* § 1204-a. Pick up of member contributions by employer. a.\nNotwithstanding any other provision of law, each participating employer\nshall pick up the member contributions required to be made under section\ntwelve hundred four of this article by its employees and shall do so by\nreducing the salary of each of its employees to which this section is\napplicable by that amount which each such employee is required to\ncontribute under section twelve hundred four of this article. The\ncontributions so picked up shall be paid by each participating employer\nin lieu of the member contributions to be paid by its employees under\nthis section and shall be treated as employer contributions in\ndetermining income tax treatment under section 414(h) of the Internal\nRevenue Code. With the exception
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* § 1204-a. Pick up of member contributions by employer. a.\nNotwithstanding any other provision of law, each participating employer\nshall pick up the member contributions required to be made under section\ntwelve hundred four of this article by its employees and shall do so by\nreducing the salary of each of its employees to which this section is\napplicable by that amount which each such employee is required to\ncontribute under section twelve hundred four of this article. The\ncontributions so picked up shall be paid by each participating employer\nin lieu of the member contributions to be paid by its employees under\nthis section and shall be treated as employer contributions in\ndetermining income tax treatment under section 414(h) of the Internal\nRevenue Code. With the exception of federal income tax treatment, the\nmember contributions picked up pursuant to this subdivision shall for\nall other purposes, including computation of retirement benefits and\ncontributions by employers and employees, be deemed employee salary.\n b. Any employee (subject to this article) of a participating employer\nwho, in lieu of joining a public retirement system of the state, elected\nan optional retirement program to which their employers are thereby\nrequired to contribute shall, in order for the provisions of this\nsubdivision to apply, be required to execute a salary reduction\nagreement (in accordance with the regulations promulgated under section\n403(b) of the Internal Revenue Code) in an amount equal to the employee\ncontributions which would otherwise be mandatory under the provisions of\nstate law. With the exception of federal income tax treatment, the\nemployee contributions picked up or paid pursuant to this subdivision\nshall for all other purposes, including computation of retirement\nbenefits and contributions by employers and employees, be deemed\nemployee salary. Nothing contained in this subdivision shall be\nconstrued as superseding any provision of law which limits the salary\nbase for computing retirement benefits payable by a public retirement\nsystem.\n * NB See ch 525/2011 § 7 for effectiveness\n