Legislation

* § 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
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:

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
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 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.

* NB Effective until October 1, 2026

* § 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
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:

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 (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
thousand twenty-two and April first, two thousand twenty-eight, 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
October first, two thousand twenty-six, for members who first became
members of the New York state and local police and fire 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 in the second
plan year (April first to March 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.

Base wages shall include regular pay, shift differential pay, location
pay, and any increased hiring rate pay, but from April first, two
thousand twenty-two through March thirty-first, two thousand
twenty-eight 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.

* NB Effective October 1, 2026