S08134 Summary:

BILL NOS08134
 
SAME ASNo Same As
 
SPONSORJACKSON
 
COSPNSRSANDERS
 
MLTSPNSR
 
Amd §§517, 613 & 1204, R & SS L; amd §§182, 392 & 6252, Ed L
 
Provides that retirement contributions of public employees with ten or more years of service shall be three per centum per annum.
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S08134 Actions:

BILL NOS08134
 
05/15/2025REFERRED TO CIVIL SERVICE AND PENSIONS
01/07/2026REFERRED TO CIVIL SERVICE AND PENSIONS
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S08134 Committee Votes:

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S08134 Floor Votes:

There are no Assembly votes for this bill in this legislative session.
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S08134 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8134
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by Sens. JACKSON, SANDERS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions
 
        AN ACT to amend the retirement and social security law and the education
          law, in relation to the  retirement  contributions  of  career  public
          employees

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision a of section 517 of the retirement  and  social
     2  security  law,  as amended by chapter 18 of the laws of 2012, the second
     3  undesignated paragraph as amended by section 1 of part KK of chapter  55
     4  of the laws of 2024, is amended to read as follows:
     5    a.  Members  shall  contribute  three  percent  of annual wages to the
     6  retirement system in which they  have  membership,  provided  that  such
     7  contributions  shall  not  be  required  for more than thirty years, for
     8  general members, or twenty-five years, for police/fire  members,  except
     9  that  beginning April first, two thousand thirteen for members who first
    10  become members of the New York state  and  local  employees'  retirement
    11  system  on  or after April first, two thousand twelve, the rate at which
    12  each such member shall contribute in any current plan year (April  first
    13  to  March thirty-first) shall be determined by reference to the wages of
    14  such member in the second plan year (April first to March  thirty-first)
    15  preceding such current plan year as follows:
    16    1. members with wages of forty-five thousand dollars per annum or less
    17  shall contribute three per centum of annual wages;
    18    2.  members with wages greater than forty-five thousand per annum, but
    19  not more than fifty-five thousand per annum shall contribute  three  and
    20  one-half per centum of annual wages;
    21    3.  members with wages greater than fifty-five thousand per annum, but
    22  not more than seventy-five thousand per annum shall contribute four  and
    23  one-half per centum of annual wages;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11201-02-5

        S. 8134                             2
 
     1    4. members with wages greater than seventy-five thousand per annum but
     2  not  more  than one hundred thousand per annum shall contribute five and
     3  three-quarters per centum of annual wages; and
     4    5.  members  with  wages  greater  than one hundred thousand per annum
     5  shall contribute six per centum of annual wages.
     6    Notwithstanding the foregoing, during each of  the  first  three  plan
     7  years  (April  first  to  March  thirty-first)  in which such member has
     8  established membership in  the  New  York  state  and  local  employees'
     9  retirement  system,  such member shall contribute a percentage of annual
    10  wages in accordance with the preceding schedule based upon a  projection
    11  of annual wages provided by the employer. Notwithstanding the foregoing,
    12  when  determining the rate at which each such member who became a member
    13  of the New York state and local employees' retirement system on or after
    14  April first, two thousand twelve shall  contribute  for  any  plan  year
    15  (April  first  to  March thirty-first) between April first, two thousand
    16  twenty-two and April first, two thousand twenty-six, such rate shall  be
    17  determined by reference to employees annual base wages of such member in
    18  the  second plan year (April first to March thirty-first) preceding such
    19  current plan year. Base wages shall include regular pay, shift differen-
    20  tial pay, location pay, and any increased hiring rate pay, but shall not
    21  include any overtime payments.
    22    Notwithstanding the foregoing, on and after the effective date of this
    23  paragraph, the rate of contribution for members with ten or  more  years
    24  of membership shall be three per centum of annual wages.
    25    The  head  of each retirement system shall promulgate such regulations
    26  as may be necessary and appropriate with respect  to  the  deduction  of
    27  such  contribution  from  members'  wages and for the maintenance of any
    28  special fund or funds with respect to amounts so contributed.
    29    § 2. Subdivision a of section 613 of the retirement and social securi-
    30  ty law, as amended by chapter 10 of the laws of 2000, paragraphs 1 and 2
    31  as amended by chapter 510 of the laws of 2015,  the second  undesignated
    32  paragraph  of paragraph 1 and the second undesignated paragraph of para-
    33  graph 2 as amended by section 2 of part KK of chapter 55 of the laws  of
    34  2024, is amended to read as follows:
    35    a. 1. Except as provided by paragraph two of this subdivision, members
    36  shall  contribute three percent of annual wages to the retirement system
    37  in which they have membership, except that beginning  April  first,  two
    38  thousand  thirteen  for  members  who  first  become members of a public
    39  retirement system of the state on or after  April  first,  two  thousand
    40  twelve,  the  rate  at  which  each  such member shall contribute in any
    41  current plan year (April first to March thirty-first, except for members
    42  of the New York city employees' retirement system, New York city  teach-
    43  ers'  retirement  system and New York city board of education retirement
    44  system, plan year shall mean January first through December thirty-first
    45  commencing with the January first next succeeding the effective date  of
    46  the  chapter of the laws of two thousand fifteen that amended this para-
    47  graph) shall be determined by reference to the wages of such  member  in
    48  the  second  plan  year  (April  first to March thirty-first, except for
    49  members of the New York city employees' retirement system, New York city
    50  teachers' retirement system and New York city board of education retire-
    51  ment system, plan year shall mean January first through  December  thir-
    52  ty-first commencing with the January first next succeeding the effective
    53  date  of  the  chapter  of the laws of two thousand fifteen that amended
    54  this paragraph) preceding such current plan year as follows:
    55    (i) members with wages of forty-five thousand  dollars  per  annum  or
    56  less shall contribute three per centum of annual wages;

        S. 8134                             3
 
     1    (ii)  members  with  wages greater than forty-five thousand per annum,
     2  but not more than fifty-five thousand per annum shall  contribute  three
     3  and one-half per centum of annual wages;
     4    (iii)  members  with wages greater than fifty-five thousand per annum,
     5  but not more than seventy-five thousand per annum shall contribute  four
     6  and one-half per centum of annual wages;
     7    (iv)  members  with wages greater than seventy-five thousand per annum
     8  but not more than one hundred thousand per annum shall  contribute  five
     9  and three-quarters per centum of annual wages; and
    10    (v)  members  with  wages  greater than one hundred thousand per annum
    11  shall contribute six per centum of annual wages.
    12    Notwithstanding the foregoing, during each of  the  first  three  plan
    13  years (April first to March thirty-first, except for members of New York
    14  city  employees'  retirement  system, New York city teachers' retirement
    15  system and New York city board of education retirement system, plan year
    16  shall mean January first through December thirty-first  commencing  with
    17  the  January  first  next  succeeding the effective date of chapter five
    18  hundred ten of the laws of two thousand fifteen) in  which  such  member
    19  has  established  membership in a public retirement system of the state,
    20  such member shall contribute a percentage of annual wages in  accordance
    21  with  the  preceding  schedule  based  upon a projection of annual wages
    22  provided by the employer. Notwithstanding the foregoing, when  determin-
    23  ing  the  rate  at which each such member who became a member of the New
    24  York state and local employees' retirement system, New York city employ-
    25  ees' retirement system, New York city teachers'  retirement  system  and
    26  New  York  city  board of education retirement system, on or after April
    27  first, two thousand twelve shall contribute for  any  plan  year  (April
    28  first  to  March  thirty-first,  except for members of the New York city
    29  employees' retirement system, New York city teachers' retirement  system
    30  and  New York city board of education retirement system, plan year shall
    31  mean January first through December thirty-first commencing with January
    32  first next succeeding the effective date of chapter five hundred ten  of
    33  the  laws  of  two  thousand  fifteen) between April first, two thousand
    34  twenty-two and April first, two thousand twenty-six, such rate shall  be
    35  determined by reference to employees annual base wages of such member in
    36  the  second plan year (April first to March thirty-first) preceding such
    37  current plan year. Base wages shall include regular pay, shift differen-
    38  tial pay, location pay, and any increased hiring rate pay, but shall not
    39  include any overtime payments or compensation earned for extracurricular
    40  programs or any other pensionable earnings paid in addition to the annu-
    41  al base wages.
    42    Notwithstanding the foregoing, on and after the effective date of this
    43  paragraph, the rate of contribution for members with ten or  more  years
    44  of membership shall be three per centum of annual wages.
    45    The  head  of each retirement system shall promulgate such regulations
    46  as may be necessary and appropriate with respect  to  the  deduction  of
    47  such  contribution  from  members'  wages and for the maintenance of any
    48  special fund or funds with respect to amounts so contributed.
    49    2. A member of the New York city employees' retirement system  who  is
    50  eligible  to be a participant in the twenty-five-year and age fifty-five
    51  retirement program, as defined by paragraph five  of  subdivision  a  of
    52  section  six hundred four-b of this article shall contribute two percent
    53  of annual wages to such system effective on the  starting  date  of  the
    54  elimination  of  additional  member  contributions,  as  defined  in  an
    55  election made pursuant to paragraph ten of subdivision e of section  six
    56  hundred  four-b  of this article, except that beginning April first, two

        S. 8134                             4
 
     1  thousand thirteen for members who first become members of the  New  York
     2  city  employees' retirement system on or after April first, two thousand
     3  twelve, the rate at which each  such  member  shall  contribute  in  any
     4  current plan year (April first to March thirty-first, provided, however,
     5  that  plan  year  shall mean January first through December thirty-first
     6  commencing with the January first next succeeding the effective date  of
     7  the  chapter of the laws of two thousand fifteen that amended this para-
     8  graph) shall be determined by reference to the wages of such  member  in
     9  the  second  plan  year  (April  first  to March thirty-first, provided,
    10  however, that plan year shall mean January first through December  thir-
    11  ty-first commencing with the January first next succeeding the effective
    12  date  of  the  chapter  of the laws of two thousand fifteen that amended
    13  this paragraph) preceding such current plan year as follows:
    14    (i) members with wages of forty-five thousand  dollars  per  annum  or
    15  less shall contribute three per centum of annual wages;
    16    (ii)  members  with  wages greater than forty-five thousand per annum,
    17  but not more than fifty-five thousand per annum shall  contribute  three
    18  and one-half per centum of annual wages;
    19    (iii)  members  with wages greater than fifty-five thousand per annum,
    20  but not more than seventy-five thousand per annum shall contribute  four
    21  and one-half per centum of annual wages;
    22    (iv)  members  with wages greater than seventy-five thousand per annum
    23  but not more than one hundred thousand per annum shall  contribute  five
    24  and three-quarters per centum of annual wages; and
    25    (v)  members  with  wages  greater than one hundred thousand per annum
    26  shall contribute six per centum of annual wages.
    27    Notwithstanding the foregoing, during each of  the  first  three  plan
    28  years  (April  first to March thirty-first, provided, however, that plan
    29  year shall mean January first through December  thirty-first  commencing
    30  with  the  January  first  next succeeding the effective date of chapter
    31  five hundred ten of the laws of two  thousand  fifteen)  in  which  such
    32  member  has  established  membership  in  the  New  York city employees'
    33  retirement system, such member shall contribute a percentage  of  annual
    34  wages  in accordance with the preceding schedule based upon a projection
    35  of annual wages provided by the employer. Notwithstanding the foregoing,
    36  when determining the rate at which each such member who became a  member
    37  of, New York city employees' retirement system, on or after April first,
    38  two  thousand  twelve shall contribute for any plan year (April first to
    39  March thirty-first, provided, however, that plan year shall mean January
    40  first through December thirty-first commencing with  the  January  first
    41  next  succeeding  the  effective date of chapter five hundred ten of the
    42  laws of two thousand fifteen) between April first, two thousand  twenty-
    43  two  and April first, two thousand twenty-six, such rate shall be deter-
    44  mined by reference to employees annual base wages of such member in  the
    45  second  plan  year  (April  first  to March thirty-first) preceding such
    46  current plan year. Base wages shall include regular pay, shift differen-
    47  tial pay, location pay, and any increased hiring rate pay, but shall not
    48  include any overtime payments.
    49    Notwithstanding the foregoing, on and after the effective date of this
    50  paragraph, the rate of contribution for members with ten or  more  years
    51  of membership shall be three per centum of annual wages.
    52    §  3. Subdivisions f and g of section 613 of the retirement and social
    53  security law, as amended by chapter 18 of the laws of 2012,  the  second
    54  undesignated  paragraph  of  subdivision  f  and the second undesignated
    55  paragraph of subdivision g as amended  by section 2 of part KK of  chap-
    56  ter 55 of the laws of 2024, are amended to read as follows:

        S. 8134                             5
 
     1    f.  Anything in subdivision a of this section to the contrary notwith-
     2  standing a member employed as a uniformed court officer or peace officer
     3  in the unified court system who first joins the New York state and local
     4  employees' retirement system on or after January first, two thousand ten
     5  shall  contribute four percent of annual wages to the New York state and
     6  local employees' retirement system, except that beginning  April  first,
     7  two  thousand  thirteen  for members who first become members of the New
     8  York state and local employees' retirement  system  on  or  after  April
     9  first,  two  thousand  twelve,  the rate at which each such member shall
    10  contribute in any current plan year (April first to March  thirty-first)
    11  shall  be  determined  by  reference  to the wages of such member in the
    12  second plan year (April first  to  March  thirty-first)  preceding  such
    13  current plan year as follows:
    14    1. members with wages of forty-five thousand dollars per annum or less
    15  shall contribute three per centum of annual wages;
    16    2.  members with wages greater than forty-five thousand per annum, but
    17  not more than fifty-five thousand per annum shall contribute  three  and
    18  one-half per centum of annual wages;
    19    3.  members with wages greater than fifty-five thousand per annum, but
    20  not more than seventy-five thousand per annum shall contribute four  and
    21  one-half per centum of annual wages;
    22    4. members with wages greater than seventy-five thousand per annum but
    23  not  more  than one hundred thousand per annum shall contribute five and
    24  three-quarters per centum of annual wages; and
    25    5. members with wages greater than  one  hundred  thousand  per  annum
    26  shall contribute six per centum of annual wages.
    27    Notwithstanding  the  foregoing,  during  each of the first three plan
    28  years (April first to March  thirty-first)  in  which  such  member  has
    29  established  membership  in  the  New  York  state  and local employees'
    30  retirement system, such member shall contribute a percentage  of  annual
    31  wages  in accordance with the preceding schedule based upon a projection
    32  of annual wages provided by the employer. Notwithstanding the foregoing,
    33  when determining the rate at which each such member who became a  member
    34  of the New York state and local employees' retirement system on or after
    35  April  first,  two  thousand  twelve  shall contribute for any plan year
    36  (April first to March thirty-first) between April  first,  two  thousand
    37  twenty-two  and April first, two thousand twenty-six, such rate shall be
    38  determined by reference to employees annual base wages of such member in
    39  the second plan year (April first to March thirty-first) preceding  such
    40  current plan year. Base wages shall include regular pay, shift differen-
    41  tial pay, location pay, and any increased hiring rate pay, but shall not
    42  include any overtime payments.
    43    Notwithstanding the foregoing, on and after the effective date of this
    44  paragraph,  the  rate of contribution for members with ten or more years
    45  of membership shall be three per centum of annual wages.
    46    The head of the New York state and local employees' retirement  system
    47  shall  promulgate  such  regulations as may be necessary and appropriate
    48  with respect to the deduction of such contribution from  members'  wages
    49  and  for  the  maintenance  of any special fund or funds with respect to
    50  amounts so contributed.
    51    g. Members who first join the  New  York  state  teachers'  retirement
    52  system  on  or  after  January  first, two thousand ten shall contribute
    53  three and one-half percent of annual wages to the New York state  teach-
    54  ers'  retirement system, except that beginning April first, two thousand
    55  thirteen for members who first become members  of  the  New  York  state
    56  teachers'  retirement  system  on  or  after  April  first, two thousand

        S. 8134                             6
 
     1  twelve, the rate at which each  such  member  shall  contribute  in  any
     2  current  plan year (July first to June thirtieth) shall be determined by
     3  reference to the wages of such member in  the  second  plan  year  (July
     4  first to June thirtieth) preceding such current plan year as follows:
     5    1. members with wages of forty-five thousand dollars per annum or less
     6  shall contribute three per centum of annual wages;
     7    2.  members with wages greater than forty-five thousand per annum, but
     8  not more than fifty-five thousand per annum shall contribute  three  and
     9  one-half per centum of annual wages;
    10    3.  members with wages greater than fifty-five thousand per annum, but
    11  not more than seventy-five thousand per annum shall contribute four  and
    12  one-half per centum of annual wages;
    13    4. members with wages greater than seventy-five thousand per annum but
    14  not  more  than one hundred thousand per annum shall contribute five and
    15  three-quarters per centum of annual wages; and
    16    5. members with wages greater than  one  hundred  thousand  per  annum
    17  shall contribute six per centum of annual wages.
    18    Notwithstanding  the  foregoing,  during  each of the first three plan
    19  years (July first to June thirtieth) in which  such  member  has  estab-
    20  lished  membership  in  the  New York state teachers' retirement system,
    21  such member shall contribute a percentage of annual wages in  accordance
    22  with  the  preceding  schedule  based  upon a projection of annual wages
    23  provided by the employer. Notwithstanding the foregoing, when  determin-
    24  ing the contribution rate at which a member of the New York state teach-
    25  ers'  retirement  system  with  a  date  of membership on or after April
    26  first, two thousand twelve shall contribute for plan years  (July  first
    27  to  June thirtieth) between July first, two thousand twenty-two and July
    28  first, two thousand twenty-six, such rate shall be determined by  refer-
    29  ence  to  the  member's  annual base wages in the second plan year (July
    30  first to June thirtieth) preceding such current plan year.  Annual  base
    31  wages shall not include compensation earned for extracurricular programs
    32  or  any  other  pensionable earnings paid in addition to the annual base
    33  wages.
    34    Notwithstanding the foregoing, on and after the effective date of this
    35  paragraph, the rate of contribution for members with ten or  more  years
    36  of membership shall be three per centum of annual wages.
    37    The  head  of  the  New  York  state teachers' retirement system shall
    38  promulgate such regulations as may be  necessary  and  appropriate  with
    39  respect  to  the  deduction of such contribution from members' wages and
    40  for the maintenance of any special fund or funds with respect to amounts
    41  so contributed.
    42    § 4. Section 1204 of  the  retirement  and  social  security  law,  as
    43  amended  by  chapter  18  of the laws of 2012,   the second undesignated
    44  paragraph as amended by section 3 of part KK of chapter 55 of  the  laws
    45  of 2024, is amended to read as follows:
    46    §   1204.  Member  contributions.  Members  who  are  subject  to  the
    47  provisions of this article shall  contribute  three  percent  of  annual
    48  wages  to  the  retirement  system in which they have membership, except
    49  that beginning April first, two thousand thirteen for members who  first
    50  become  members  of the New York state and local police and fire retire-
    51  ment system on or after April first, two thousand twelve,  the  rate  at
    52  which  each such member shall contribute in any current plan year (April
    53  first to March thirty-first) shall be determined  by  reference  to  the
    54  wages of such member in the second plan year (April first to March thir-
    55  ty-first) preceding such current plan year as follows:

        S. 8134                             7
 
     1    a. members with wages of forty-five thousand dollars per annum or less
     2  shall contribute three per centum of annual wages;
     3    b.  members with wages greater than forty-five thousand per annum, but
     4  not more than fifty-five thousand per annum shall contribute  three  and
     5  one-half per centum of annual wages;
     6    c.  members with wages greater than fifty-five thousand per annum, but
     7  not more than seventy-five thousand per annum shall contribute four  and
     8  one-half per centum of annual wages;
     9    d. members with wages greater than seventy-five thousand per annum but
    10  not  more  than one hundred thousand per annum shall contribute five and
    11  three-quarters per centum of annual wages; and
    12    e. members with wages greater than  one  hundred  thousand  per  annum
    13  shall contribute six per centum of annual wages.
    14    Notwithstanding  the  foregoing,  during  each of the first three plan
    15  years (April first to March  thirty-first)  in  which  such  member  has
    16  established  membership  in the New York state and local police and fire
    17  retirement system, such member shall contribute a percentage  of  annual
    18  wages  in accordance with the preceding schedule based upon a projection
    19  of annual wages provided by the employer. Notwithstanding the foregoing,
    20  when determining the rate at which each such member who became a  member
    21  of  the New York state and local police and fire retirement system on or
    22  after April first, two thousand twelve shall  contribute  for  any  plan
    23  year  (April first to March thirty-first) between April first, two thou-
    24  sand twenty-two and April first,  two  thousand  twenty-six,  such  rate
    25  shall  be determined by reference to employees annual base wages of such
    26  member in the second plan  year  (April  first  to  March  thirty-first)
    27  preceding  such current plan year. Base wages shall include regular pay,
    28  shift differential pay, location pay, and any increased hiring rate pay,
    29  but shall not include any overtime payments. Effective April first,  two
    30  thousand  twelve,  all members subject to the provisions of this article
    31  shall not be required to  make  member  contributions  on  annual  wages
    32  excluded  from  the  calculation  of  final  average  salary pursuant to
    33  section twelve hundred three of this article. Nothing in  this  section,
    34  however,  shall  be  construed  or  deemed to allow members to receive a
    35  refund of any member contributions on such wages  paid  prior  to  April
    36  first, two thousand twelve.
    37    Notwithstanding the foregoing, on and after the effective date of this
    38  paragraph,  the  rate of contribution for members with ten or more years
    39  of membership shall be three per centum of annual wages.
    40    Members who are enrolled in a retirement plan that limits  the  amount
    41  of  creditable service a member can accrue shall not be required to make
    42  contributions pursuant to this section after accruing the maximum amount
    43  of service credit allowed by the  retirement  plan  in  which  they  are
    44  enrolled. The state comptroller shall promulgate such regulations as may
    45  be  necessary  and  appropriate  with  respect  to the deduction of such
    46  contribution from members' wages and for the maintenance of any  special
    47  fund  or  funds  with respect to amounts so contributed. In no way shall
    48  the member contributions made  pursuant  to  this  section  be  used  to
    49  provide for pension increases or annuities of any kind.
    50    §  5. Subdivision 2 of section 182 of the education law, as amended by
    51  chapter 18 of the laws of 2012, is amended to read as follows:
    52    2. Employee contributions. In  the  case  of  any  electing  employee,
    53  contributions  at the rate of three per centum of [his] the state salary
    54  of such employee shall be deducted  by  the  state  comptroller  as  the
    55  employee contribution, provided however, that such employee contribution
    56  shall  be  made  by the state in accordance with subdivision one of this

        S. 8134                             8
 
     1  section during such period  as  (a)  either  section  seventy-a  of  the
     2  retirement  and social security law or section five hundred twenty-eight
     3  of this title provides that the contribution of each member of  the  New
     4  York  state employees' retirement system or the New York state teachers'
     5  retirement system in the employ of the state  shall  be  reduced  by  at
     6  least  eight  per  centum  of [his] such employee's compensation, or (b)
     7  employee contributions to either such system are no longer  required  by
     8  reason of such system becoming noncontributory for state employees.
     9    Notwithstanding  any other law to the contrary, beginning April first,
    10  two thousand thirteen any electing employee appointed on or after  April
    11  first,  two  thousand twelve, the rate at which each such employee shall
    12  contribute in any current plan year (January first to  December  thirty-
    13  first)  shall  be determined by reference to the wages of such member in
    14  the second plan year (January first to December thirty-first)  preceding
    15  such current plan year as follows:
    16    (a)  members  with  wages  of forty-five thousand dollars per annum or
    17  less shall contribute three per centum of annual wages;
    18    (b) members with wages greater than forty-five thousand per annum, but
    19  not more than fifty-five thousand per annum shall contribute  three  and
    20  one-half per centum of annual wages;
    21    (c) members with wages greater than fifty-five thousand per annum, but
    22  not  more than seventy-five thousand per annum shall contribute four and
    23  one-half per centum of annual wages;
    24    (d) members with wages greater than seventy-five  thousand  per  annum
    25  but  not  more than one hundred thousand per annum shall contribute five
    26  and three-quarters per centum of annual wages; and
    27    (e) members with wages greater than one  hundred  thousand  per  annum
    28  shall contribute six per centum of annual wages.
    29    Notwithstanding  the  foregoing,  during  each of the first three plan
    30  years (January first to December thirty-first) in which such member  has
    31  established  membership  in the Education Department Optional Retirement
    32  Program, such employee shall contribute a percent  of  annual  wages  in
    33  accordance with the preceding schedule based upon a projection of annual
    34  wages provided by the employer.
    35    Notwithstanding the foregoing, on and after the effective date of this
    36  paragraph,  the  rate of contribution for members with ten or more years
    37  of membership shall be three per centum of annual wages.
    38    § 6. Paragraph (d) of subdivision 2 of section 392  of  the  education
    39  law,  as  added by chapter 18 of the laws of 2012, is amended to read as
    40  follows:
    41    (d) Notwithstanding any other law to  the  contrary,  beginning  April
    42  first, two thousand thirteen any electing employee appointed on or after
    43  April  first,  two thousand twelve, the rate at which each such employee
    44  shall contribute in any current plan year  (January  first  to  December
    45  thirty-first)  shall  be  determined  by  reference to the wages of such
    46  member in the second plan year (January first to December  thirty-first)
    47  preceding such current plan year as follows:
    48    (i)  members  with  wages  of forty-five thousand dollars per annum or
    49  less shall contribute three per centum of annual wages;
    50    (ii) members with wages greater than forty-five  thousand  per  annum,
    51  but  not  more than fifty-five thousand per annum shall contribute three
    52  and one-half per centum of annual wages;
    53    (iii) members with wages greater than fifty-five thousand  per  annum,
    54  but  not more than seventy-five thousand per annum shall contribute four
    55  and one-half per centum of annual wages;

        S. 8134                             9
 
     1    (iv) members with wages greater than seventy-five thousand  per  annum
     2  but  not  more than one hundred thousand per annum shall contribute five
     3  and three-quarters per centum of annual wages; and
     4    (v)  members  with  wages  greater than one hundred thousand per annum
     5  shall contribute six per centum of annual wages.
     6    Notwithstanding the foregoing, during each of  the  first  three  plan
     7  years  (January first to December thirty-first) in which such member has
     8  established membership  in  the  State  University  Optional  Retirement
     9  Program,  such  employee  shall  contribute a percent of annual wages in
    10  accordance with the preceding schedule based upon a projection of annual
    11  wages provided by the employer.
    12    Notwithstanding the foregoing, on and after the effective date of this
    13  paragraph, the rate of contribution for members with ten or  more  years
    14  of membership shall be three per centum of annual wages.
    15    §  7.  Paragraph (d) of subdivision 2 of section 6252 of the education
    16  law, as added by chapter 18 of the laws of 2012, is amended to  read  as
    17  follows:
    18    (d)  Notwithstanding  any  other  law to the contrary, beginning April
    19  first, two thousand thirteen any electing employee appointed on or after
    20  April first, two thousand twelve, the rate at which each  such  employee
    21  shall  contribute  in  any  current plan year (January first to December
    22  thirty-first) shall be determined by reference  to  the  wages  of  such
    23  member  in the second plan year (January first to December thirty-first)
    24  preceding such current plan year as follows:
    25    (1) members with wages of forty-five thousand  dollars  per  annum  or
    26  less shall contribute three per centum of annual wages;
    27    (2) members with wages greater than forty-five thousand per annum, but
    28  not  more  than fifty-five thousand per annum shall contribute three and
    29  one-half per centum of annual wages;
    30    (3) members with wages greater than fifty-five thousand per annum, but
    31  not more than seventy-five thousand per annum shall contribute four  and
    32  one-half per centum of annual wages;
    33    (4)  members  with  wages greater than seventy-five thousand per annum
    34  but not more than one hundred thousand per annum shall  contribute  five
    35  and three-quarters per centum of annual wages; and
    36    (5)  members  with  wages  greater than one hundred thousand per annum
    37  shall contribute six per centum of annual wages.
    38    Notwithstanding the foregoing, during each of  the  first  three  plan
    39  years  (January first to December thirty-first) in which such member has
    40  established membership in the Board of Higher Education Optional Retire-
    41  ment Program, such employee shall contribute a percent of  annual  wages
    42  in  accordance  with  the  preceding schedule based upon a projection of
    43  annual wages provided by the employer.
    44    Notwithstanding the foregoing, on and after the effective date of this
    45  paragraph, the rate of contribution for members with ten or  more  years
    46  of membership shall be three per centum of annual wages.
    47    §  8. Notwithstanding any other provision of law to the contrary, none
    48  of the provisions of this act shall   be subject to section  25  of  the
    49  retirement and social security law.
    50    §  9. No   employee contributions made by a member of a public retire-
    51  ment system prior to the effective date of this act shall be refunded as
    52  a result of this act becoming a law.
    53    § 10. This act shall take effect one year after it shall have become a
    54  law.
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