NY Educ L § 6231 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 125 - City University of New York 6231 - Certain Payment by the State of New York to the City of New York.

§ 6231. Certain  payment  by  the state of New York to the city of New York. 1. a. (i) Notwithstanding any inconsistent provision of  law,  but subject  to the provisions of paragraph d of this subdivision, the state and the city of New York shall each contribute fifty per centum of:  (A) all unfunded accrued liability payments required to be made during the twelve-month period  commencing  on  July  first,  nineteen  hundred seventy-nine  pursuant  to  chapters  nine  hundred  seventy-five,  nine hundred seventy-six, and nine  hundred  seventy-seven  of  the  laws  of nineteen   hundred  seventy-seven  with  respect  to  required  employer contributions to the New York city employees' retirement system  and  to the New York city teachers' retirement system on account of employees of the senior colleges of the city university of New York; and  (B)  all  revised  unfunded  accrued liability payments (as defined in subdivision seven of section sixty-two  hundred  two  of  this  article) which  are required to be made during the twelve-month period commencing on July first, nineteen hundred eighty with respect to required employer contributions to such retirement systems on account of employees of such senior colleges; and  (C) all installments of the nineteen hundred eighty  unfunded  accrued liability  adjustment  (as  defined in subdivision eight of such section sixty-two hundred two), which installments  (if  such  adjustment  is  a charge)  are required to be paid in the twelve-month period beginning on July first, nineteen hundred eighty with respect  to  required  employer contributions to such retirement systems on account of employees of such senior colleges.  (ii)   Notwithstanding  any  inconsistent  provision  of  law  to  the contrary,  but  subject  to  the  provisions  of  paragraph  d  of  this subdivision,  the city of New York shall contribute twenty per centum of the  amount  of  one  year's  interest  required  to  be  paid  in   the twelve-month period beginning July first, nineteen hundred eighty on the amount  of  the balance sheet liability (as such liability is determined as of June thirtieth, nineteen hundred eighty) with respect to  required employer   contributions  to  such  retirement  systems  on  account  of employees of such senior colleges plus thirty per centum of that portion of the amount of  one  year's  interest  required  to  be  paid  in  the twelve-month period beginning July first, nineteen hundred eighty on the amount  of  the balance sheet liability which would represent the amount of one year's interest which would  be  required  on  the  amount  of  a hypothetical balance sheet liability had such hypothetical balance sheet liability   been   determined   on   June  thirtieth,  nineteen  hundred seventy-five, with respect to required employer  contributions  to  such retirement systems on account of employees of such senior colleges.  (iii)  Notwithstanding  any  inconsistent  provision  of  law  to  the contrary,  but  subject  to  the  provisions  of  paragraph  d  of  this subdivision,  the state of New York shall contribute that portion of the amount of one year's interest required to be paid  in  the  twelve-month period  beginning  July  first, nineteen hundred eighty on the amount of the balance sheet liability (as such liability is determined as of  June thirtieth,  nineteen  hundred  eighty) with respect to required employer contributions to such retirement systems on account of employees of such senior colleges, which  portion  shall  be  the  remainder  computed  by subtracting  from  the amount of such one year's interest required to be paid in such twelve-month period in  relation  to  such  employees,  the amount of interest required by subparagraph (ii) of this paragraph to be contributed by the city of New York.   b.  (i) Notwithstanding any inconsistent provision of law, but subject to the provisions of paragraph d of this  subdivision,  commencing  with the   twelve-month   period   beginning  July  first,  nineteen  hundred  eighty-one and ending with the twelve-month period terminating  on  June thirtieth,  nineteen  hundred ninety, the state and the city of New York shall each contribute fifty percentum of:  (A)  all  revised  unfunded  accrued liability payments (as defined in subdivision seven of section sixty-two  hundred  two  of  this  article) which  are  required  to  be  made  with  respect  to  required employer contributions to such retirement systems on account of employees of such senior colleges; and  (B) all installments of the nineteen hundred eighty  unfunded  accrued liability  adjustment  (as  defined in subdivision eight of such section sixty-two hundred two) which  installments  (if  such  adjustment  is  a charge)  are  required to be paid with respect to employer contributions to such retirement systems  on  account  of  employees  of  such  senior colleges.  (ii)   Notwithstanding  any  inconsistent  provision  of  law  to  the contrary,  but  subject  to  the  provisions  of  paragraph  d  of  this subdivision and subparagraph (iv) of this paragraph, commencing with the twelve-month  period  beginning  July first, nineteen hundred eighty-one and thereafter, the city of New York shall contribute twenty per  centum of that portion of the yearly installment of the balance sheet liability contribution  (as  defined in subdivision nine of such section sixty-two hundred two) payable with respect to each  such  retirement  system  for each   such  twelve-month  period  with  respect  to  required  employer contributions to such retirement system on account of employees of  such senior  colleges,  plus thirty per centum of that portion of the balance sheet liability contribution (as defined in  subdivision  nine  of  such section  sixty-two  hundred  two) which would represent the hypothetical balance sheet liability contribution which would have been  required  to be  made  with respect to employer contributions on account of employees of such  senior  colleges  if  the  balance  sheet  liability  had  been determined on June thirtieth, nineteen hundred seventy-five.  (iii)  Notwithstanding  any  inconsistent  provision  of  law  to  the contrary,  but  subject  to  the  provisions  of  paragraph  d  of  this subdivision and subparagraph (iv) of this paragraph, commencing with the twelve-month  period  beginning  July first, nineteen hundred eighty-one and thereafter, the state shall contribute that portion  of  the  yearly installment  of  the balance sheet liability contribution (as defined in subdivision nine of such section sixty-two  hundred  two)  payable  with respect to each such retirement system for each such twelve-month period with  respect  to  required  employer  contributions  to such retirement system on account of employees of such senior  colleges,  which  portion shall  be  the  remainder  computed  by  subtracting  from  such  yearly installment with respect to such retirement system on  account  of  such employees,  the amount which the provisions of subparagraph (ii) of this paragraph require the city of  New  York  to  contribute  for  the  same twelve-month period with respect to such retirement system.  (iv)  (A)  Notwithstanding  any  provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision,  the  city of  New York shall contribute, in each applicable twelve-month period of the twenty-year amortization schedule set forth  in  subdivision  bb  of section  13-638.2  of the administrative code of the city of New York, a portion of each of the following installments, which  portion  shall  be determined   pursuant   to  the  method  of  computation  set  forth  in subparagraph (ii) of this paragraph with respect to determination of the portion of the balance sheet liability contribution required to be  paid by the city:  (1)   all   NYCERS   installments   of  nineteen  hundred  ninety  BSL contribution  attributable  to  the  senior  colleges  (as  defined   in  subdivision  eight-m  of section sixty-two hundred two of this article); and  (2)   all   NYCTRS   installments   of  nineteen  hundred  ninety  BSL contribution  attributable  to  the  senior  colleges  (as  defined   in subdivision eight-n of section sixty-two hundred two of this article).  (B)  Notwithstanding any provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision,  the  state  shall contribute,  in  each  applicable twelve-month period of the twenty-year amortization schedule set forth in subdivision bb of section 13-638.2 of the administrative code of the city of New York, a portion  of  each  of the  installments  referred  to  in item (A) of this subparagraph, which portion shall be determined pursuant to the method  of  computation  set forth   in   subparagraph  (iii)  of  this  paragraph  with  respect  to determination of the portion of the balance sheet liability contribution required to be paid by the state.   c. (i) If the  nineteen  hundred  eighty  unfunded  accrued  liability adjustment  (as  defined  in subdivision eight of such section sixty-two hundred two) is a credit with  respect  to  either  of  such  retirement systems,  there  shall  be  determined  the  portion  of  the creditable installments of such  adjustment  attributable  to  the  New  York  city employees'   retirement  system  and  the  portion  of  such  creditable installments attributable to the  New  York  city  teachers'  retirement system. With respect to the twelve-month period beginning on July first, nineteen  hundred  eighty and each succeeding twelve-month period to and including the twelve-month period ending  on  June  thirtieth,  nineteen hundred  ninety,  one-half  of  the installment, for such period, of the credit attributable to the New York city  employees'  retirement  system shall  be  credited in favor of the city with respect to its obligations to make contributions to such retirement  system  for  such  period  and one-half  of  such  installment  shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system  for  such  period.  With  respect  to  the  twelve-month  period beginning  on  July  first,  nineteen hundred eighty and each succeeding twelve-month period to and including the twelve-month period  ending  on June  thirtieth,  nineteen  hundred ninety, one-half of the installment, for such period, of  the  credit  attributable  to  the  New  York  city teachers'  retirement system shall be credited in favor of the city with respect to its obligations to  make  contributions  to  such  retirement system  for  such  period  and  one-half  of  such  installment shall be credited in favor of the state with respect to its obligations  to  make contributions to such retirement system for such period.  (ii)  There  shall  be determined with respect to each such retirement system  the  portion  of  each  installment  of  the  nineteen   hundred eighty-two   unfunded   accrued  liability  adjustment  (as  defined  in subdivision eight-a of such section sixty-two hundred two) creditable in the twelve-month periods  beginning  on  July  first,  nineteen  hundred eighty-two  and ending on June thirtieth, nineteen hundred ninety, which portion is attributable  to  the  employees  of  such  senior  colleges. One-half  of  such  portion  shall be credited in favor of the city with respect to its obligations to make contributions to the  New  York  city employees'  retirement  system  in  each  such  twelve-month  period and one-half of such portion shall be credited in favor of  the  state  with respect  to  its  obligations  to  make contributions to such retirement system in such twelve-month period. With  respect  to  the  twelve-month period  beginning  on  July  first, nineteen hundred eighty-two and each succeeding twelve-month period to and including the twelve-month  period ending  on  June  thirtieth,  nineteen  hundred ninety, one-half of such portion applicable to the New  York  city  teachers'  retirement  system  shall  be  credited in favor of the city with respect to its obligations to  make  contributions  to  such  retirement  system   in   each   such twelve-month  period  and  one-half of such portion shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in such twelve-month period.   c-1.  (i) Notwithstanding any other provisions of law to the contrary, commencing  with  the  twelve-month  period  beginning  on  July  first, nineteen  hundred eighty-five and in each twelve-month period thereafter to and including the  twelve-month  period  ending  on  June  thirtieth, nineteen hundred ninety:  (A)  one-half of one annual installment of the NYCERS nineteen hundred eighty-five unfunded accrued liability adjustment  attributable  to  the senior  colleges (as defined in subdivision eight-b of section sixty-two hundred two of this article) shall be credited in favor of the city with respect to its obligations to make contributions of the  New  York  city employees' retirement system in each such twelve-month period; and  (B)  one-half of one such annual installment above referred to in this subparagraph shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in each such twelve-month period.  (ii) Notwithstanding any other provision of law to the contrary, there shall be determined the  portion  of  each  installment  of  the  NYCTRS nineteen  hundred  eighty-five unfunded accrued liability adjustment (as defined in subdivision eight-c of such section  sixty-two  hundred  two) creditable in the twelve-month periods beginning on July first, nineteen hundred  eighty-five  and  ending  on  June  thirtieth, nineteen hundred ninety, which portion is attributable to the employees  of  such  senior colleges.  One-half  of  such  portion shall be credited in favor of the city with respect to its obligations to make contributions  to  the  New York  city  teachers' retirement system in each such twelve-month period and one-half of such portion shall be credited in  favor  of  the  state with respect to its obligations to make contributions to such retirement system in such twelve-month period.  (iii)  Notwithstanding  any  other  provision  of law to the contrary, there shall be determined the portion of each installment of the  NYCTRS nineteen  hundred  eighty-six  unfunded accrued liability adjustment (as defined in subdivision eight-d of such section  sixty-two  hundred  two) creditable in the twelve-month periods beginning on July first, nineteen hundred  eighty-six  and  ending  on  June  thirtieth,  nineteen hundred ninety, which portion is attributable to the employees  of  such  senior colleges.  One-half  of  such  portion shall be credited in favor of the city with respect to its obligations to make contributions  to  the  New York  city  teachers' retirement system in each such twelve-month period and one-half of such portion shall be credited in  favor  of  the  state with respect to its obligations to make contributions to such retirement system in such twelve-month period.   c-2. Notwithstanding any other provisions of law to the contrary:  (i)  commencing  with the twelve-month period beginning on July first, nineteen hundred eighty-eight and in each twelve-month period thereafter to and including the  twelve-month  period  ending  on  June  thirtieth, nineteen hundred ninety:  (A) if the New York city employees' retirement system nineteen hundred eighty-eight  unfunded  accrued liability adjustment attributable to the senior colleges (as defined in subdivision eight-e of section  sixty-two hundred  two of this article) is a charge, the state and the city of New York shall each contribute to the New York  city  employees'  retirement system  one-half  of  each  of  the installments of such charge for such twelve-month periods; and  (B) if the New York city employees' retirement system nineteen hundred eighty-eight unfunded accrued liability adjustment attributable  to  the senior colleges is a credit, one-half of each installment of such credit for  such  twelve-month  periods shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system  for  the  twelve-month period to which such installment applies; and one-half of each such installment shall be credited in favor of  the city  of  New York with respect to its obligations to make contributions to such retirement system for the  twelve-month  period  to  which  such installment applies; and  (ii)  commencing with the twelve-month period beginning on July first, nineteen hundred eighty-eight and in each twelve-month period thereafter to and including the  twelve-month  period  ending  on  June  thirtieth, nineteen hundred ninety:  (A)  if the New York city teachers' retirement system nineteen hundred eighty-eight unfunded accrued liability adjustment attributable  to  the senior  colleges (as defined in subdivision eight-f of section sixty-two hundred two of this article) is a charge, the state and the city of  New York  shall  each  contribute  to the New York city teachers' retirement system one-half of each of the installments of such charge; and  (B) if the New York city teachers' retirement system nineteen  hundred eighty-eight  unfunded  accrued liability adjustment attributable to the senior colleges is a credit, one-half of each installment of such credit shall be credited in favor of the state with respect to its  obligations to  make  contributions  to  such retirement system for the twelve-month period to which such installment  applies  and  one-half  of  each  such installment  shall  be  credited  in  favor of the city of New York with respect to its obligations to  make  contributions  to  such  retirement system for the twelve-month period to which such installment applies.   c-3.  Notwithstanding  any  other  provision  of  law to the contrary, commencing with the twelve-month period constituting  the  first  fiscal year   of  the  applicable  designated  amortization  period  prescribed pursuant to subdivision k of section 13-638.2 of the administrative code of the city of New York with respect to any NYCERS post-June  thirtieth, nineteen   hundred   ninety   unfunded   accrued   liability  adjustment attributable to the senior colleges (as defined in  subdivision  eight-g of  such  section  sixty-two  hundred  two),  and  commencing  with  the twelve-month period constituting the first fiscal year of the applicable designated amortization period prescribed pursuant to such subdivision k with respect to any NYCTRS post-June thirtieth, nineteen hundred  ninety unfunded   accrued  liability  adjustment  attributable  to  the  senior colleges (as defined in subdivision eight-h of  such  section  sixty-two hundred two), and in each of the next succeeding twelve-month periods of such applicable designated period of amortization:  (i) if such adjustment is a charge, the state and the city of New York shall each contribute to the retirement system in relation to which such adjustment is established one-half of the installment of such adjustment due in such twelve-month period; and  (ii)  if  such  adjustment is a credit, one-half of the installment of such credit attributable to such twelve-month period shall  be  credited in   favor  of  the  city  with  respect  to  its  obligations  to  make contributions to such retirement system in such twelve-month period  and one-half  of  the  installment  of  such  credit  attributable  to  such twelve-month period shall be credited in favor of the state with respect to its obligations to make contributions to such  retirement  system  in such twelve-month period.   c-4.  Notwithstanding  any other provision of law to the contrary, but subject to the provisions of paragraph d of this  subdivision,  in  each  applicable  twelve-month period of the twenty-year amortization schedule set forth in subdivision bb of section 13-638.2  of  the  administrative code  of  the city of New York, the state and the city of New York shall each contribute one-half of the following installments:  (i)  all  NYCERS  phase-in installments of nineteen hundred ninety UAL contribution  attributable  to  the  senior  colleges  (as  defined   in subdivision eight-i of section sixty-two hundred two of this article);  (ii)  all  NYCERS  regular installments of nineteen hundred ninety UAL contribution  attributable  to  the  senior  colleges  (as  defined   in subdivision eight-j of section sixty-two hundred two of this article);  (iii)  all NYCTRS phase-in installments of nineteen hundred ninety UAL contribution  attributable  to  the  senior  colleges  (as  defined   in subdivision  eight-k  of section sixty-two hundred two of this article); and  (iv) all NYCTRS regular installments of nineteen  hundred  ninety  UAL contribution   attributable  to  the  senior  colleges  (as  defined  in subdivision eight-1 of section sixty-two hundred two of this article).   d. The costs of such unfunded accrued liability contributions, revised unfunded accrued liability contributions, contributions  on  account  of installments  of  nineteen  hundred  eighty  unfunded  accrued liability adjustment (if such adjustment is a charge), contributions on account of New York city employees' retirement system nineteen hundred eighty-eight unfunded  accrued  liability  adjustment  attributable  to  the   senior colleges  (if  such  adjustment is a charge) and New York city teachers' retirement  system  nineteen  hundred  eighty-eight   unfunded   accrued liability  adjustment  attributable  to  the  senior  colleges  (if such adjustment  is  a  charge),  contributions  on  account  of  any  NYCERS post-June  thirtieth, nineteen hundred ninety unfunded accrued liability adjustment attributable to the senior colleges (if such adjustment is  a charge),  contributions  on  account  of any NYCTRS post-June thirtieth, nineteen  hundred   ninety   unfunded   accrued   liability   adjustment attributable  to  the  senior colleges (if such adjustment is a charge), balance sheet liability contributions and  contribution  on  account  of interest  on  balance  sheet liability and contributions for twenty-year amortization of nineteen hundred ninety senior college consolidated  UAL and  senior  college remainder of BSL (as defined in subdivision eight-o of section sixty-two  hundred  two  of  this  article)  referred  to  in paragraphs  a,  b,  c-1,  c-2,  c-3 and c-4 of this subdivision shall be pre-financed from city of New York funds. The state shall reimburse  the city of New York for the state's share of such costs in relation to such employees  resulting  from such contributions payable to such retirement systems during the periods beginning on  July  first,  nineteen  hundred seventy-nine  and  thereafter  according  to  the repayment schedule set forth for the senior colleges in subparagraph three of subdivision A  of section sixty-two hundred twenty-one of this article.   2.  For  each  city  fiscal  year,  the  board of trustees of the city university shall submit a proposed  budget  request  for  such  employer contribution  as  defined  in  subdivision  one  above  in such form and content as shall be required by the state director of the  budget.  Such proposed  budget request shall be submitted to the governor by the first day of October of each year, with copies  at  such  time  to  the  state director  of the budget, the senate finance committee, the assembly ways and means committee and, for information purposes, the director  of  the office  of  management  and budget of the city of New York. The governor shall submit his recommendations with respect  to  such  budget  to  the legislature  as  part  of  the local assistance portion of the executive budget.    3. The  state  comptroller  shall  annually  audit  the  amounts  paid pursuant  to this section and shall make a report as soon as practicable thereon to the governor, the temporary  president  of  the  senate,  the speaker of the assembly and the mayor of the city of New York.