2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 8-B - State University Optional Retirement Program › 392 - Rates of Contribution.

§ 392. 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,  with respect to
employees of state university, and the electing employer,  with  respect
to  employees  of  a community college, shall, during continuance of his
employment, make contributions at the rate of  nine  percentum  of  that
portion  of  his  salary  upon  which  contributions, if any, 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 any portion of his salary upon  which
such   contributions  are  not  paid,  out  of  monies  which  shall  be
appropriated to state university or which  shall  be  available  to  the
electing employer for such purpose. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the  state,  with  respect  to employees of the state university and the
electing employer, with respect to employees  of  a  community  college,
shall,  during  continuance of his employment, make contributions at the
rate of eight percentum of his salary during the first  seven  years  of
such  employment  and  at  the  rate  of  ten  percentum  of  his salary
thereafter, out of monies which  shall  be  appropriated  to  the  state
university or which shall be available to the electing employer for such
purpose.   For  purposes  of  this  subdivision,  that  portion  of  the
employee's salary upon which contributions are or may thereafter be paid
to the secretary of the  treasury  of  the  United  States  pursuant  to
article  three of the retirement and social security law shall be deemed
not to exceed sixteen thousand five hundred dollars.
1-a. Employer contributions. In the  case  of  any  electing  employee
excluded  from  or  not encompassed within a negotiating unit within the
meaning of article fourteen of the civil service law initially hired  on
or  after  July first, two thousand thirteen, the state and the electing
employer shall, during the continuance of his or  her  employment,  make
contributions at the rate of eight per centum of his or her salary.
2.  Employee  contributions. (a) In the case of any electing employee,
contributions at the rate of three percentum  of  his  salary  shall  be
deducted  as  the  employee  contribution  by the comptroller, or by the
appropriate  fiscal  officer  with  respect  to  an  electing  employer,
provided  however,  that such employee contribution shall be made by (i)
the state for  employees  other  than  those  employed  by  an  electing
employer  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 percentum 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, or (ii) by the electing  employer  in  accordance  with
subdivision  one of this section during such period as the contributions
of any members of either the New York state employees' retirement system
or the New York state teachers' retirement system or of any other public
retirement system in this state in its employ shall (a) be reduced by at
least eight percentum of their compensation in accordance  with  section
seventy-a  of  the  retirement  and  social security law or section five
hundred twenty-nine of this title or section B3-36.1 or section B20-41.1
of the administrative code of the city  of  New  York  or  (b)  employee
contributions  to  any  such  system  of  which any of its employees are
members are no longer required by reasons of such  system  becoming  non
contributory  for  such  employees;  and provided further, however, that

such employee contribution with respect to the fiscal year of  the  city
of  New  York  beginning on July first, nineteen hundred seventy-two and
ending on June thirtieth, nineteen hundred seventy-three shall  be  made
by  the  electing  employer  in the case of any electing employee who is
employed by a community college operated in such  city,  notwithstanding
any of the foregoing provisions of this subdivision to the contrary.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
or  any  other  provision  of  law  to  the contrary, but subject to the
provisions of subdivision d of  section  six  hundred  thirteen  of  the
retirement and social security law, in the case of any electing employee
initially  appointed on or after July first, nineteen hundred ninety-two
who is employed by a community college subject to the provisions of this
article which is operated in the city of New York, contributions at  the
rate  of  three  percentum of his or her salary shall be deducted as the
employee contribution by the appropriate fiscal officer with respect  to
such community college.
(c)  Notwithstanding  any other provision of this section or any other
law to the contrary, (1) on and after April first,  two  thousand  eight
for  a  member  who  joined  the optional retirement program established
pursuant to this article before April first, two thousand twelve and who
has ten or more years of membership in such optional retirement program,
the state shall contribute  one-third  of  the  three  percent  employee
contribution  required  pursuant  to  the  provisions of this section on
behalf of such employee; and (2) on and after April first, two  thousand
nine for a member who joined the optional retirement program established
pursuant to this article before April first, two thousand twelve and who
has ten or more years of membership in such optional retirement program,
the  state  shall  contribute  two-thirds  of the three percent employee
contribution required pursuant to the  provisions  of  this  section  on
behalf  of such employee; and (3) on and after April first, two thousand
ten for a member who joined the optional retirement program  established
pursuant to this article before April first, two thousand twelve and who
has ten or more years of membership in such optional retirement program,
the  state  shall  contribute  the  three  percent employee contribution
required pursuant to the provisions of this section on  behalf  of  such
employee.  The  provisions  of  this  paragraph  shall  not apply to any
electing employee who  becomes  a  member  of  the  optional  retirement
program on or after April first, two thousand twelve.
(d)  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:
(i) members with wages of forty-five thousand  dollars  per  annum  or
less shall contribute three per centum of annual wages;
(ii)  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;
(iii)  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;
(iv)  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
(v)  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  State  University  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  comptroller  for  employees  of  the state
university and by the appropriate fiscal officer  for  employees  of  an
electing employer.
4. In the case of an electing employee initially appointed on or after
July  first,  nineteen  hundred sixty-four, no contributions pursuant to
subdivisions one and two of this section shall be made by the  state  or
by the electing employer until his completion of one year of service and
continuance  in  service  thereafter.  Employee  contributions,  if any,
required during this initial year of service shall be deducted and  held
by  the  comptroller or by the appropriate fiscal officer of an electing
employer.  At  the  end  of  his  initial  year  of  service,  a  single
contribution  in  an  amount determined pursuant to subdivisions one and
two of this section, with interest at the rate  of  four  percentum  per
annum,  shall  be  made  by  the  state,  upon  audit and warrant of the
comptroller, and by the  appropriate  fiscal  officer  for  an  electing
employer,  to  the  designated  insurer  or  insurers, on behalf of such
employee continued in service. In the case of an electing  employee  who
does  not  continue in service with state university or with a community
college beyond his initial year  of  service,  the  amount  of  employee
contribution, if any, deducted from his salary shall be refunded to him,
with interest at the rate of four percentum per annum.
5.  The provisions of subdivision four of this section shall not apply
to any  electing  employee  other  than  an  employee  appointed  for  a
specified  period  of less than three months who, at the time of initial
appointment, owns a contract determined by the board to  be  similar  to
those  contracts  to  be purchased under the optional retirement program
and issued by the designated insurer or insurers.