N.Y. Education Law § 6252: Rates of contribution

§ 6252. 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 city shall, during

continuance of his employment, makes contributions at the rate of nine

percentum of that portion of his city 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

city salary above said amount, out of monies which shall be appropriated

to the city university for such purposes. In the case of any electing

employee initially appointed on or after July first, nineteen hundred

ninety-two, the city shall, during continuance of his employment, make

contributions at the rate of eight percentum of his city salary during

the first seven years of such employment and at the rate of ten

percentum of his city salary, thereafter, out of monies which shall be

appropriated to the city university for such purpose. For purposes of

this subdivision, that portion of the employee's salary upon which

contributions are or may thereafter be paid to the secretary of the

treasury of the United States pursuant to article three of the

retirement and social security law shall be deemed not to 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 city shall, during continuance of their employment,

makes contributions at the rate of nine percentum of that portion of

their city 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 city salary above said

amount, out of monies which shall be appropriated to the city university

for such purposes. In the case of any electing employee initially

appointed on or after July first, nineteen hundred ninety-two, the city

shall, during continuance of their employment, make contributions at the

rate of eight percentum of their city salary during the first seven

years of such employment and at the rate of ten percentum of their city

salary, thereafter, out of monies which shall be appropriated to the

city university for such purpose, 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, the city 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 city university for such purpose. For purposes of this subdivision,

that portion of the employee's salary upon which contributions are or

may thereafter be paid to the secretary of the treasury of the United

States pursuant to article three of the retirement and social security

law shall be deemed not to exceed sixteen thousand five hundred dollars.

* NB Effective October 1, 2026

2. Employee contributions. (a) In the case of any electing employee,

contributions at the rate of three percentum of his city salary shall be

deducted as the employee contribution by the comptroller, provided

however that such employee contribution shall be made by the city in

accordance with subdivision one of this section during such period as

either section seventy-a of the retirement and social security law or

section B3-36.1 or section B20-41.1 of the administrative code of the

city of New York provides that the contribution of any member of the New

York city employees' retirement system or the New York city teachers'

retirement system in the employ of the city shall be reduced by at least

eight percentum of his compensation; and provided further, however, that

such employee contribution with respect to the fiscal year of the city

beginning on July first, nineteen hundred seventy-two and ending on June

thirtieth, nineteen hundred seventy-three shall be made by the city,

notwithstanding any of the foregoing provisions of this subdivision to

the contrary.

(b) Notwithstanding any provision of paragraph (a) of this subdivision

or any other provision of law to the contrary, but subject to the

provisions of subdivision d of section six hundred thirteen of the

retirement and social security law in the case of any electing employee

initially appointed on or after July first, nineteen hundred ninety-two,

contributions at the rate of three percentum of his or her city salary

shall be deducted as the employee contribution by the comptroller.

(c) Notwithstanding any other provision of this section or any other

law to the contrary, (1) on and after April first, two thousand eight

for a member who joined the optional retirement program established

pursuant to this article before April first, two thousand twelve and who

has ten or more years of membership in such optional retirement program,

the city shall contribute one-third of the three percent employee

contribution required pursuant to the provisions of this section on

behalf of such employee; and (2) on and after April first, two thousand

nine for a member who joined the optional retirement program established

pursuant to this article before April first, two thousand twelve and who

has ten or more years of membership in such optional retirement program,

the city shall contribute two-thirds of the three percent employee

contribution required pursuant to the provisions of this section on

behalf of such employee; and (3) on and after April first, two thousand

ten for a member who joined the optional retirement program established

pursuant to this article before April first, two thousand twelve and who

has ten or more years of membership in such optional retirement program,

the city shall contribute the three percent employee contribution

required pursuant to the provisions of this section on behalf of such

employee. The provisions of this paragraph shall not apply to any

electing employee who becomes a member of the optional retirement

program on or after April first, two thousand twelve.

* (d) 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:

(1) members with wages of forty-five thousand dollars per annum or

less shall contribute three per centum of annual wages;

(2) 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;

(3) 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;

(4) 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

(5) 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 Board of Higher Education 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

* (d) 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:

(1) members with wages of forty-five thousand dollars per annum or

less shall contribute three per centum of annual wages;

(2) 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;

(3) 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;

(4) 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

(5) 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 Board of Higher Education 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 comptroller.

4. In the case of an electing employee initially appointed on or after

the effective date of the election to offer such programs established by

the board, no contributions pursuant to subdivisions one and two of this

section shall be made by the city until his completion of one year of

service and continuance in service thereafter. Employee contributions,

if any, required during this initial year of service shall be deducted

and held by the comptroller. At the end of his initial year of service,

a single contribution in an amount determined pursuant to subdivisions

one and two of this section, with interest at the rate of four percentum

per annum, shall be made, upon audit and warrant of the comptroller, to

the designated insurer or insurers, on behalf of such employee continued

in service. In the case of an electing employee who does not continue in

service with the board beyond his initial year of service, the amount of

employee contribution, if any, deducted from his salary shall be

refunded to him, with interest at the rate of four percentum per annum.

5. The provisions of subdivision four of this section shall not apply

to any electing employee who, at the time of initial appointment, owns a

contract determined by the board to be similar to those contracts to be

purchased under the optional retirement program and issued by the

designated insurer or insurers.