N.Y. Educ. Law § 182

§ 182. Rates of contribution. * 1. Employer contributions. In the case\nof any electing employee initially appointed on or before June\nthirtieth, nineteen hundred ninety-two, the state shall, during\ncontinuance of his employment, make contributions at the rate of nine\npercentum of that portion of his state salary upon which contributions\nare or may hereafter be paid to the secretary of the treasury of the\nUnited States pursuant to article three of the retirement and social\nsecurity law and at the rate of twelve percentum of that portion of his\nstate salary above said amount, out of moneys which shall be\nappropriated to the department for such purpose. In the case of any\nelecting employee initially appointed on or after July first, nineteen\nhundred ninety-two, the state shall, during continuance of his\nemployment, make contributions at the rate of eight percentum of his\nstate salary during the first seven years of such employment and at the\nrate of ten percentum of his state salary, thereafter, out of moneys\nwhich shall be appropriated to the department for such purpose. For\npurposes of this subdivision, that portion of the employee's salary upon\nwhich contributions are paid to the secretary of the treasury of the\nUnited States pursuant to article three of the retirement and social\nsecurity law shall not exceed sixteen thousand five hundred dollars.\n * NB Effective until October 1, 2026\n * 1. Employer contributions. In the case of any electing employee\ninitially appointed on or before June thirtieth, nineteen hundred\nninety-two, the state shall, during continuance of their employment,\nmake contributions at the rate of nine percentum of that portion of\ntheir state salary upon which contributions are or may hereafter be paid\nto the secretary of the treasury of the United States pursuant to\narticle three of the retirement and social security law and at the rate\nof twelve percentum of that portion of their state salary above said\namount, out of moneys which shall be appropriated to the department for\nsuch purpose. In the case of any electing employee initially appointed\non or after July first, nineteen hundred ninety-two, the state shall,\nduring continuance of their employment, make contributions at the rate\nof eight percentum of their state salary during the first seven years of\nsuch employment and at the rate of ten percentum of their state salary,\nthereafter, out of moneys which shall be appropriated to the department\nfor such purpose. For purposes of this subdivision, that portion of the\nemployee's salary upon which contributions are paid to the secretary of\nthe treasury of the United States pursuant to article three of the\nretirement and social security law shall not exceed sixteen thousand\nfive hundred dollars, provided however, that effective October first,\ntwo thousand twenty-six, in the case of any electing employee initially\nappointed on or after April first, two thousand twelve, with respect to\nemployees of the state university and the electing employer, with\nrespect to employees of a community college, shall, during continuance\nof their employment, make contributions at the rate of nine percentum of\ntheir salary during the first seven years of such employment and at the\nrate of eleven percentum of their salary thereafter, out of monies which\nshall be appropriated to the state university or which shall be\navailable to the electing employer for such purpose.\n * NB Effective October 1, 2026\n * 2. Employee contributions. In the case of any electing employee,\ncontributions at the rate of three per centum of his state salary shall\nbe deducted by the state comptroller as the employee contribution,\nprovided however, that such employee contribution shall be made by the\nstate in accordance with subdivision one of this section during such\nperiod as (a) either section seventy-a of the retirement and social\nsecurity law or section five hundred twenty-eight of this title provides\nthat the contribution of each member of the New York state employees'\nretirement system or the New York state teachers' retirement system in\nthe employ of the state shall be reduced by at least eight per centum of\nhis compensation, or (b) employee contributions to either such system\nare no longer required by reason of such system becoming noncontributory\nfor state employees.\n Notwithstanding any other law to the contrary, beginning April first,\ntwo thousand thirteen any electing employee appointed on or after April\nfirst, two thousand twelve, the rate at which each such employee shall\ncontribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n (a) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n (b) members with wages greater than forty-five thousand per annum, but\nnot more than fifty-five thousand per annum shall contribute three and\none-half per centum of annual wages;\n (c) members with wages greater than fifty-five thousand per annum, but\nnot more than seventy-five thousand per annum shall contribute four and\none-half per centum of annual wages;\n (d) members with wages greater than seventy-five thousand per annum\nbut not more than one hundred thousand per annum shall contribute five\nand three-quarters per centum of annual wages; and\n (e) members with wages greater than one hundred thousand per annum\nshall contribute six per centum of annual wages.\n Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the Education Department Optional Retirement\nProgram, such employee shall contribute a percent of annual wages in\naccordance with the preceding schedule based upon a projection of annual\nwages provided by the employer.\n * NB Effective until October 1, 2026\n * 2. Employee contributions. In the case of any electing employee,\ncontributions at the rate of three per centum of such electing\nemployee's state salary shall be deducted by the state comptroller as\nthe employee contribution, provided however, that such employee\ncontribution shall be made by the state in accordance with subdivision\none of this section during such period as (a) either section seventy-a\nof the retirement and social security law or section five hundred\ntwenty-eight of this title provides that the contribution of each member\nof the New York state employees' retirement system or the New York state\nteachers' retirement system in the employ of the state shall be reduced\nby at least eight per centum of such member's compensation, or (b)\nemployee contributions to either such system are no longer required by\nreason of such system becoming noncontributory for state employees.\n Notwithstanding any other law to the contrary, beginning April first,\ntwo thousand thirteen any electing employee appointed on or after April\nfirst, two thousand twelve, the rate at which each such employee shall\ncontribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n (a) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n (b) members with wages greater than forty-five thousand dollars per\nannum, but not more than fifty-five thousand dollars per annum shall\ncontribute three and one-half per centum of annual wages;\n (c) members with wages greater than fifty-five thousand dollars per\nannum, but not more than seventy-five thousand dollars per annum shall\ncontribute four and one-half per centum of annual wages;\n (d) members with wages greater than seventy-five thousand dollars per\nannum but not more than one hundred thousand dollars per annum shall\ncontribute five and three-quarters per centum of annual wages; and\n (e) members with wages greater than one hundred thousand dollars per\nannum shall contribute six per centum of annual wages.\n Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the Education Department Optional Retirement\nProgram, such employee shall contribute a percent of annual wages in\naccordance with the preceding schedule based upon a projection of annual\nwages provided by the employer, provided, however, that notwithstanding\nany other law to the contrary, on and after October first, two thousand\ntwenty-six, the rate at which any electing employee who is subject to\nthis paragraph shall contribute in any current plan year (January first\nto December thirty-first) shall be determined by reference to the wages\nof such member in the second plan year (January first to December\nthirty-first) preceding such current plan year as follows:\n (i) members with wages of seventy-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n (ii) members with wages greater than seventy-five thousand dollars per\nannum but not more than one hundred thousand dollars per annum shall\ncontribute four per centum of annual wages;\n (iii) members with wages greater than one hundred thousand dollars per\nannum but not more than one hundred twenty-five thousand dollars per\nannum shall contribute five and one-quarter per centum of annual wages;\nand\n (iv) members with wages greater than one hundred twenty-five thousand\ndollars per annum shall contribute five and three-quarters per centum of\nannual wages.\n * NB Effective October 1, 2026\n 3. Payment of contributions pursuant to subdivisions one and two of\nthis section shall be made to the designated insurer or insurers upon\naudit and warrant of the state comptroller.\n