually selected date prior to
January first to certify the election of the candidate receiving the
largest number of valid votes cast.

6. Suspension of election. In the event that only one candidate is
nominated, then no election shall be held and such candidate shall be
deemed to be elected effective at the same time as if an election had
been held.

7. Vacancies. A vacancy occurring during the term of a retired teacher
member of the retirement board shall be filled by the retired member who
was the alternate candidate at the time such retired teacher member was
last elected to the board. In the event that such alternate candidate
has died, become disqualified, or is unwilling or unable to serve or in
the event that the alternate candidate dies, is disqualified, becomes
disabled, or resigns after entering upon the position of retired teacher
member of the retirement board, then the vacancy shall be filled by the
concurrent appointment of a successor from among the retired members of
the system by the members of the retirement board who were elected from
among the active members of the retirement system. Such alternate
candidate or such appointee, as applicable, shall serve out the
unexpired term of the retired teacher member.

8. Certain expenses of alternate candidate. The retired member who was
the alternate candidate at the time a retired teacher member was last
elected to the position of the retired teacher member of the retirement
board shall be entitled to be reimbursed from the expense fund for

actual and necessary expenses incurred in connection with attendance at
the annual meeting and stated meetings of the retirement board pursuant
to subdivision one of section five hundred six of this article.

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