§ 6231 — Certain payment by the state of New York to the city of New York

New York § 6231

• Jurisdiction: New York
• Law EDN: Education
• Title 7: State and City Colleges and Institutions-cornell University
• Art. 125: City University of New York

Text

§ 6231. Certain payment by the state of New York to the city of New\nYork. 1. a. (i) Notwithstanding any inconsistent provision of law, but\nsubject to the provisions of paragraph d of this subdivision, the state\nand the city of New York shall each contribute fifty per centum of:\n (A) all unfunded accrued liability payments required to be made during\nthe twelve-month period commencing on July first, nineteen hundred\nseventy-nine pursuant to chapters nine hundred seventy-five, nine\nhundred seventy-six, and nine hundred seventy-seven of the laws of\nnineteen hundred seventy-seven with respect to required employer\ncontributions to the New York city employees' retirement system and to\nthe New York city teachers' retirement system on account of employees of\nthe senior colleges of the city university of New York; and\n (B) all revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made during the twelve-month period commencing\non July first, nineteen hundred eighty with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges; and\n (C) all installments of the nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two), which installments (if such adjustment is a\ncharge) are required to be paid in the twelve-month period beginning on\nJuly first, nineteen hundred eighty with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges.\n (ii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision, the city of New York shall contribute twenty per centum of\nthe amount of one year's interest required to be paid in the\ntwelve-month period beginning July first, nineteen hundred eighty on the\namount of the balance sheet liability (as such liability is determined\nas of June thirtieth, nineteen hundred eighty) with respect to required\nemployer contributions to such retirement systems on account of\nemployees of such senior colleges plus thirty per centum of that portion\nof the amount of one year's interest required to be paid in the\ntwelve-month period beginning July first, nineteen hundred eighty on the\namount of the balance sheet liability which would represent the amount\nof one year's interest which would be required on the amount of a\nhypothetical balance sheet liability had such hypothetical balance sheet\nliability been determined on June thirtieth, nineteen hundred\nseventy-five, with respect to required employer contributions to such\nretirement systems on account of employees of such senior colleges.\n (iii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision, the state of New York shall contribute that portion of the\namount of one year's interest required to be paid in the twelve-month\nperiod beginning July first, nineteen hundred eighty on the amount of\nthe balance sheet liability (as such liability is determined as of June\nthirtieth, nineteen hundred eighty) with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges, which portion shall be the remainder computed by\nsubtracting from the amount of such one year's interest required to be\npaid in such twelve-month period in relation to such employees, the\namount of interest required by subparagraph (ii) of this paragraph to be\ncontributed by the city of New York.\n b. (i) Notwithstanding any inconsistent provision of law, but subject\nto the provisions of paragraph d of this subdivision, commencing with\nthe twelve-month period beginning July first, nineteen hundred\neighty-one and ending with the twelve-month period terminating on June\nthirtieth, nineteen hundred ninety, the state and the city of New York\nshall each contribute fifty percentum of:\n (A) all revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges; and\n (B) all installments of the nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two) which installments (if such adjustment is a\ncharge) are required to be paid with respect to employer contributions\nto such retirement systems on account of employees of such senior\ncolleges.\n (ii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision and subparagraph (iv) of this paragraph, commencing with the\ntwelve-month period beginning July first, nineteen hundred eighty-one\nand thereafter, the city of New York shall contribute twenty per centum\nof that portion of the yearly installment of the balance sheet liability\ncontribution (as defined in subdivision nine of such section sixty-two\nhundred two) payable with respect to each such retirement system for\neach such twelve-month period with respect to required employer\ncontributions to such retirement system on account of employees of such\nsenior colleges, plus thirty per centum of that portion of the balance\nsheet liability contribution (as defined in subdivision nine of such\nsection sixty-two hundred two) which would represent the hypothetical\nbalance sheet liability contribution which would have been required to\nbe made with respect to employer contributions on account of employees\nof such senior colleges if the balance sheet liability had been\ndetermined on June thirtieth, nineteen hundred seventy-five.\n (iii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision and subparagraph (iv) of this paragraph, commencing with the\ntwelve-month period beginning July first, nineteen hundred eighty-one\nand thereafter, the state shall contribute that portion of the yearly\ninstallment of the balance sheet liability contribution (as defined in\nsubdivision nine of such section sixty-two hundred two) payable with\nrespect to each such retirement system for each such twelve-month period\nwith respect to required employer contributions to such retirement\nsystem on account of employees of such senior colleges, which portion\nshall be the remainder computed by subtracting from such yearly\ninstallment with respect to such retirement system on account of such\nemployees, the amount which the provisions of subparagraph (ii) of this\nparagraph require the city of New York to contribute for the same\ntwelve-month period with respect to such retirement system.\n (iv) (A) Notwithstanding any provision of law to the contrary, but\nsubject to the provisions of paragraph d of this subdivision, the city\nof New York shall contribute, in each applicable twelve-month period of\nthe twenty-year amortization schedule set forth in subdivision bb of\nsection 13-638.2 of the administrative code of the city of New York, a\nportion of each of the following installments, which portion shall be\ndetermined pursuant to the method of computation set forth in\nsubparagraph (ii) of this paragraph with respect to determination of the\nportion of the balance sheet liability contribution required to be paid\nby the city:\n (1) all NYCERS installments of nineteen hundred ninety BSL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-m of section sixty-two hundred two of this article);\nand\n (2) all NYCTRS installments of nineteen hundred ninety BSL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-n of section sixty-two hundred two of this article).\n (B) Notwithstanding any provision of law to the contrary, but subject\nto the provisions of paragraph d of this subdivision, the state shall\ncontribute, in each applicable twelve-month period of the twenty-year\namortization schedule set forth in subdivision bb of section 13-638.2 of\nthe administrative code of the city of New York, a portion of each of\nthe installments referred to in item (A) of this subparagraph, which\nportion shall be determined pursuant to the method of computation set\nforth in subparagraph (iii) of this paragraph with respect to\ndetermination of the portion of the balance sheet liability contribution\nrequired to be paid by the state.\n c. (i) If the nineteen hundred eighty unfunded accrued liability\nadjustment (as defined in subdivision eight of such section sixty-two\nhundred two) is a credit with respect to either of such retirement\nsystems, there shall be determined the portion of the creditable\ninstallments of such adjustment attributable to the New York city\nemployees' retirement system and the portion of such creditable\ninstallments attributable to the New York city teachers' retirement\nsystem. With respect to the twelve-month period beginning on July first,\nnineteen hundred eighty and each succeeding twelve-month period to and\nincluding the twelve-month period ending on June thirtieth, nineteen\nhundred ninety, one-half of the installment, for such period, of the\ncredit attributable to the New York city employees' retirement system\nshall be credited in favor of the city with respect to its obligations\nto make contributions to such retirement system for such period and\none-half of such installment shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem for such period. With respect to the twelve-month period\nbeginning on July first, nineteen hundred eighty and each succeeding\ntwelve-month period to and including the twelve-month period ending on\nJune thirtieth, nineteen hundred ninety, one-half of the installment,\nfor such period, of the credit attributable to the New York city\nteachers' retirement system shall be credited in favor of the city with\nrespect to its obligations to make contributions to such retirement\nsystem for such period and one-half of such installment shall be\ncredited in favor of the state with respect to its obligations to make\ncontributions to such retirement system for such period.\n (ii) There shall be determined with respect to each such retirement\nsystem the portion of each installment of the nineteen hundred\neighty-two unfunded accrued liability adjustment (as defined in\nsubdivision eight-a of such section sixty-two hundred two) creditable in\nthe twelve-month periods beginning on July first, nineteen hundred\neighty-two and ending on June thirtieth, nineteen hundred ninety, which\nportion is attributable to the employees of such senior colleges.\nOne-half of such portion shall be credited in favor of the city with\nrespect to its obligations to make contributions to the New York city\nemployees' retirement system in each such twelve-month period and\none-half of such portion shall be credited in favor of the state with\nrespect to its obligations to make contributions to such retirement\nsystem in such twelve-month period. With respect to the twelve-month\nperiod beginning on July first, nineteen hundred eighty-two and each\nsucceeding twelve-month period to and including the twelve-month period\nending on June thirtieth, nineteen hundred ninety, one-half of such\nportion applicable to the New York city teachers' retirement system\nshall be credited in favor of the city with respect to its obligations\nto make contributions to such retirement system in each such\ntwelve-month period and one-half of such portion shall be credited in\nfavor of the state with respect to its obligations to make contributions\nto such retirement system in such twelve-month period.\n c-1. (i) Notwithstanding any other provisions of law to the contrary,\ncommencing with the twelve-month period beginning on July first,\nnineteen hundred eighty-five and in each twelve-month period thereafter\nto and including the twelve-month period ending on June thirtieth,\nnineteen hundred ninety:\n (A) one-half of one annual installment of the NYCERS nineteen hundred\neighty-five unfunded accrued liability adjustment attributable to the\nsenior colleges (as defined in subdivision eight-b of section sixty-two\nhundred two of this article) shall be credited in favor of the city with\nrespect to its obligations to make contributions of the New York city\nemployees' retirement system in each such twelve-month period; and\n (B) one-half of one such annual installment above referred to in this\nsubparagraph shall be credited in favor of the state with respect to its\nobligations to make contributions to such retirement system in each such\ntwelve-month period.\n (ii) Notwithstanding any other provision of law to the contrary, there\nshall be determined the portion of each installment of the NYCTRS\nnineteen hundred eighty-five unfunded accrued liability adjustment (as\ndefined in subdivision eight-c of such section sixty-two hundred two)\ncreditable in the twelve-month periods beginning on July first, nineteen\nhundred eighty-five and ending on June thirtieth, nineteen hundred\nninety, which portion is attributable to the employees of such senior\ncolleges. One-half of such portion shall be credited in favor of the\ncity with respect to its obligations to make contributions to the New\nYork city teachers' retirement system in each such twelve-month period\nand one-half of such portion shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem in such twelve-month period.\n (iii) Notwithstanding any other provision of law to the contrary,\nthere shall be determined the portion of each installment of the NYCTRS\nnineteen hundred eighty-six unfunded accrued liability adjustment (as\ndefined in subdivision eight-d of such section sixty-two hundred two)\ncreditable in the twelve-month periods beginning on July first, nineteen\nhundred eighty-six and ending on June thirtieth, nineteen hundred\nninety, which portion is attributable to the employees of such senior\ncolleges. One-half of such portion shall be credited in favor of the\ncity with respect to its obligations to make contributions to the New\nYork city teachers' retirement system in each such twelve-month period\nand one-half of such portion shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem in such twelve-month period.\n c-2. Notwithstanding any other provisions of law to the contrary:\n (i) commencing with the twelve-month period beginning on July first,\nnineteen hundred eighty-eight and in each twelve-month period thereafter\nto and including the twelve-month period ending on June thirtieth,\nnineteen hundred ninety:\n (A) if the New York city employees' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges (as defined in subdivision eight-e of section sixty-two\nhundred two of this article) is a charge, the state and the city of New\nYork shall each contribute to the New York city employees' retirement\nsystem one-half of each of the installments of such charge for such\ntwelve-month periods; and\n (B) if the New York city employees' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges is a credit, one-half of each installment of such credit\nfor such twelve-month periods shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem for the twelve-month period to which such installment applies;\nand one-half of each such installment shall be credited in favor of the\ncity of New York with respect to its obligations to make contributions\nto such retirement system for the twelve-month period to which such\ninstallment applies; and\n (ii) commencing with the twelve-month period beginning on July first,\nnineteen hundred eighty-eight and in each twelve-month period thereafter\nto and including the twelve-month period ending on June thirtieth,\nnineteen hundred ninety:\n (A) if the New York city teachers' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges (as defined in subdivision eight-f of section sixty-two\nhundred two of this article) is a charge, the state and the city of New\nYork shall each contribute to the New York city teachers' retirement\nsystem one-half of each of the installments of such charge; and\n (B) if the New York city teachers' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges is a credit, one-half of each installment of such credit\nshall be credited in favor of the state with respect to its obligations\nto make contributions to such retirement system for the twelve-month\nperiod to which such installment applies and one-half of each such\ninstallment shall be credited in favor of the city of New York with\nrespect to its obligations to make contributions to such retirement\nsystem for the twelve-month period to which such installment applies.\n c-3. Notwithstanding any other provision of law to the contrary,\ncommencing with the twelve-month period constituting the first fiscal\nyear of the applicable designated amortization period prescribed\npursuant to subdivision k of section 13-638.2 of the administrative code\nof the city of New York with respect to any NYCERS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-g\nof such section sixty-two hundred two), and commencing with the\ntwelve-month period constituting the first fiscal year of the applicable\ndesignated amortization period prescribed pursuant to such subdivision k\nwith respect to any NYCTRS post-June thirtieth, nineteen hundred ninety\nunfunded accrued liability adjustment attributable to the senior\ncolleges (as defined in subdivision eight-h of such section sixty-two\nhundred two), and in each of the next succeeding twelve-month periods of\nsuch applicable designated period of amortization:\n (i) if such adjustment is a charge, the state and the city of New York\nshall each contribute to the retirement system in relation to which such\nadjustment is established one-half of the installment of such adjustment\ndue in such twelve-month period; and\n (ii) if such adjustment is a credit, one-half of the installment of\nsuch credit attributable to such twelve-month period shall be credited\nin favor of the city with respect to its obligations to make\ncontributions to such retirement system in such twelve-month period and\none-half of the installment of such credit attributable to such\ntwelve-month period shall be credited in favor of the state with respect\nto its obligations to make contributions to such retirement system in\nsuch twelve-month period.\n c-4. Notwithstanding any other provision of law to the contrary, but\nsubject to the provisions of paragraph d of this subdivision, in each\napplicable twelve-month period of the twenty-year amortization schedule\nset forth in subdivision bb of section 13-638.2 of the administrative\ncode of the city of New York, the state and the city of New York shall\neach contribute one-half of the following installments:\n (i) all NYCERS phase-in installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-i of section sixty-two hundred two of this article);\n (ii) all NYCERS regular installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-j of section sixty-two hundred two of this article);\n (iii) all NYCTRS phase-in installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-k of section sixty-two hundred two of this article);\nand\n (iv) all NYCTRS regular installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-1 of section sixty-two hundred two of this article).\n d. The costs of such unfunded accrued liability contributions, revised\nunfunded accrued liability contributions, contributions on account of\ninstallments of nineteen hundred eighty unfunded accrued liability\nadjustment (if such adjustment is a charge), contributions on account of\nNew York city employees' retirement system nineteen hundred eighty-eight\nunfunded accrued liability adjustment attributable to the senior\ncolleges (if such adjustment is a charge) and New York city teachers'\nretirement system nineteen hundred eighty-eight unfunded accrued\nliability adjustment attributable to the senior colleges (if such\nadjustment is a charge), contributions on account of any NYCERS\npost-June thirtieth, nineteen hundred ninety unfunded accrued liability\nadjustment attributable to the senior colleges (if such adjustment is a\ncharge), contributions on account of any NYCTRS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (if such adjustment is a charge),\nbalance sheet liability contributions and contribution on account of\ninterest on balance sheet liability and contributions for twenty-year\namortization of nineteen hundred ninety senior college consolidated UAL\nand senior college remainder of BSL (as defined in subdivision eight-o\nof section sixty-two hundred two of this article) referred to in\nparagraphs a, b, c-1, c-2, c-3 and c-4 of this subdivision shall be\npre-financed from city of New York funds. The state shall reimburse the\ncity of New York for the state's share of such costs in relation to such\nemployees resulting from such contributions payable to such retirement\nsystems during the periods beginning on July first, nineteen hundred\nseventy-nine and thereafter according to the repayment schedule set\nforth for the senior colleges in subparagraph three of subdivision A of\nsection sixty-two hundred twenty-one of this article.\n 2. For each city fiscal year, the board of trustees of the city\nuniversity shall submit a proposed budget request for such employer\ncontribution as defined in subdivision one above in such form and\ncontent as shall be required by the state director of the budget. Such\nproposed budget request shall be submitted to the governor by the first\nday of October of each year, with copies at such time to the state\ndirector of the budget, the senate finance committee, the assembly ways\nand means committee and, for information purposes, the director of the\noffice of management and budget of the city of New York. The governor\nshall submit his recommendations with respect to such budget to the\nlegislature as part of the local assistance portion of the executive\nbudget.\n 3. The state comptroller shall annually audit the amounts paid\npursuant to this section and shall make a report as soon as practicable\nthereon to the governor, the temporary president of the senate, the\nspeaker of the assembly and the mayor of the city of New York.\n