Legislation

§ 182. Rates of contribution. * 1. Employer contributions. In the case
of any electing employee initially appointed on or before June
thirtieth, nineteen hundred ninety-two, the state shall, during
continuance of his employment, make contributions at the rate of nine
percentum of that portion of his state salary upon which contributions
are or may hereafter be paid to the secretary of the treasury of the
United States pursuant to article three of the retirement and social
security law and at the rate of twelve percentum of that portion of his
state salary above said amount, out of moneys which shall be
appropriated to the department for such purpose. In the case of any
electing employee initially appointed on or after July first, nineteen
hundred ninety-two, the state shall, during continuance of his
employment, make contributions at the rate of eight percentum of his
state salary during the first seven years of such employment and at the
rate of ten percentum of his state salary, thereafter, out of moneys
which shall be appropriated to the department for such purpose. For
purposes of this subdivision, that portion of the employee's salary upon
which contributions are paid to the secretary of the treasury of the
United States pursuant to article three of the retirement and social
security law shall not exceed sixteen thousand five hundred dollars.

* NB Effective until October 1, 2026

* 1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred
ninety-two, the state shall, during continuance of their employment,
make contributions at the rate of nine percentum of that portion of
their state salary upon which contributions are or may hereafter be paid
to the secretary of the treasury of the United States pursuant to
article three of the retirement and social security law and at the rate
of twelve percentum of that portion of their state salary above said
amount, out of moneys which shall be appropriated to the department for
such purpose. In the case of any electing employee initially appointed
on or after July first, nineteen hundred ninety-two, the state shall,
during continuance of their employment, make contributions at the rate
of eight percentum of their state salary during the first seven years of
such employment and at the rate of ten percentum of their state salary,
thereafter, out of moneys which shall be appropriated to the department
for such purpose. For purposes of this subdivision, that portion of the
employee's salary upon which contributions are paid to the secretary of
the treasury of the United States pursuant to article three of the
retirement and social security law shall not exceed sixteen thousand
five hundred dollars, provided however, that effective October first,
two thousand twenty-six, in the case of any electing employee initially
appointed on or after April first, two thousand twelve, with respect to
employees of the state university and the electing employer, with
respect to employees of a community college, shall, during continuance
of their employment, make contributions at the rate of nine percentum of
their salary during the first seven years of such employment and at the
rate of eleven percentum of their salary thereafter, out of monies which
shall be appropriated to the state university or which shall be
available to the electing employer for such purpose.

* NB Effective October 1, 2026

* 2. Employee contributions. In the case of any electing employee,
contributions at the rate of three per centum of his state salary 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 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 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.

* NB Effective until October 1, 2026

* 2. Employee contributions. In the case of any electing employee,
contributions at the rate of three per centum of such electing
employee's state salary 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 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 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;

(b) members with wages greater than forty-five thousand dollars per
annum, but not more than fifty-five thousand dollars per annum shall
contribute three and one-half per centum of annual wages;

(c) members with wages greater than fifty-five thousand dollars per
annum, but not more than seventy-five thousand dollars per annum shall
contribute four and one-half per centum of annual wages;

(d) members with wages greater than seventy-five thousand dollars per
annum but not more than one hundred thousand dollars per annum shall
contribute five and three-quarters per centum of annual wages; and

(e) members with wages greater than one hundred thousand dollars 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, provided, however, that notwithstanding
any other law to the contrary, on and after October first, two thousand
twenty-six, the rate at which any electing employee who is subject to
this paragraph 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 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 dollars per
annum but not more than one hundred thousand dollars per annum shall
contribute four per centum of annual wages;

(iii) members with wages greater than one hundred thousand dollars per
annum but not more than one hundred twenty-five thousand dollars per
annum shall contribute five and one-quarter per centum of annual wages;
and

(iv) members with wages greater than one hundred twenty-five thousand
dollars per annum shall contribute five and three-quarters per centum of
annual wages.

* NB Effective October 1, 2026

3. Payment of contributions pursuant to subdivisions one and two of
this section shall be made to the designated insurer or insurers upon
audit and warrant of the state comptroller.