§ 392 — Rates of contribution

New York § 392

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 8-B: State University Optional Retirement Program

Text

§ 392. Rates of contribution. 1. Employer contributions. In the case\nof any electing employee initially appointed on or before June\nthirtieth, nineteen hundred ninety-two, the state, with respect to\nemployees of state university, and the electing employer, with respect\nto employees of a community college, shall, during continuance of his\nemployment, make contributions at the rate of nine percentum of that\nportion of his salary upon which contributions, if any, are or may\nhereafter be paid to the secretary of the treasury of the United States\npursuant to article three of the retirement and social security law and\nat the rate of twelve percentum of any portion of his salary upon which\nsuch contributions are not paid, out of monies which shall be\nappropriated to state university or which shall be available to the\nelecting employer for such purpose. In the case of any electing employee\ninitially appointed on or after July first, nineteen hundred ninety-two,\nthe state, with respect to employees of the state university and the\nelecting employer, with respect to employees of a community college,\nshall, during continuance of his employment, make contributions at the\nrate of eight percentum of his salary during the first seven years of\nsuch employment and at the rate of ten percentum of his salary\nthereafter, out of monies which shall be appropriated to the state\nuniversity or which shall be available to the electing employer for such\npurpose. For purposes of this subdivision, that portion of the\nemployee's salary upon which contributions are or may thereafter be paid\nto the secretary of the treasury of the United States pursuant to\narticle three of the retirement and social security law shall be deemed\nnot to exceed sixteen thousand five hundred dollars.\n 1-a. Employer contributions. In the case of any electing employee\nexcluded from or not encompassed within a negotiating unit within the\nmeaning of article fourteen of the civil service law initially hired on\nor after July first, two thousand thirteen, the state and the electing\nemployer shall, during the continuance of his or her employment, make\ncontributions at the rate of eight per centum of his or her salary.\n 2. Employee contributions. (a) In the case of any electing employee,\ncontributions at the rate of three percentum of his salary shall be\ndeducted as the employee contribution by the comptroller, or by the\nappropriate fiscal officer with respect to an electing employer,\nprovided however, that such employee contribution shall be made by (i)\nthe state for employees other than those employed by an electing\nemployer in accordance with subdivision one of this section during such\nperiod as (a) either section seventy-a of the retirement and social\nsecurity law or section five hundred twenty-eight of this title provides\nthat the contribution of each member of the New York state employees'\nretirement system or the New York state teachers' retirement system in\nthe employ of the state shall be reduced by at least eight percentum of\nhis compensation or (b) employee contributions to either such system are\nno longer required by reason of such system becoming noncontributory for\nstate employees, or (ii) by the electing employer in accordance with\nsubdivision one of this section during such period as the contributions\nof any members of either the New York state employees' retirement system\nor the New York state teachers' retirement system or of any other public\nretirement system in this state in its employ shall (a) be reduced by at\nleast eight percentum of their compensation in accordance with section\nseventy-a of the retirement and social security law or section five\nhundred twenty-nine of this title or section B3-36.1 or section B20-41.1\nof the administrative code of the city of New York or (b) employee\ncontributions to any such system of which any of its employees are\nmembers are no longer required by reasons of such system becoming non\ncontributory for such employees; and provided further, however, that\nsuch employee contribution with respect to the fiscal year of the city\nof New York beginning on July first, nineteen hundred seventy-two and\nending on June thirtieth, nineteen hundred seventy-three shall be made\nby the electing employer in the case of any electing employee who is\nemployed by a community college operated in such city, notwithstanding\nany of the foregoing provisions of this subdivision to the contrary.\n (b) Notwithstanding any provision of paragraph (a) of this subdivision\nor any other provision of law to the contrary, but subject to the\nprovisions of subdivision d of section six hundred thirteen of the\nretirement and social security law, in the case of any electing employee\ninitially appointed on or after July first, nineteen hundred ninety-two\nwho is employed by a community college subject to the provisions of this\narticle which is operated in the city of New York, contributions at the\nrate of three percentum of his or her salary shall be deducted as the\nemployee contribution by the appropriate fiscal officer with respect to\nsuch community college.\n (c) Notwithstanding any other provision of this section or any other\nlaw to the contrary, (1) on and after April first, two thousand eight\nfor a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe state shall contribute one-third of the three percent employee\ncontribution required pursuant to the provisions of this section on\nbehalf of such employee; and (2) on and after April first, two thousand\nnine for a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe state shall contribute two-thirds of the three percent employee\ncontribution required pursuant to the provisions of this section on\nbehalf of such employee; and (3) on and after April first, two thousand\nten for a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe state shall contribute the three percent employee contribution\nrequired pursuant to the provisions of this section on behalf of such\nemployee. The provisions of this paragraph shall not apply to any\nelecting employee who becomes a member of the optional retirement\nprogram on or after April first, two thousand twelve.\n (d) Notwithstanding any other law to the contrary, beginning April\nfirst, two thousand thirteen any electing employee appointed on or after\nApril first, two thousand twelve, the rate at which each such employee\nshall contribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n (i) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n (ii) members with wages greater than forty-five thousand per annum,\nbut not more than fifty-five thousand per annum shall contribute three\nand one-half per centum of annual wages;\n (iii) members with wages greater than fifty-five thousand per annum,\nbut not more than seventy-five thousand per annum shall contribute four\nand one-half per centum of annual wages;\n (iv) members with wages greater than seventy-five thousand per annum\nbut not more than one hundred thousand per annum shall contribute five\nand three-quarters per centum of annual wages; and\n (v) members with wages greater than one hundred thousand per annum\nshall contribute six per centum of annual wages.\n Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the State University Optional Retirement\nProgram, such employee shall contribute a percent of annual wages in\naccordance with the preceding schedule based upon a projection of annual\nwages provided by the employer.\n 3. Payment of contributions pursuant to subdivisions one and two of\nthis section shall be made to the designated insurer or insurers upon\naudit and warrant of the comptroller for employees of the state\nuniversity and by the appropriate fiscal officer for employees of an\nelecting employer.\n 4. In the case of an electing employee initially appointed on or after\nJuly first, nineteen hundred sixty-four, no contributions pursuant to\nsubdivisions one and two of this section shall be made by the state or\nby the electing employer until his completion of one year of service and\ncontinuance in service thereafter. Employee contributions, if any,\nrequired during this initial year of service shall be deducted and held\nby the comptroller or by the appropriate fiscal officer of an electing\nemployer. At the end of his initial year of service, a single\ncontribution in an amount determined pursuant to subdivisions one and\ntwo of this section, with interest at the rate of four percentum per\nannum, shall be made by the state, upon audit and warrant of the\ncomptroller, and by the appropriate fiscal officer for an electing\nemployer, to the designated insurer or insurers, on behalf of such\nemployee continued in service. In the case of an electing employee who\ndoes not continue in service with state university or with a community\ncollege beyond his initial year of service, the amount of employee\ncontribution, if any, deducted from his salary shall be refunded to him,\nwith interest at the rate of four percentum per annum.\n 5. The provisions of subdivision four of this section shall not apply\nto any electing employee other than an employee appointed for a\nspecified period of less than three months who, at the time of initial\nappointment, owns a contract determined by the board to be similar to\nthose contracts to be purchased under the optional retirement program\nand issued by the designated insurer or insurers.\n