S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8134
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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.
                                                            LBD11201-02-5
              

 S. 8134                             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. 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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, THE RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR  MORE  YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL 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. Subdivision a of section 613 of the retirement and social securi-
 ty law, as amended by chapter 10 of the laws of 2000, paragraphs 1 and 2
 as amended by chapter 510 of the laws of 2015,  the second  undesignated
 paragraph  of paragraph 1 and the second undesignated paragraph of para-
 graph 2 as amended by section 2 of part KK of chapter 55 of the laws  of
 2024, is amended to read as follows:
   a. 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
 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;
 S. 8134                             3
 
   (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. 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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, THE RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR  MORE  YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL 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
 S. 8134                             4
 
 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;
   (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. 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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, THE RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR  MORE  YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL WAGES.
   §  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,  the  second
 undesignated  paragraph  of  subdivision  f  and the second undesignated
 paragraph of subdivision g as amended  by section 2 of part KK of  chap-
 ter 55 of the laws of 2024, are amended to read as follows:
 S. 8134                             5
 
   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
 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. 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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH,  THE  RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR MORE YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL WAGES.
   The head of the New York state and local employees' 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.
   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
 S. 8134                             6
 
 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.  Annual  base
 wages shall not include compensation earned for extracurricular programs
 or  any  other  pensionable earnings paid in addition to the annual base
 wages.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, THE RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR  MORE  YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL 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
 paragraph 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:
 S. 8134                             7
 
   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. 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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH,  THE  RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR MORE YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL WAGES.
   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] THE state salary
 OF SUCH EMPLOYEE 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
 S. 8134                             8
 
 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 EMPLOYEE'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;
   (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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH,  THE  RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR MORE YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL WAGES.
   § 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;
 S. 8134                             9
 
   (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  (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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, THE RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR  MORE  YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL WAGES.
   §  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.
   NOTWITHSTANDING THE FOREGOING, ON AND AFTER THE EFFECTIVE DATE OF THIS
 PARAGRAPH, THE RATE OF CONTRIBUTION FOR MEMBERS WITH TEN OR  MORE  YEARS
 OF MEMBERSHIP SHALL BE THREE PER CENTUM OF ANNUAL WAGES.
   §  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. No   employee contributions made by a member of a public retire-
 ment system prior to the effective date of this act shall be refunded as
 a result of this act becoming a law.
   § 10. This act shall take effect one year after it shall have become a
 law.