NY Educ L § 182 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 3 - Education Department Part 5 - Education Department Optional Retirement Program 182 - Rates of Contribution.

§ 182. Rates  of  contribution. 1. Employer contributions. In the case of  any  electing  employee  initially  appointed  on  or  before   June thirtieth,   nineteen   hundred  ninety-two,  the  state  shall,  during continuance of his employment, make contributions at the  rate  of  nine percentum  of  that portion of his state salary upon which contributions are or may hereafter be paid to the secretary of  the  treasury  of  the United  States  pursuant  to  article three of the retirement and social security law and at the rate of twelve percentum of that portion of  his state   salary   above  said  amount,  out  of  moneys  which  shall  be appropriated to the department for such purpose.  In  the  case  of  any electing  employee  initially appointed on or after July first, nineteen hundred  ninety-two,  the  state  shall,  during  continuance   of   his employment,  make  contributions  at  the rate of eight percentum of his state salary during the first seven years of such employment and at  the rate  of  ten  percentum  of his state salary, thereafter, out of moneys which shall be appropriated to the  department  for  such  purpose.  For purposes of this subdivision, that portion of the employee's salary upon which  contributions  are  paid  to the secretary of the treasury of the United States pursuant to article three of  the  retirement  and  social security law shall not exceed sixteen thousand five hundred dollars.   2.  Employee  contributions.  In  the  case  of any electing employee, contributions at the rate of three per centum of his state salary  shall be  deducted  by  the  state  comptroller  as the employee contribution, provided however, that such employee contribution shall be made  by  the state  in  accordance  with  subdivision one of this section during such period as (a) either section seventy-a  of  the  retirement  and  social security law or section five hundred twenty-eight of this title provides that  the  contribution  of each member of the New York state employees' retirement system or the New York state teachers' retirement  system  in the employ of the state shall be reduced by at least eight per centum of his  compensation,  or  (b) employee contributions to either such system are no longer required by reason of such system becoming noncontributory for state employees.   Notwithstanding any other law to the contrary, beginning April  first, two  thousand thirteen any electing employee appointed on or after April first, two thousand twelve, the rate at which each such  employee  shall contribute   in  any  current  plan  year  (January  first  to  December thirty-first) shall be determined by reference  to  the  wages  of  such member  in the second plan year (January first to December thirty-first) preceding such current plan year as follows:  (a) members with wages of forty-five thousand  dollars  per  annum  or less shall contribute three per centum of annual wages;  (b) members with wages greater than forty-five thousand per annum, but not  more  than fifty-five thousand per annum shall contribute three and one-half per centum of annual wages;  (c) members with wages greater than fifty-five thousand per annum, but not more than seventy-five thousand per annum shall contribute four  and one-half per centum of annual wages;  (d)  members  with  wages greater than seventy-five thousand per annum but not more than one hundred thousand per annum shall  contribute  five and three-quarters per centum of annual wages; and  (e)  members  with  wages  greater than one hundred thousand per annum shall contribute six per centum of annual wages.   Notwithstanding the foregoing, during each of  the  first  three  plan years  (January first to December thirty-first) in which such member has established membership in the Education Department  Optional  Retirement Program,  such  employee  shall  contribute a percent of annual wages in  accordance with the preceding schedule based upon a projection of annual wages provided by the employer.   3.  Payment  of  contributions pursuant to subdivisions one and two of this section shall be made to the designated insurer  or  insurers  upon audit and warrant of the state comptroller.