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This entry was published on 2014-09-22
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SECTION 317-C
Amortization of a portion of the bills for participating employers for the two thousand five--two thousand six fiscal year
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 3
§ 317-c. Amortization of a portion of the bills for participating
employers for the two thousand five--two thousand six fiscal year. a. If
the comptroller, in his or her discretion, decides to permit
amortization of employer contributions pursuant to this section, then,
on or about October fifteenth, two thousand four, on the basis of the
annual actuarial valuation provided for in this chapter, the comptroller
shall determine the amount (exclusive of payments for group term life
insurance, deficiency payments, adjustments relating to prior fiscal
years' obligations and obligations pertaining to retirement incentives
or any other obligations that a participating employer is permitted to
pay on an amortized basis) of the annual contribution for a
participating employer pursuant to section twenty-three-a of this
article due for the fiscal year ending March thirty-first, two thousand
six. The amount by which such contribution exceeds nine and one-half
percent of the estimated pensionable salary base for the fiscal year
ending March thirty-first, two thousand six shall be the "amount
eligible for amortization". An amount up to the "amount eligible for
amortization" may be amortized over a ten-year period at eight percent
interest per annum, with the first of ten equal payments payable on
February first, two thousand seven, provided, however, that on or before
September first, two thousand five the comptroller, in his or her
discretion, may establish a fixed rate of interest per annum to be
applied to the amounts eligible for amortization of all employers, which
more closely approximates a market rate of return on taxable fixed rate
securities with similar terms issued by comparable issuers.

b. A participating employer, may, in lieu of paying its entire
February first, two thousand six bill, pay a lesser amount on February
first, two thousand six which shall be determined by the comptroller by
adding the following two amounts together:

(1) the entire February first, two thousand six bill, calculated
pursuant to section twenty-three-a of this article (without reference to
this section), less the "amount eligible for amortization" determined
pursuant to subdivision a of this section; and

(2) the first annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of section three
hundred seventeen-b of this article, if applicable.

c. A participating employer making a payment pursuant to subdivision b
of this section shall pay on February first, two thousand seven an
amount determined by the comptroller by adding the following three
amounts together:

(1) the entire February first, two thousand seven bill, calculated
pursuant to section three hundred twenty-three-a of this article
(without reference to this section), less the "amount eligible for
amortization" determined pursuant to section three hundred seventeen-d
of this article, if applicable;

(2) the first annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of this section; and

(3) the second annual installment of the "amount eligible for
amortization" determined pursuant to subdivision a of section three
hundred seventeen-b of this article, if applicable.

d. Amortized payments determined pursuant to section three hundred
seventeen-b and pursuant to this section shall be due and payable on
February first of each year during the applicable amortization period.
The comptroller shall have the authority to permit the pre-payment of
the remaining balance of the "amount eligible for amortization"
determined pursuant to both such sections subject to the following:

(1) on or before November fifteenth, two thousand five in addition to
the amount due for the current year billing and for the payment of the
amortized annual installment determined pursuant to section three
hundred seventeen-b and pursuant to this section, the comptroller shall
advise the participating employer of the total amount due and be
authorized to accept pre-payment in full of said amount by February
first, two thousand six.

(2) on or before each November fifteenth thereafter, in addition to
the amount due for the current year billing and for the payment of the
annual amortized installments, the comptroller shall advise the
participating employer of the total amount still outstanding and be
authorized to accept the pre-payment of any balance remaining to be paid
by February first of the succeeding year.