N.Y. Education Law § 6231: Certain payment by the state of New York to the city of New York

§ 6231. Certain payment by the state of New York to the city of New

York. 1. a. (i) Notwithstanding any inconsistent provision of law, but

subject to the provisions of paragraph d of this subdivision, the state

and the city of New York shall each contribute fifty per centum of:

(A) all unfunded accrued liability payments required to be made during

the twelve-month period commencing on July first, nineteen hundred

seventy-nine pursuant to chapters nine hundred seventy-five, nine

hundred seventy-six, and nine hundred seventy-seven of the laws of

nineteen hundred seventy-seven with respect to required employer

contributions to the New York city employees' retirement system and to

the New York city teachers' retirement system on account of employees of

the senior colleges of the city university of New York; and

(B) all revised unfunded accrued liability payments (as defined in

subdivision seven of section sixty-two hundred two of this article)

which are required to be made during the twelve-month period commencing

on July first, nineteen hundred eighty with respect to required employer

contributions to such retirement systems on account of employees of such

senior colleges; and

(C) all installments of the nineteen hundred eighty unfunded accrued

liability adjustment (as defined in subdivision eight of such section

sixty-two hundred two), which installments (if such adjustment is a

charge) are required to be paid in the twelve-month period beginning on

July first, nineteen hundred eighty with respect to required employer

contributions to such retirement systems on account of employees of such

senior colleges.

(ii) Notwithstanding any inconsistent provision of law to the

contrary, but subject to the provisions of paragraph d of this

subdivision, the city of New York shall contribute twenty per centum of

the amount of one year's interest required to be paid in the

twelve-month period beginning July first, nineteen hundred eighty on the

amount of the balance sheet liability (as such liability is determined

as of June thirtieth, nineteen hundred eighty) with respect to required

employer contributions to such retirement systems on account of

employees of such senior colleges plus thirty per centum of that portion

of the amount of one year's interest required to be paid in the

twelve-month period beginning July first, nineteen hundred eighty on the

amount of the balance sheet liability which would represent the amount

of one year's interest which would be required on the amount of a

hypothetical balance sheet liability had such hypothetical balance sheet

liability been determined on June thirtieth, nineteen hundred

seventy-five, with respect to required employer contributions to such

retirement systems on account of employees of such senior colleges.

(iii) Notwithstanding any inconsistent provision of law to the

contrary, but subject to the provisions of paragraph d of this

subdivision, the state of New York shall contribute that portion of the

amount of one year's interest required to be paid in the twelve-month

period beginning July first, nineteen hundred eighty on the amount of

the balance sheet liability (as such liability is determined as of June

thirtieth, nineteen hundred eighty) with respect to required employer

contributions to such retirement systems on account of employees of such

senior colleges, which portion shall be the remainder computed by

subtracting from the amount of such one year's interest required to be

paid in such twelve-month period in relation to such employees, the

amount of interest required by subparagraph (ii) of this paragraph to be

contributed by the city of New York.

b. (i) Notwithstanding any inconsistent provision of law, but subject

to the provisions of paragraph d of this subdivision, commencing with

the twelve-month period beginning July first, nineteen hundred

eighty-one and ending with the twelve-month period terminating on June

thirtieth, nineteen hundred ninety, the state and the city of New York

shall each contribute fifty percentum of:

(A) all revised unfunded accrued liability payments (as defined in

subdivision seven of section sixty-two hundred two of this article)

which are required to be made with respect to required employer

contributions to such retirement systems on account of employees of such

senior colleges; and

(B) all installments of the nineteen hundred eighty unfunded accrued

liability adjustment (as defined in subdivision eight of such section

sixty-two hundred two) which installments (if such adjustment is a

charge) are required to be paid with respect to employer contributions

to such retirement systems on account of employees of such senior

colleges.

(ii) Notwithstanding any inconsistent provision of law to the

contrary, but subject to the provisions of paragraph d of this

subdivision and subparagraph (iv) of this paragraph, commencing with the

twelve-month period beginning July first, nineteen hundred eighty-one

and thereafter, the city of New York shall contribute twenty per centum

of that portion of the yearly installment of the balance sheet liability

contribution (as defined in subdivision nine of such section sixty-two

hundred two) payable with respect to each such retirement system for

each such twelve-month period with respect to required employer

contributions to such retirement system on account of employees of such

senior colleges, plus thirty per centum of that portion of the balance

sheet liability contribution (as defined in subdivision nine of such

section sixty-two hundred two) which would represent the hypothetical

balance sheet liability contribution which would have been required to

be made with respect to employer contributions on account of employees

of such senior colleges if the balance sheet liability had been

determined on June thirtieth, nineteen hundred seventy-five.

(iii) Notwithstanding any inconsistent provision of law to the

contrary, but subject to the provisions of paragraph d of this

subdivision and subparagraph (iv) of this paragraph, commencing with the

twelve-month period beginning July first, nineteen hundred eighty-one

and thereafter, the state shall contribute that portion of the yearly

installment of the balance sheet liability contribution (as defined in

subdivision nine of such section sixty-two hundred two) payable with

respect to each such retirement system for each such twelve-month period

with respect to required employer contributions to such retirement

system on account of employees of such senior colleges, which portion

shall be the remainder computed by subtracting from such yearly

installment with respect to such retirement system on account of such

employees, the amount which the provisions of subparagraph (ii) of this

paragraph require the city of New York to contribute for the same

twelve-month period with respect to such retirement system.

(iv) (A) Notwithstanding any provision of law to the contrary, but

subject to the provisions of paragraph d of this subdivision, the city

of New York shall contribute, in each applicable twelve-month period of

the twenty-year amortization schedule set forth in subdivision bb of

section 13-638.2 of the administrative code of the city of New York, a

portion of each of the following installments, which portion shall be

determined pursuant to the method of computation set forth in

subparagraph (ii) of this paragraph with respect to determination of the

portion of the balance sheet liability contribution required to be paid

by the city:

(1) all NYCERS installments of nineteen hundred ninety BSL

contribution attributable to the senior colleges (as defined in

subdivision eight-m of section sixty-two hundred two of this article);

and

(2) all NYCTRS installments of nineteen hundred ninety BSL

contribution attributable to the senior colleges (as defined in

subdivision eight-n of section sixty-two hundred two of this article).

(B) Notwithstanding any provision of law to the contrary, but subject

to the provisions of paragraph d of this subdivision, the state shall

contribute, in each applicable twelve-month period of the twenty-year

amortization schedule set forth in subdivision bb of section 13-638.2 of

the administrative code of the city of New York, a portion of each of

the installments referred to in item (A) of this subparagraph, which

portion shall be determined pursuant to the method of computation set

forth in subparagraph (iii) of this paragraph with respect to

determination of the portion of the balance sheet liability contribution

required to be paid by the state.

c. (i) If the nineteen hundred eighty unfunded accrued liability

adjustment (as defined in subdivision eight of such section sixty-two

hundred two) is a credit with respect to either of such retirement

systems, there shall be determined the portion of the creditable

installments of such adjustment attributable to the New York city

employees' retirement system and the portion of such creditable

installments attributable to the New York city teachers' retirement

system. With respect to the twelve-month period beginning on July first,

nineteen hundred eighty and each succeeding twelve-month period to and

including the twelve-month period ending on June thirtieth, nineteen

hundred ninety, one-half of the installment, for such period, of the

credit attributable to the New York city employees' retirement system

shall be credited in favor of the city with respect to its obligations

to make contributions to such retirement system for such period and

one-half of such installment shall be credited in favor of the state

with respect to its obligations to make contributions to such retirement

system for such period. With respect to the twelve-month period

beginning on July first, nineteen hundred eighty and each succeeding

twelve-month period to and including the twelve-month period ending on

June thirtieth, nineteen hundred ninety, one-half of the installment,

for such period, of the credit attributable to the New York city

teachers' retirement system shall be credited in favor of the city with

respect to its obligations to make contributions to such retirement

system for such period and one-half of such installment shall be

credited in favor of the state with respect to its obligations to make

contributions to such retirement system for such period.

(ii) There shall be determined with respect to each such retirement

system the portion of each installment of the nineteen hundred

eighty-two unfunded accrued liability adjustment (as defined in

subdivision eight-a of such section sixty-two hundred two) creditable in

the twelve-month periods beginning on July first, nineteen hundred

eighty-two and ending on June thirtieth, nineteen hundred ninety, which

portion is attributable to the employees of such senior colleges.

One-half of such portion shall be credited in favor of the city with

respect to its obligations to make contributions to the New York city

employees' retirement system in each such twelve-month period and

one-half of such portion shall be credited in favor of the state with

respect to its obligations to make contributions to such retirement

system in such twelve-month period. With respect to the twelve-month

period beginning on July first, nineteen hundred eighty-two and each

succeeding twelve-month period to and including the twelve-month period

ending on June thirtieth, nineteen hundred ninety, one-half of such

portion applicable to the New York city teachers' retirement system

shall be credited in favor of the city with respect to its obligations

to make contributions to such retirement system in each such

twelve-month period and one-half of such portion shall be credited in

favor of the state with respect to its obligations to make contributions

to such retirement system in such twelve-month period.

c-1. (i) Notwithstanding any other provisions of law to the contrary,

commencing with the twelve-month period beginning on July first,

nineteen hundred eighty-five and in each twelve-month period thereafter

to and including the twelve-month period ending on June thirtieth,

nineteen hundred ninety:

(A) one-half of one annual installment of the NYCERS nineteen hundred

eighty-five unfunded accrued liability adjustment attributable to the

senior colleges (as defined in subdivision eight-b of section sixty-two

hundred two of this article) shall be credited in favor of the city with

respect to its obligations to make contributions of the New York city

employees' retirement system in each such twelve-month period; and

(B) one-half of one such annual installment above referred to in this

subparagraph shall be credited in favor of the state with respect to its

obligations to make contributions to such retirement system in each such

twelve-month period.

(ii) Notwithstanding any other provision of law to the contrary, there

shall be determined the portion of each installment of the NYCTRS

nineteen hundred eighty-five unfunded accrued liability adjustment (as

defined in subdivision eight-c of such section sixty-two hundred two)

creditable in the twelve-month periods beginning on July first, nineteen

hundred eighty-five and ending on June thirtieth, nineteen hundred

ninety, which portion is attributable to the employees of such senior

colleges. One-half of such portion shall be credited in favor of the

city with respect to its obligations to make contributions to the New

York city teachers' retirement system in each such twelve-month period

and one-half of such portion shall be credited in favor of the state

with respect to its obligations to make contributions to such retirement

system in such twelve-month period.

(iii) Notwithstanding any other provision of law to the contrary,

there shall be determined the portion of each installment of the NYCTRS

nineteen hundred eighty-six unfunded accrued liability adjustment (as

defined in subdivision eight-d of such section sixty-two hundred two)

creditable in the twelve-month periods beginning on July first, nineteen

hundred eighty-six and ending on June thirtieth, nineteen hundred

ninety, which portion is attributable to the employees of such senior

colleges. One-half of such portion shall be credited in favor of the

city with respect to its obligations to make contributions to the New

York city teachers' retirement system in each such twelve-month period

and one-half of such portion shall be credited in favor of the state

with respect to its obligations to make contributions to such retirement

system in such twelve-month period.

c-2. Notwithstanding any other provisions of law to the contrary:

(i) commencing with the twelve-month period beginning on July first,

nineteen hundred eighty-eight and in each twelve-month period thereafter

to and including the twelve-month period ending on June thirtieth,

nineteen hundred ninety:

(A) if the New York city employees' retirement system nineteen hundred

eighty-eight unfunded accrued liability adjustment attributable to the

senior colleges (as defined in subdivision eight-e of section sixty-two

hundred two of this article) is a charge, the state and the city of New

York shall each contribute to the New York city employees' retirement

system one-half of each of the installments of such charge for such

twelve-month periods; and

(B) if the New York city employees' retirement system nineteen hundred

eighty-eight unfunded accrued liability adjustment attributable to the

senior colleges is a credit, one-half of each installment of such credit

for such twelve-month periods shall be credited in favor of the state

with respect to its obligations to make contributions to such retirement

system for the twelve-month period to which such installment applies;

and one-half of each such installment shall be credited in favor of the

city of New York with respect to its obligations to make contributions

to such retirement system for the twelve-month period to which such

installment applies; and

(ii) commencing with the twelve-month period beginning on July first,

nineteen hundred eighty-eight and in each twelve-month period thereafter

to and including the twelve-month period ending on June thirtieth,

nineteen hundred ninety:

(A) if the New York city teachers' retirement system nineteen hundred

eighty-eight unfunded accrued liability adjustment attributable to the

senior colleges (as defined in subdivision eight-f of section sixty-two

hundred two of this article) is a charge, the state and the city of New

York shall each contribute to the New York city teachers' retirement

system one-half of each of the installments of such charge; and

(B) if the New York city teachers' retirement system nineteen hundred

eighty-eight unfunded accrued liability adjustment attributable to the

senior colleges is a credit, one-half of each installment of such credit

shall be credited in favor of the state with respect to its obligations

to make contributions to such retirement system for the twelve-month

period to which such installment applies and one-half of each such

installment shall be credited in favor of the city of New York with

respect to its obligations to make contributions to such retirement

system for the twelve-month period to which such installment applies.

c-3. Notwithstanding any other provision of law to the contrary,

commencing with the twelve-month period constituting the first fiscal

year of the applicable designated amortization period prescribed

pursuant to subdivision k of section 13-638.2 of the administrative code

of the city of New York with respect to any NYCERS post-June thirtieth,

nineteen hundred ninety unfunded accrued liability adjustment

attributable to the senior colleges (as defined in subdivision eight-g

of such section sixty-two hundred two), and commencing with the

twelve-month period constituting the first fiscal year of the applicable

designated amortization period prescribed pursuant to such subdivision k

with respect to any NYCTRS post-June thirtieth, nineteen hundred ninety

unfunded accrued liability adjustment attributable to the senior

colleges (as defined in subdivision eight-h of such section sixty-two

hundred two), and in each of the next succeeding twelve-month periods of

such applicable designated period of amortization:

(i) if such adjustment is a charge, the state and the city of New York

shall each contribute to the retirement system in relation to which such

adjustment is established one-half of the installment of such adjustment

due in such twelve-month period; and

(ii) if such adjustment is a credit, one-half of the installment of

such credit attributable to such twelve-month period shall be credited

in favor of the city with respect to its obligations to make

contributions to such retirement system in such twelve-month period and

one-half of the installment of such credit attributable to such

twelve-month period shall be credited in favor of the state with respect

to its obligations to make contributions to such retirement system in

such twelve-month period.

c-4. Notwithstanding any other provision of law to the contrary, but

subject to the provisions of paragraph d of this subdivision, in each

applicable twelve-month period of the twenty-year amortization schedule

set forth in subdivision bb of section 13-638.2 of the administrative

code of the city of New York, the state and the city of New York shall

each contribute one-half of the following installments:

(i) all NYCERS phase-in installments of nineteen hundred ninety UAL

contribution attributable to the senior colleges (as defined in

subdivision eight-i of section sixty-two hundred two of this article);

(ii) all NYCERS regular installments of nineteen hundred ninety UAL

contribution attributable to the senior colleges (as defined in

subdivision eight-j of section sixty-two hundred two of this article);

(iii) all NYCTRS phase-in installments of nineteen hundred ninety UAL

contribution attributable to the senior colleges (as defined in

subdivision eight-k of section sixty-two hundred two of this article);

and

(iv) all NYCTRS regular installments of nineteen hundred ninety UAL

contribution attributable to the senior colleges (as defined in

subdivision eight-1 of section sixty-two hundred two of this article).

d. The costs of such unfunded accrued liability contributions, revised

unfunded accrued liability contributions, contributions on account of

installments of nineteen hundred eighty unfunded accrued liability

adjustment (if such adjustment is a charge), contributions on account of

New York city employees' retirement system nineteen hundred eighty-eight

unfunded accrued liability adjustment attributable to the senior

colleges (if such adjustment is a charge) and New York city teachers'

retirement system nineteen hundred eighty-eight unfunded accrued

liability adjustment attributable to the senior colleges (if such

adjustment is a charge), contributions on account of any NYCERS

post-June thirtieth, nineteen hundred ninety unfunded accrued liability

adjustment attributable to the senior colleges (if such adjustment is a

charge), contributions on account of any NYCTRS post-June thirtieth,

nineteen hundred ninety unfunded accrued liability adjustment

attributable to the senior colleges (if such adjustment is a charge),

balance sheet liability contributions and contribution on account of

interest on balance sheet liability and contributions for twenty-year

amortization of nineteen hundred ninety senior college consolidated UAL

and senior college remainder of BSL (as defined in subdivision eight-o

of section sixty-two hundred two of this article) referred to in

paragraphs a, b, c-1, c-2, c-3 and c-4 of this subdivision shall be

pre-financed from city of New York funds. The state shall reimburse the

city of New York for the state's share of such costs in relation to such

employees resulting from such contributions payable to such retirement

systems during the periods beginning on July first, nineteen hundred

seventy-nine and thereafter according to the repayment schedule set

forth for the senior colleges in subparagraph three of subdivision A of

section sixty-two hundred twenty-one of this article.

2. For each city fiscal year, the board of trustees of the city

university shall submit a proposed budget request for such employer

contribution as defined in subdivision one above in such form and

content as shall be required by the state director of the budget. Such

proposed budget request shall be submitted to the governor by the first

day of October of each year, with copies at such time to the state

director of the budget, the senate finance committee, the assembly ways

and means committee and, for information purposes, the director of the

office of management and budget of the city of New York. The governor

shall submit his recommendations with respect to such budget to the

legislature as part of the local assistance portion of the executive

budget.

3. The state comptroller shall annually audit the amounts paid

pursuant to this section and shall make a report as soon as practicable

thereon to the governor, the temporary president of the senate, the

speaker of the assembly and the mayor of the city of New York.