2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 3 - Establishment, Management, Supervision and Financing › 317-C - Amortization of a Portion of the Bills for Participating Employers for the Two Thousand Five--Two Thousand Six Fiscal Year.

§  317-c.  Amortization  of  a  portion of the bills for participating
employers for the two thousand five--two thousand six 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 four, 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
six. The amount by which such contribution  exceeds  nine  and  one-half
percent  of  the  estimated  pensionable salary base for the fiscal year
ending March  thirty-first,  two  thousand  six  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 seven, provided, however, that on or before
September first, two thousand  five  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 six bill, pay a lesser amount  on  February
first,  two thousand six which shall be determined by the comptroller by
adding the following two amounts together:
(1) the entire February  first,  two  thousand  six  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; and
(2)  the  first  annual  installment  of  the  "amount  eligible   for
amortization"  determined  pursuant  to  subdivision  a of section three
hundred 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  seven  an
amount  determined  by  the  comptroller  by  adding the following three
amounts together:
(1) the entire February first, two  thousand  seven  bill,  calculated
pursuant  to  section  three  hundred  twenty-three-a  of  this  article
(without reference to this  section),  less  the  "amount  eligible  for
amortization"  determined  pursuant to section three hundred seventeen-d
of this article, if applicable;
(2)  the  first  annual  installment  of  the  "amount  eligible   for
amortization" determined pursuant to subdivision a of this section; and
(3)  the  second  annual  installment  of  the  "amount  eligible  for
amortization" determined pursuant to  subdivision  a  of  section  three
hundred seventeen-b of this article, if applicable.
d.  Amortized  payments  determined  pursuant to section three hundred
seventeen-b 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 both such sections subject to the following:
(1) on or before November fifteenth, two thousand five in addition  to
the  amount  due for the current year billing and for the payment of the

amortized  annual  installment  determined  pursuant  to  section  three
hundred  seventeen-b 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 six.
(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.