S T A T E   O F   N E W   Y O R K
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                                   8133
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sens.  JACKSON,  SANDERS, WEBB -- 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:
 
   Section  1.  Subdivision a of section 517 of the retirement and social
 security law, as amended by chapter 18 of the laws of 2012,  the  second
 undesignated  paragraph as amended by section 1 of part KK of chapter 55
 of the laws of 2024, is amended to read as follows:
   a. Members shall contribute three  percent  of  annual  wages  to  the
 retirement  system  in  which  they  have membership, provided that such
 contributions shall not be required for  more  than  thirty  years,  for
 general  members, or twenty-five years, for police/fire members, [except
 that beginning April first, two thousand thirteen for members who  first
 become  members  of  the  New York state and local employees' retirement
 system on or after April first, two thousand twelve, the rate  at  which
 each  such member shall contribute in any current plan year (April first
 to March thirty-first) shall be determined by reference to the wages  of
 such  member in the second plan year (April first to March thirty-first)
 preceding such current plan year as follows:
   1. members with wages of forty-five thousand dollars per annum or less
 shall contribute three per centum of annual wages;
   2. 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;
   3. 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01321-01-5
              

 S. 8133                             2

   4. 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
   5.  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  (April  first  to  March  thirty-first)  in which such member has
 established membership in  the  New  York  state  and  local  employees'
 retirement  system,  such member shall contribute a percentage of annual
 wages in accordance with the preceding schedule based upon a  projection
 of annual wages provided by the employer. Notwithstanding the foregoing,
 when  determining the rate at which each such member who became a member
 of the New York state and local employees' retirement system on or after
 April first, two thousand twelve shall  contribute  for  any  plan  year
 (April  first  to  March thirty-first) between April first, two thousand
 twenty-two and April first, two thousand twenty-six, such rate shall  be
 determined by reference to employees annual base wages of such member in
 the  second plan year (April first to March thirty-first) preceding such
 current plan year] EXCEPT THAT BEGINNING ON AND AFTER APRIL  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  FOR  MEMBERS  WHO  JOINED THE NEW YORK STATE AND
 LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
 TWELVE, THE CONTRIBUTIONS IN ANY CURRENT PLAN YEAR (APRIL FIRST TO MARCH
 THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE TO THE BASE WAGES OF SUCH
 MEMBER AS OF APRIL FIRST IN THE PREVIOUS PLAN YEAR AS FOLLOWS:
   1. MEMBERS WITH BASE WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER  ANNUM
 OR LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   2.  MEMBERS  WITH  BASE  WAGES  GREATER THAN SEVENTY-FIVE THOUSAND PER
 ANNUM, BUT NOT MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE
 FOUR PER CENTUM OF ANNUAL WAGES; AND
   3. MEMBERS WITH BASE WAGES GREATER THAN ONE HUNDRED THOUSAND PER ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED MEMBERSHIP IN  THE  NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'
 RETIREMENT  SYSTEM,  SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE OF ANNUAL
 WAGES IN ACCORDANCE WITH THE PRECEDING SCHEDULE BASED UPON A  PROJECTION
 OF ANNUAL WAGES PROVIDED BY THE EMPLOYER. Base wages shall include regu-
 lar  pay, shift differential pay, location pay, and any increased hiring
 rate pay, but shall not include any overtime payments.
   The head of each retirement system shall promulgate  such  regulations
 as  may  be  necessary  and appropriate with respect to the deduction of
 such contribution from members' wages and for  the  maintenance  of  any
 special fund or funds with respect to amounts so contributed.
   § 2. Paragraphs 1 and 2 of subdivision a of section 613 of the retire-
 ment  and  social security law, as amended by chapter 510 of the laws of
 2015, the second undesignated  paragraphs  of  paragraphs  1  and  2  as
 amended  by  section 2 of part KK of chapter 55 of the laws of 2024, are
 amended to read as follows:
   1. Except as provided by paragraph two of  this  subdivision,  members
 shall  contribute three percent of annual wages to the retirement system
 in which they have membership, [except that beginning April  first,  two
 thousand  thirteen  for  members  who  first  become members of a public
 retirement system of the state on or after  April  first,  two  thousand
 twelve,  the  rate  at  which  each  such member shall contribute in any
 current plan year (April first to March thirty-first, except for members
 of the New York city employees' retirement system, New York city  teach-
 ers'  retirement  system and New York city board of education retirement
 S. 8133                             3

 system, plan year shall mean January first through December thirty-first
 commencing with the January first next succeeding the effective date  of
 the  chapter of the laws of two thousand fifteen that amended this para-
 graph)  shall  be determined by reference to the wages of such member in
 the second plan year (April first  to  March  thirty-first,  except  for
 members of the New York city employees' retirement system, New York city
 teachers' retirement system and New York city board of education retire-
 ment  system,  plan year shall mean January first through December thir-
 ty-first commencing with the January first next succeeding the effective
 date of the chapter of the laws of two  thousand  fifteen  that  amended
 this paragraph) 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 (April first to March thirty-first, except for members of New York
 city employees' retirement system, New York  city  teachers'  retirement
 system and New York city board of education retirement system, plan year
 shall  mean  January first through December thirty-first commencing with
 the January first next succeeding the effective  date  of  chapter  five
 hundred  ten  of  the laws of two thousand fifteen) in which such member
 has established membership in a public retirement system of  the  state,
 such  member shall contribute a percentage of annual wages in accordance
 with the preceding schedule based upon  a  projection  of  annual  wages
 provided  by the employer. Notwithstanding the foregoing, when determin-
 ing the rate at which each such member who became a member  of  the  New
 York state and local employees' retirement system, New York city employ-
 ees'  retirement  system,  New York city teachers' retirement system and
 New York city board of education retirement system, on  or  after  April
 first,  two  thousand  twelve  shall contribute for any plan year (April
 first to March thirty-first, except for members of  the  New  York  city
 employees'  retirement system, New York city teachers' retirement system
 and New York city board of education retirement system, plan year  shall
 mean January first through December thirty-first commencing with January
 first  next succeeding the effective date of chapter five hundred ten of
 the laws of two thousand fifteen)  between  April  first,  two  thousand
 twenty-two  and April first, two thousand twenty-six, such rate shall be
 determined by reference to employees annual base wages of such member in
 the second plan year (April first to March thirty-first) preceding  such
 current  plan  year] EXCEPT THAT BEGINNING ON AND AFTER APRIL FIRST, TWO
 THOUSAND TWENTY-FIVE, FOR MEMBERS OF A PUBLIC RETIREMENT SYSTEM  OF  THE
 STATE  WHO  JOINED  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE, THE
 CONTRIBUTIONS IN ANY CURRENT PLAN YEAR (APRIL  FIRST  TO  MARCH  THIRTY-
 FIRST, EXCEPT FOR MEMBERS OF NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,
 NEW  YORK  CITY  TEACHERS'  RETIREMENT SYSTEM AND NEW YORK CITY BOARD OF
 EDUCATION RETIREMENT SYSTEM, PLAN YEAR SHALL MEAN JANUARY FIRST  THROUGH
 S. 8133                             4
 
 DECEMBER  THIRTY-FIRST)  SHALL  BE  DETERMINED  BY REFERENCE TO THE BASE
 WAGES OF SUCH MEMBER AS OF APRIL FIRST (EXCEPT FOR MEMBERS OF  NEW  YORK
 CITY  EMPLOYEES'  RETIREMENT  SYSTEM, NEW YORK CITY TEACHERS' RETIREMENT
 SYSTEM  AND  NEW  YORK  CITY  BOARD  OF EDUCATION RETIREMENT SYSTEM, THE
 CONTRIBUTIONS OF MEMBERS IN ANY PLAN YEAR SHALL BE DETERMINED BY  REFER-
 ENCE  TO  THE  BASE WAGES OF SUCH MEMBER AS OF DECEMBER THIRTY-FIRST) IN
 THE PREVIOUS PLAN YEAR AS FOLLOWS:
   1. MEMBERS WITH BASE WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER  ANNUM
 OR LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   2.  MEMBERS  WITH  BASE  WAGES  GREATER THAN SEVENTY-FIVE THOUSAND PER
 ANNUM, BUT NOT MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE
 FOUR PER CENTUM OF ANNUAL WAGES; AND
   3. MEMBERS WITH BASE WAGES GREATER THAN ONE HUNDRED THOUSAND PER ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED MEMBERSHIP IN A PUBLIC RETIREMENT SYSTEM OF THE STATE,  SUCH
 MEMBER  SHALL CONTRIBUTE A PERCENTAGE OF ANNUAL WAGES IN ACCORDANCE WITH
 THE PRECEDING SCHEDULE BASED UPON A PROJECTION OF ANNUAL WAGES  PROVIDED
 BY  THE  EMPLOYER. Base wages shall include regular pay, shift differen-
 tial pay, location pay, and any increased hiring rate pay, but shall not
 include any overtime payments or compensation earned for extracurricular
 programs or any other pensionable earnings paid in addition to the annu-
 al base wages.
   The head of each retirement system shall promulgate  such  regulations
 as  may  be  necessary  and appropriate with respect to the deduction of
 such contribution from members' wages and for  the  maintenance  of  any
 special fund or funds with respect to amounts so contributed.
   2.  A  member of the New York city employees' retirement system who is
 eligible to be a participant in the twenty-five-year and age  fifty-five
 retirement  program,  as  defined  by paragraph five of subdivision a of
 section six hundred four-b of this article shall contribute two  percent
 of  annual  wages  to  such system effective on the starting date of the
 elimination  of  additional  member  contributions,  as  defined  in  an
 election  made pursuant to paragraph ten of subdivision e of section six
 hundred four-b of this article, [except that beginning April first,  two
 thousand  thirteen  for members who first become members of the New York
 city employees' retirement system on or after April first, two  thousand
 twelve,  the  rate  at  which  each  such member shall contribute in any
 current plan year (April first to March thirty-first, provided, however,
 that plan year shall mean January first  through  December  thirty-first
 commencing  with the January first next succeeding the effective date of
 the chapter of the laws of two thousand fifteen that amended this  para-
 graph)  shall  be determined by reference to the wages of such member in
 the second plan year  (April  first  to  March  thirty-first,  provided,
 however,  that plan year shall mean January first through December thir-
 ty-first commencing with the January first next succeeding the effective
 date of the chapter of the laws of two  thousand  fifteen  that  amended
 this paragraph) 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;
 S. 8133                             5

   (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  (April  first to March thirty-first, provided, however, that plan
 year shall mean January first through December  thirty-first  commencing
 with  the  January  first  next succeeding the effective date of chapter
 five hundred ten of the laws of two  thousand  fifteen)  in  which  such
 member  has  established  membership  in  the  New  York city employees'
 retirement system, such member shall contribute a percentage  of  annual
 wages  in accordance with the preceding schedule based upon a projection
 of annual wages provided by the employer. Notwithstanding the foregoing,
 when determining the rate at which each such member who became a  member
 of, New York city employees' retirement system, on or after April first,
 two  thousand  twelve shall contribute for any plan year (April first to
 March thirty-first, provided, however, that plan year shall mean January
 first through December thirty-first commencing with  the  January  first
 next  succeeding  the  effective date of chapter five hundred ten of the
 laws of two thousand fifteen) between April first, two thousand  twenty-
 two  and April first, two thousand twenty-six, such rate shall be deter-
 mined by reference to employees annual base wages of such member in  the
 second  plan  year  (April  first  to March thirty-first) preceding such
 current plan year] EXCEPT THAT BEGINNING ON AND AFTER APRIL  FIRST,  TWO
 THOUSAND TWENTY-FIVE, FOR MEMBERS OF NEW YORK CITY EMPLOYEES' RETIREMENT
 SYSTEM  WHO  JOINED  ON  OR  AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE
 CONTRIBUTIONS IN ANY CURRENT PLAN YEAR (APRIL  FIRST  TO  MARCH  THIRTY-
 FIRST) SHALL BE DETERMINED BY REFERENCE TO THE BASE WAGES OF SUCH MEMBER
 AS OF APRIL FIRST IN THE PREVIOUS PLAN YEAR AS FOLLOWS:
   1.  MEMBERS WITH BASE WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM
 OR LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   2. MEMBERS WITH BASE WAGES  GREATER  THAN  SEVENTY-FIVE  THOUSAND  PER
 ANNUM, BUT NOT MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE
 FOUR PER CENTUM OF ANNUAL WAGES; AND
   3. MEMBERS WITH BASE WAGES GREATER THAN ONE HUNDRED THOUSAND PER ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED  MEMBERSHIP  IN  THE  NEW  YORK  CITY  EMPLOYEES' RETIREMENT
 SYSTEM, SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE  OF  ANNUAL  WAGES  IN
 ACCORDANCE WITH THE PRECEDING SCHEDULE BASED UPON A PROJECTION OF ANNUAL
 WAGES  PROVIDED  BY  THE EMPLOYER. Base wages shall include regular pay,
 shift differential pay, location pay, and any increased hiring rate pay,
 but shall not include any overtime payments.
   § 3. Subdivisions f and g of section 613 of the retirement and  social
 security  law,  as  amended  by  chapter 18 of the laws of 2012, and the
 second undesignated paragraphs of subdivisions f and  g  as  amended  by
 section  2  of part KK of chapter 55 of the laws of 2024, are amended to
 read as follows:
   f. Anything in subdivision a of this section to the contrary  notwith-
 standing a member employed as a uniformed court officer or peace officer
 in the unified court system who first joins the New York state and local
 employees' retirement system on or after January first, two thousand ten
 shall  contribute four percent of annual wages to the New York state and
 local employees' retirement system, [except that beginning April  first,
 two  thousand  thirteen  for members who first become members of the New
 S. 8133                             6

 York state and local employees' retirement  system  on  or  after  April
 first,  two  thousand  twelve,  the rate at which each such member shall
 contribute in any current plan year (April first to March  thirty-first)
 shall  be  determined  by  reference  to the wages of such member in the
 second plan year (April first  to  March  thirty-first)  preceding  such
 current plan year as follows:
   1. members with wages of forty-five thousand dollars per annum or less
 shall contribute three per centum of annual wages;
   2.  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;
   3.  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;
   4. 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
   5. 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 (April first to March  thirty-first)  in  which  such  member  has
 established  membership  in  the  New  York  state  and local employees'
 retirement system, such member shall contribute a percentage  of  annual
 wages  in accordance with the preceding schedule based upon a projection
 of annual wages provided by the employer. Notwithstanding the foregoing,
 when determining the rate at which each such member who became a  member
 of the New York state and local employees' retirement system on or after
 April  first,  two  thousand  twelve  shall contribute for any plan year
 (April first to March thirty-first) between April  first,  two  thousand
 twenty-two  and April first, two thousand twenty-six, such rate shall be
 determined by reference to employees annual base wages of such member in
 the second plan year (April first to March thirty-first) preceding  such
 current  plan  year] EXCEPT THAT BEGINNING ON AND AFTER APRIL FIRST, TWO
 THOUSAND TWENTY-FIVE, FOR MEMBERS EMPLOYED AS A UNIFORMED COURT  OFFICER
 OR PEACE OFFICER IN THE UNIFIED COURT SYSTEM WHO FIRST JOIN THE NEW YORK
 STATE  AND  LOCAL  EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
 TWO THOUSAND TWELVE, THE CONTRIBUTIONS IN ANY CURRENT PLAN  YEAR  (APRIL
 FIRST  TO  MARCH  THIRTY-FIRST)  SHALL BE DETERMINED BY REFERENCE TO THE
 BASE WAGES OF SUCH MEMBER AS OF APRIL FIRST IN THE PREVIOUS PLAN YEAR AS
 FOLLOWS:
   1. MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS  PER  ANNUM  OR
 LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   2.  MEMBERS  WITH  WAGES GREATER THAN SEVENTY-FIVE THOUSAND PER ANNUM,
 BUT NOT MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL  CONTRIBUTE  FOUR
 PER CENTUM OF ANNUAL WAGES; AND
   3.  MEMBERS  WITH  WAGES  GREATER  THAN ONE HUNDRED THOUSAND PER ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED MEMBERSHIP IN A PUBLIC RETIREMENT SYSTEM, SUCH MEMBER  SHALL
 CONTRIBUTE A PERCENTAGE OF ANNUAL WAGES IN ACCORDANCE WITH THE PRECEDING
 SCHEDULE BASED UPON A PROJECTION OF ANNUAL WAGES PROVIDED BY THE EMPLOY-
 ER.  Base  wages  shall  include  regular  pay,  shift differential pay,
 location pay, and any increased hiring rate pay, but shall  not  include
 any overtime payments.
   The  head of the New York state and local employees' retirement system
 shall promulgate such regulations as may be  necessary  and  appropriate
 S. 8133                             7
 
 with  respect  to the deduction of such contribution from members' wages
 and for the maintenance of any special fund or  funds  with  respect  to
 amounts so contributed.
   g.  Members  who  first  join  the New York state teachers' retirement
 system on or after January first,  two  thousand  ten  shall  contribute
 three  and one-half percent of annual wages to the New York state teach-
 ers' retirement system, [except that beginning April first, two thousand
 thirteen for members who first become members  of  the  New  York  state
 teachers'  retirement  system  on  or  after  April  first, two thousand
 twelve, the rate at which each  such  member  shall  contribute  in  any
 current  plan year (July first to June thirtieth) shall be determined by
 reference to the wages of such member in  the  second  plan  year  (July
 first to June thirtieth) preceding such current plan year as follows:
   1. members with wages of forty-five thousand dollars per annum or less
 shall contribute three per centum of annual wages;
   2.  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;
   3.  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;
   4. 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
   5. 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 (July first to June thirtieth) in which  such  member  has  estab-
 lished  membership  in  the  New York state teachers' retirement system,
 such member shall contribute a percentage of annual wages in  accordance
 with  the  preceding  schedule  based  upon a projection of annual wages
 provided by the employer. Notwithstanding the foregoing, when  determin-
 ing the contribution rate at which a member of the New York state teach-
 ers'  retirement  system  with  a  date  of membership on or after April
 first, two thousand twelve shall contribute for plan years  (July  first
 to  June thirtieth) between July first, two thousand twenty-two and July
 first, two thousand twenty-six, such rate shall be determined by  refer-
 ence  to  the  member's  annual base wages in the second plan year (July
 first to June thirtieth) preceding such current plan year]  EXCEPT  THAT
 BEGINNING  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND TWENTY-FIVE, FOR
 MEMBERS WHO FIRST JOINED THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM
 ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE, THE CONTRIBUTION IN ANY
 CURRENT PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST)  SHALL  BE  DETER-
 MINED BY REFERENCE TO THE BASE WAGES OF SUCH MEMBER AS OF APRIL FIRST IN
 THE PREVIOUS PLAN YEAR AS FOLLOWS:
   1.  MEMBERS  WITH  WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
 LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   2. MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE  THOUSAND  PER  ANNUM,
 BUT  NOT  MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE FOUR
 PER CENTUM OF ANNUAL WAGES; AND
   3. MEMBERS WITH WAGES GREATER THAN  ONE  HUNDRED  THOUSAND  PER  ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED  MEMBERSHIP  IN  THE  NEW  YORK  STATE  TEACHERS' RETIREMENT
 SYSTEM, SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE  OF  ANNUAL  WAGES  IN
 ACCORDANCE WITH THE PRECEDING SCHEDULE BASED UPON A PROJECTION OF ANNUAL
 S. 8133                             8
 
 WAGES  PROVIDED  BY  THE EMPLOYER.   Annual base wages shall not include
 compensation earned for extracurricular programs or any other  pensiona-
 ble earnings paid in addition to the annual base wages.
   The  head  of  the  New  York  state teachers' retirement system shall
 promulgate such regulations as may be  necessary  and  appropriate  with
 respect  to  the  deduction of such contribution from members' wages and
 for the maintenance of any special fund or funds with respect to amounts
 so contributed.
   § 4. Section 1204 of  the  retirement  and  social  security  law,  as
 amended by chapter 18 of the laws of 2012, the second undesignated para-
 graph  as  amended  by section 3 of part KK of chapter 55 of the laws of
 2024, is amended to read as follows:
   §  1204.  Member  contributions.  Members  who  are  subject  to   the
 provisions  of  this  article  shall  contribute three percent of annual
 wages to the retirement system in which they  have  membership,  [except
 that  beginning April first, two thousand thirteen for members who first
 become members of the New York state and local police and  fire  retire-
 ment  system  on  or after April first, two thousand twelve, the rate at
 which each such member shall contribute in any current plan year  (April
 first  to  March  thirty-first)  shall be determined by reference to the
 wages of such member in the second plan year (April first to March thir-
 ty-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  (April  first  to  March  thirty-first)  in which such member has
 established membership in the New York state and local police  and  fire
 retirement  system,  such member shall contribute a percentage of annual
 wages in accordance with the preceding schedule based upon a  projection
 of annual wages provided by the employer. Notwithstanding the foregoing,
 when  determining the rate at which each such member who became a member
 of the New York state and local police and fire retirement system on  or
 after  April  first,  two  thousand twelve shall contribute for any plan
 year (April first to March thirty-first) between April first, two  thou-
 sand  twenty-two  and  April  first,  two thousand twenty-six, such rate
 shall be determined by reference to employees annual base wages of  such
 member  in  the  second  plan  year  (April first to March thirty-first)
 preceding such current plan year] EXCEPT THAT  BEGINNING  ON  AND  AFTER
 APRIL FIRST, TWO THOUSAND TWENTY-FIVE, FOR MEMBERS OF THE NEW YORK STATE
 AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM WHO FIRST JOINED ON OR AFTER
 APRIL  FIRST,  TWO THOUSAND TWELVE, THE CONTRIBUTION IN ANY CURRENT PLAN
 YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) SHALL BE DETERMINED  BY  REFER-
 ENCE  TO THE BASE WAGES OF SUCH MEMBER AS OF APRIL FIRST IN THE PREVIOUS
 PLAN YEAR AS FOLLOWS:
 S. 8133                             9
 
   1. MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS  PER  ANNUM  OR
 LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   2.  MEMBERS  WITH  WAGES GREATER THAN SEVENTY-FIVE THOUSAND PER ANNUM,
 BUT NOT MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL  CONTRIBUTE  FOUR
 PER CENTUM OF ANNUAL WAGES; AND
   3.  MEMBERS  WITH  WAGES  GREATER  THAN ONE HUNDRED THOUSAND PER ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED MEMBERSHIP IN THE NEW YORK STATE AND LOCAL POLICE  AND  FIRE
 RETIREMENT  SYSTEM,  SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE OF ANNUAL
 WAGES IN ACCORDANCE WITH THE PRECEDING SCHEDULE BASED UPON A  PROJECTION
 OF  ANNUAL  WAGES  PROVIDED  BY THE EMPLOYER.   Base wages shall include
 regular pay, shift differential pay, location  pay,  and  any  increased
 hiring  rate pay, but shall not include any overtime payments. Effective
 April first, two thousand twelve, all members subject to the  provisions
 of  this  article  shall not be required to make member contributions on
 annual wages excluded from  the  calculation  of  final  average  salary
 pursuant  to  section  twelve  hundred three of this article. Nothing in
 this section, however, shall be construed or deemed to allow members  to
 receive a refund of any member contributions on such wages paid prior to
 April first, two thousand twelve.
   Members  who  are enrolled in a retirement plan that limits the amount
 of creditable service a member can accrue shall not be required to  make
 contributions pursuant to this section after accruing the maximum amount
 of  service  credit  allowed  by  the  retirement plan in which they are
 enrolled. The state comptroller shall promulgate such regulations as may
 be necessary and appropriate with  respect  to  the  deduction  of  such
 contribution  from members' wages and for the maintenance of any special
 fund or funds with respect to amounts so contributed. In  no  way  shall
 the  member  contributions  made  pursuant  to  this  section be used to
 provide for pension increases or annuities of any kind.
   § 5. Subdivision 2 of section 182 of the education law, as amended  by
 chapter 18 of the laws of 2012, is amended to read as follows:
   2.  Employee  contributions.  In  the  case  of any electing employee,
 contributions at the rate of three per centum  of  [his]  SUCH  ELECTING
 EMPLOYEE'S  state  salary  shall be deducted by the state comptroller as
 the employee contribution, provided however, that such employee contrib-
 ution 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]  SUCH  MEMBER'S  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;
 S. 8133                            10

   (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]  BEGINNING APRIL FIRST, TWO THOUSAND
 TWENTY-FIVE, FOR ANY  ELECTING  EMPLOYEE  OF  THE  EDUCATION  DEPARTMENT
 OPTIONAL RETIREMENT PROGRAM APPOINTED ON OR AFTER APRIL FIRST, TWO THOU-
 SAND  TWELVE, THE CONTRIBUTIONS IN THE CURRENT PLAN YEAR (APRIL FIRST TO
 MARCH THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE TO THE  BASE  WAGES
 OF SUCH MEMBER AS OF APRIL FIRST IN THE PREVIOUS PLAN YEAR AS FOLLOWS:
   (A)  MEMBERS  WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
 LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   (B) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND  PER  ANNUM,
 BUT  NOT  MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE FOUR
 PER CENTUM OF ANNUAL WAGES; AND
   (C) MEMBERS WITH WAGES GREATER THAN ONE  HUNDRED  THOUSAND  PER  ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED  MEMBERSHIP  IN THE EDUCATION DEPARTMENT OPTIONAL RETIREMENT
 PROGRAM, SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE OF  ANNUAL  WAGES  IN
 ACCORDANCE WITH THE PRECEDING SCHEDULE BASED UPON A PROJECTION OF ANNUAL
 WAGES PROVIDED BY THE EMPLOYER.
   §  6.  Paragraph  (d) of subdivision 2 of section 392 of the education
 law, as added by chapter 18 of the laws of 2012, is amended to  read  as
 follows:
   (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
 S. 8133                            11

   (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] BEGINNING ON AND AFTER APRIL FIRST, TWO
 THOUSAND TWENTY-FIVE, FOR ANY ELECTING EMPLOYEE OF THE STATE  UNIVERSITY
 OPTIONAL RETIREMENT PROGRAM APPOINTED ON OR AFTER APRIL FIRST, TWO THOU-
 SAND  TWELVE, THE CONTRIBUTIONS IN THE CURRENT PLAN YEAR (APRIL FIRST TO
 MARCH THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE TO THE  BASE  WAGES
 OF SUCH MEMBER AS OF APRIL FIRST IN THE PREVIOUS PLAN YEAR AS FOLLOWS:
   (I)  MEMBERS  WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
 LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   (II) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND PER  ANNUM,
 BUT  NOT  MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE FOUR
 PER CENTUM OF ANNUAL WAGES; AND
   (III) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND  PER  ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED  MEMBERSHIP  IN  THE  STATE  UNIVERSITY  OPTIONAL RETIREMENT
 PROGRAM, SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE OF  ANNUAL  WAGES  IN
 ACCORDANCE WITH THE PRECEDING SCHEDULE BASED UPON A PROJECTION OF ANNUAL
 WAGES PROVIDED BY THE EMPLOYER.
   §  7.  Paragraph (d) of subdivision 2 of section 6252 of the education
 law, as added by chapter 18 of the laws of 2012, is amended to  read  as
 follows:
   (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:
   (1) members with wages of forty-five thousand  dollars  per  annum  or
 less shall contribute three per centum of annual wages;
   (2) 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;
   (3) 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;
   (4)  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
   (5)  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 Board of Higher Education Optional Retire-
 ment 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] FOR ANY ELECTING EMPLOYEE OF  THE
 BOARD  OF  HIGHER  EDUCATION OPTIONAL RETIREMENT PROGRAM APPOINTED ON OR
 AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE CONTRIBUTIONS IN THE CURRENT
 S. 8133                            12
 
 PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST)  SHALL  BE  DETERMINED  BY
 REFERENCE  TO  THE  BASE  WAGES  OF SUCH MEMBER AS OF APRIL FIRST IN THE
 PREVIOUS PLAN YEAR AS FOLLOWS:
   (1)  MEMBERS  WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
 LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
   (2) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND  PER  ANNUM,
 BUT  NOT  MORE THAN ONE HUNDRED THOUSAND PER ANNUM SHALL CONTRIBUTE FOUR
 PER CENTUM OF ANNUAL WAGES; AND
   (3) MEMBERS WITH WAGES GREATER THAN ONE  HUNDRED  THOUSAND  PER  ANNUM
 SHALL CONTRIBUTE FIVE PER CENTUM OF ANNUAL WAGES.
   NOTWITHSTANDING THE FOREGOING, IN THE FIRST YEAR IN WHICH A MEMBER HAS
 ESTABLISHED MEMBERSHIP IN THE BOARD OF HIGHER EDUCATION OPTIONAL RETIRE-
 MENT  PROGRAM, SUCH MEMBER SHALL CONTRIBUTE A PERCENTAGE OF ANNUAL WAGES
 IN ACCORDANCE WITH THE PRECEDING SCHEDULE BASED  UPON  A  PROJECTION  OF
 ANNUAL WAGES PROVIDED BY THE EMPLOYER.
   §  8. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   §  9.  This act shall take effect April 1, 2025; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2025.