2023 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.