Gregory v. Bemus Point Central School District

Determination unanimously annulled on the law without costs and petition granted in accordance with the following *888Memorandum: Petitioner was hired by respondent, Bemus Point Central School District, as a substitute teacher in 1973 and as a full-time teacher in 1980. Although eligible to join the New York State Teachers’ Retirement System in 1973, which would have placed her in Tier II, petitioner did not enroll until 1976, thus placing her in Tier III. In January 1995 petitioner sought retroactive membership in Tier II pursuant to Retirement and Social Security Law § 803, a remedial statute…