2023 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.