N.Y. Education Law § 3109-a: Reduction of salaries for tax-deferred annuities

§ 3109-A. Reduction of salaries for tax-deferred annuities. The board

of education of a city having a population of one million or more, in

its discretion, may enter into a written agreement with any of its

employees or with any employee of a school district within such city to

reduce the annual salary, as otherwise earned and payable by law, of

such employee for the purpose of providing a tax-deferred annuity for

such employee under the retirement system in which such employee is

currently a member, but only if such retirement system specifically

provides for such tax-deferred annuities, and subject to any provisions

and limitations applicable thereto. Any such agreement may be

terminated upon written notice by either such employee or such board.

Nothing contained in this section shall be construed to diminish or

impair any benefits to which such employee or his legal representatives

or beneficiaries would be otherwise entitled had such salary reduction

agreement not been entered into in accordance with the provisions of

this section.