NY Ret & SS L § 17-D (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 2 - Establishment, Management, Supervision and Financing 17-D - Amortization of a Portion of the Bills for Participating Employers for the Two Thousand Six--Two Thousand Seven Fiscal Year.

§  17-d.  Amortization  of  a  portion  of the bills for participating employers for the two thousand six--two thousand seven fiscal  year.  a. If  the  comptroller,  in  his  or  her  discretion,  decides  to permit amortization of employer contributions pursuant to this  section,  then, on  or  about  October fifteenth, two thousand five, on the basis of the annual actuarial valuation provided for in this chapter, the comptroller shall determine the amount (exclusive of payments for  group  term  life insurance,  deficiency  payments,  adjustments  relating to prior fiscal years' obligations and obligations pertaining to  retirement  incentives or  any  other obligations that a participating employer is permitted to pay  on  an  amortized  basis)  of  the  annual   contribution   for   a participating  employer  pursuant  to  section  twenty-three-a  of  this article due for the fiscal year ending March thirty-first, two  thousand seven.  The  amount  by which such contribution exceeds ten and one-half percent of the estimated pensionable salary base  for  the  fiscal  year ending  March  thirty-first,  two  thousand  seven  shall be the "amount eligible for amortization". An amount up to  the  "amount  eligible  for amortization"  may  be amortized over a ten-year period at eight percent interest per annum, with the first of  ten  equal  payments  payable  on February first, two thousand eight, provided, however, that on or before September  first,  two  thousand  six,  the  comptroller,  in his or her discretion, may establish a fixed rate  of  interest  per  annum  to  be applied to the amounts eligible for amortization of all employers, which more  closely approximates a market rate of return on taxable fixed rate securities with similar terms issued by comparable issuers.   b. A participating  employer,  may,  in  lieu  of  paying  its  entire February first, two thousand seven bill, pay a lesser amount on February first,  two  thousand seven which shall be determined by the comptroller by adding the following three amounts together:  (1) the entire February first, two  thousand  seven  bill,  calculated pursuant to section twenty-three-a of this article (without reference to this  section)  less  the  "amount eligible for amortization" determined pursuant to subdivision a of this section;  (2)  the  first  annual  installment  of  the  "amount  eligible   for amortization"   determined   pursuant   to   subdivision  a  of  section seventeen-c of this article, if applicable; and  (3)  the  second  annual  installment  of  the  "amount  eligible  for amortization"   determined   pursuant   to   subdivision  a  of  section seventeen-b of this article, if applicable.   c. A participating employer making a payment pursuant to subdivision b of this section shall pay on  February  first,  two  thousand  eight  an amount  determined  by  the  comptroller  by  adding  the following four amounts together:  (1) the entire February first, two  thousand  eight  bill,  calculated pursuant to section twenty-three-a of this article (without reference to this section);  (2)   the  first  annual  installment  of  the  "amount  eligible  for amortization" determined pursuant to subdivision a of this section;  (3)  the  second  annual  installment  of  the  "amount  eligible  for amortization"   determined   pursuant   to   subdivision  a  of  section seventeen-c of this article, if applicable; and  (4)  the  third  annual  installment  of  the  "amount  eligible   for amortization"   determined   pursuant   to   subdivision  a  of  section seventeen-b of this article, if applicable.   d. Amortized payments determined  pursuant  to  sections  seventeen-b, seventeen-c  and  pursuant  to  this section shall be due and payable on February first of each year during the applicable  amortization  period. The  comptroller  shall  have the authority to permit the pre-payment of  the  remaining  balance  of  the  "amount  eligible  for   amortization" determined pursuant to all such sections subject to the following:  (1) on or before November fifteenth, two thousand seven in addition to the  amount  due for the current year billing and for the payment of the amortized annual installment determined pursuant to section seventeen-b, seventeen-c and pursuant to this section, the comptroller  shall  advise the  participating employer of the total amount due and be authorized to accept pre-payment in  full  of  said  amount  by  February  first,  two thousand eight.  (2)  on  or  before each November fifteenth thereafter, in addition to the amount due for the current year billing and for the payment  of  the annual   amortized   installments,  the  comptroller  shall  advise  the participating employer of the total  amount  still  outstanding  and  be authorized to accept the pre-payment of any balance remaining to be paid by February first of the succeeding year.