State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 516

§ 516. Annuity  savings fund; contributions and payments.  The annuity  savings fund shall be  the  fund  in  which  shall  be  accumulated  the  deductions made from the compensation of contributors.  Contributions to  and  payments  from  the  annuity  savings  fund  shall  be  made in the  following manner:    1.  Each  employer  shall  deduct  from  the  compensation   of   each  contributor  on  each and every payroll of such contributor for each and  every payroll period subsequent to the date upon which such  contributor  became a member an amount equal to four per centum of such contributor's  earnable  compensation  in the cases of teachers who last became members  on or before the thirtieth day of June, nineteen hundred forty-eight and  five per centum of earnable compensation in the cases  of  teachers  who  last  became members on or after the first day of July, nineteen hundred  forty-eight except if membership is renewed upon restoration  to  active  service  after  retirement  for  disability,  regular  interest shall be  credited at the rate allowed to the member at the  time  his  retirement  for  disability  last  became  effective. But no employer shall make any  deduction for annuity purposes from the compensation of a member who has  completed at least thirty-five  years  of  total  service,  or  who  has  attained  the  age  of sixty and completed at least twenty-five years of  total state service, if such member elects not to contribute.    2. In determining the amount earnable by a contributor  in  a  payroll  period,  the  retirement  board  may  consider  the rate of compensation  payable to such member on  the  first  day  of  the  payroll  period  as  continuing  throughout  such  payroll period, and it may omit deductions  from compensation for any period less than a full payroll  period  if  a  teacher  was  not  a contributor on the first day of the payroll period,  and to facilitate the making of deductions, it may modify the  deduction  required  of  any  contributor  by  such  an  amount as shall not exceed  one-tenth of one per centum of the compensation upon the basis of  which  said deduction is to be made.    3.  a.  In  addition  to the deductions from compensation hereinbefore  required, any contributor may redeposit in the annuity savings fund by a  single payment an amount equal to the total  amount  which  he  withdrew  therefrom  as  provided  in this article, or he may deposit therein by a  single payment an amount computed to be sufficient,  together  with  the  retirement  allowance  otherwise  provided  to  provide  for him a total  retirement allowance of  one-half  of  his  final  average  salary  upon  superannuation  retirement,  or  any  member  or  annuitant  may deposit  therein by a single payment an amount permitted so to  be  deposited  by  the  retirement  board for the purpose of purchasing additional annuity,  provided that no such member or annuitant shall be permitted to purchase  a total additional annuity thereby  in  excess  of  one-half  his  final  average  salary; such additional annuity shall afford the usual optional  privileges. Such additional amounts so deposited shall become a part  of  his accumulated contributions.    b.  Notwithstanding  anything  to  the  contrary  in  this article, in  addition to the deposits hereinbefore permitted by this subdivision, any  contributor to this system, who is actually on the payroll of  a  school  district  or  the  state,  may, for the purpose of purchasing additional  annuity, deposit in the annuity savings fund once in any school year  by  a  single  payment  an  amount  not  in excess of four per centum of his  earnable rate of compensation for the school year immediately  preceding  the  date when such payment is made.  Any such amount so deposited shall  be credited with regular interest and, on the  basis  of  said  rate  of  interest,   shall   become  a  part  of  the  contributor's  accumulated  contributions in all respects including  computation  of  benefits  upon  retirement.c.  Any  member by written notice duly acknowledged and filed with the  retirement  board  before  the  first  day  of  July,  nineteen  hundred  sixty-seven or within two years after he last became a member, whichever  is  later,  may  elect  to  contribute  pursuant  to this paragraph c of  subdivision  three  of this section in order to qualify for an increased  pension for total service in excess of  twenty-five  years.  After  such  election  the  rate  of  deduction  from  earnable compensation shall be  increased by two and one-half per centum in the cases  of  teachers  who  last  became  members  on  or before the thirtieth day of June, nineteen  hundred forty-eight and by three per centum in the cases of teachers who  last became members on or after the first day of July, nineteen  hundred  forty-eight  and  such  deductions  shall  be  added  to the accumulated  contributions of each  member.  Where  a  member  elects  to  contribute  pursuant  to this paragraph c of subdivision three of this section, such  additional contributions shall be made  from  the  first  day  of  July,  nineteen  hundred  fifty-seven  or  from  the  first  day  of  the month  following the expiration of thirty days subsequent to the filing of  his  election,  whichever is later, except that if the member is contributing  pursuant to subdivision one  of  section  five  hundred  eleven-a,  such  additional  contributions  pursuant  to  this paragraph c of subdivision  three of this section shall be made from the first day of July following  the completion of twenty-five years of total service. If such a  member,  upon  the  completion  of  twenty-five years of total service, wishes to  forfeit his right to special service retirement under the provisions  of  section  five  hundred  eleven-a,  he  may  cease  making  contributions  pursuant to subdivision one of such section, leave such contributions in  the retirement system and commence making contributions pursuant to this  paragraph c of subdivision three of this section  in  order  to  receive  credit for service rendered after the completion of twenty-five years of  total  service.  If  such  a  member, upon the completion of twenty-five  years of total service wishes to maintain his right to  special  service  retirement,   he  shall  continue  to  make  contributions  pursuant  to  subdivision one of section five hundred  eleven-a  and  commence  making  contributions pursuant to this paragraph c.  Contributions made pursuant  to  this  paragraph c shall cease on the first day of July following the  completion of thirty-five years  of  total  service,  except  that,  any  member  who  has completed more than twenty-five years of service on the  first day of July, nineteen hundred sixty-seven may deposit  in  a  lump  sum  an  amount equivalent to the sum of the contributions he would have  made prior to the first day of July, nineteen hundred  sixty-seven,  had  this  paragraph c become effective as of the date when twenty-five years  of service was completed or as of any date thereafter which  the  member  may elect for the purpose of determining the amount to be so deposited.    d.  Members  of the retirement system who elect to contribute pursuant  to paragraph c of subdivision  three  of  this  section,  shall  receive  credit  for  each  year,  not  in excess of ten, of service in excess of  twenty-five  years  for  which  contributions  were  made  pursuant   to  paragraph c of subdivision three of this section.    4. The accumulated contributions of a contributor returned to him upon  his  withdrawal  or  paid to his estate or designated beneficiary in the  event of his death as provided in this article shall be  paid  from  the  annuity savings fund.    5.  Upon the retirement of a contributor his accumulated contributions  shall be transferred from  the  annuity  savings  fund  to  the  annuity  reserve fund.    6.  The retirement board may adopt rules and regulations providing for  the withdrawal at retirement by members of the accumulated contributions  credited to their individual accounts in the annuity savings fund.  Suchrules  and regulations shall provide that the application for withdrawal  of contributions be filed no earlier than the date the member files  the  application  for  retirement  and  no  later  than the day preceding the  effective  date  of  retirement.  Provided, however, this section has no  application to members subject to article fourteen or article fifteen of  the retirement and social security law.

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 516

§ 516. Annuity  savings fund; contributions and payments.  The annuity  savings fund shall be  the  fund  in  which  shall  be  accumulated  the  deductions made from the compensation of contributors.  Contributions to  and  payments  from  the  annuity  savings  fund  shall  be  made in the  following manner:    1.  Each  employer  shall  deduct  from  the  compensation   of   each  contributor  on  each and every payroll of such contributor for each and  every payroll period subsequent to the date upon which such  contributor  became a member an amount equal to four per centum of such contributor's  earnable  compensation  in the cases of teachers who last became members  on or before the thirtieth day of June, nineteen hundred forty-eight and  five per centum of earnable compensation in the cases  of  teachers  who  last  became members on or after the first day of July, nineteen hundred  forty-eight except if membership is renewed upon restoration  to  active  service  after  retirement  for  disability,  regular  interest shall be  credited at the rate allowed to the member at the  time  his  retirement  for  disability  last  became  effective. But no employer shall make any  deduction for annuity purposes from the compensation of a member who has  completed at least thirty-five  years  of  total  service,  or  who  has  attained  the  age  of sixty and completed at least twenty-five years of  total state service, if such member elects not to contribute.    2. In determining the amount earnable by a contributor  in  a  payroll  period,  the  retirement  board  may  consider  the rate of compensation  payable to such member on  the  first  day  of  the  payroll  period  as  continuing  throughout  such  payroll period, and it may omit deductions  from compensation for any period less than a full payroll  period  if  a  teacher  was  not  a contributor on the first day of the payroll period,  and to facilitate the making of deductions, it may modify the  deduction  required  of  any  contributor  by  such  an  amount as shall not exceed  one-tenth of one per centum of the compensation upon the basis of  which  said deduction is to be made.    3.  a.  In  addition  to the deductions from compensation hereinbefore  required, any contributor may redeposit in the annuity savings fund by a  single payment an amount equal to the total  amount  which  he  withdrew  therefrom  as  provided  in this article, or he may deposit therein by a  single payment an amount computed to be sufficient,  together  with  the  retirement  allowance  otherwise  provided  to  provide  for him a total  retirement allowance of  one-half  of  his  final  average  salary  upon  superannuation  retirement,  or  any  member  or  annuitant  may deposit  therein by a single payment an amount permitted so to  be  deposited  by  the  retirement  board for the purpose of purchasing additional annuity,  provided that no such member or annuitant shall be permitted to purchase  a total additional annuity thereby  in  excess  of  one-half  his  final  average  salary; such additional annuity shall afford the usual optional  privileges. Such additional amounts so deposited shall become a part  of  his accumulated contributions.    b.  Notwithstanding  anything  to  the  contrary  in  this article, in  addition to the deposits hereinbefore permitted by this subdivision, any  contributor to this system, who is actually on the payroll of  a  school  district  or  the  state,  may, for the purpose of purchasing additional  annuity, deposit in the annuity savings fund once in any school year  by  a  single  payment  an  amount  not  in excess of four per centum of his  earnable rate of compensation for the school year immediately  preceding  the  date when such payment is made.  Any such amount so deposited shall  be credited with regular interest and, on the  basis  of  said  rate  of  interest,   shall   become  a  part  of  the  contributor's  accumulated  contributions in all respects including  computation  of  benefits  upon  retirement.c.  Any  member by written notice duly acknowledged and filed with the  retirement  board  before  the  first  day  of  July,  nineteen  hundred  sixty-seven or within two years after he last became a member, whichever  is  later,  may  elect  to  contribute  pursuant  to this paragraph c of  subdivision  three  of this section in order to qualify for an increased  pension for total service in excess of  twenty-five  years.  After  such  election  the  rate  of  deduction  from  earnable compensation shall be  increased by two and one-half per centum in the cases  of  teachers  who  last  became  members  on  or before the thirtieth day of June, nineteen  hundred forty-eight and by three per centum in the cases of teachers who  last became members on or after the first day of July, nineteen  hundred  forty-eight  and  such  deductions  shall  be  added  to the accumulated  contributions of each  member.  Where  a  member  elects  to  contribute  pursuant  to this paragraph c of subdivision three of this section, such  additional contributions shall be made  from  the  first  day  of  July,  nineteen  hundred  fifty-seven  or  from  the  first  day  of  the month  following the expiration of thirty days subsequent to the filing of  his  election,  whichever is later, except that if the member is contributing  pursuant to subdivision one  of  section  five  hundred  eleven-a,  such  additional  contributions  pursuant  to  this paragraph c of subdivision  three of this section shall be made from the first day of July following  the completion of twenty-five years of total service. If such a  member,  upon  the  completion  of  twenty-five years of total service, wishes to  forfeit his right to special service retirement under the provisions  of  section  five  hundred  eleven-a,  he  may  cease  making  contributions  pursuant to subdivision one of such section, leave such contributions in  the retirement system and commence making contributions pursuant to this  paragraph c of subdivision three of this section  in  order  to  receive  credit for service rendered after the completion of twenty-five years of  total  service.  If  such  a  member, upon the completion of twenty-five  years of total service wishes to maintain his right to  special  service  retirement,   he  shall  continue  to  make  contributions  pursuant  to  subdivision one of section five hundred  eleven-a  and  commence  making  contributions pursuant to this paragraph c.  Contributions made pursuant  to  this  paragraph c shall cease on the first day of July following the  completion of thirty-five years  of  total  service,  except  that,  any  member  who  has completed more than twenty-five years of service on the  first day of July, nineteen hundred sixty-seven may deposit  in  a  lump  sum  an  amount equivalent to the sum of the contributions he would have  made prior to the first day of July, nineteen hundred  sixty-seven,  had  this  paragraph c become effective as of the date when twenty-five years  of service was completed or as of any date thereafter which  the  member  may elect for the purpose of determining the amount to be so deposited.    d.  Members  of the retirement system who elect to contribute pursuant  to paragraph c of subdivision  three  of  this  section,  shall  receive  credit  for  each  year,  not  in excess of ten, of service in excess of  twenty-five  years  for  which  contributions  were  made  pursuant   to  paragraph c of subdivision three of this section.    4. The accumulated contributions of a contributor returned to him upon  his  withdrawal  or  paid to his estate or designated beneficiary in the  event of his death as provided in this article shall be  paid  from  the  annuity savings fund.    5.  Upon the retirement of a contributor his accumulated contributions  shall be transferred from  the  annuity  savings  fund  to  the  annuity  reserve fund.    6.  The retirement board may adopt rules and regulations providing for  the withdrawal at retirement by members of the accumulated contributions  credited to their individual accounts in the annuity savings fund.  Suchrules  and regulations shall provide that the application for withdrawal  of contributions be filed no earlier than the date the member files  the  application  for  retirement  and  no  later  than the day preceding the  effective  date  of  retirement.  Provided, however, this section has no  application to members subject to article fourteen or article fifteen of  the retirement and social security law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 516

§ 516. Annuity  savings fund; contributions and payments.  The annuity  savings fund shall be  the  fund  in  which  shall  be  accumulated  the  deductions made from the compensation of contributors.  Contributions to  and  payments  from  the  annuity  savings  fund  shall  be  made in the  following manner:    1.  Each  employer  shall  deduct  from  the  compensation   of   each  contributor  on  each and every payroll of such contributor for each and  every payroll period subsequent to the date upon which such  contributor  became a member an amount equal to four per centum of such contributor's  earnable  compensation  in the cases of teachers who last became members  on or before the thirtieth day of June, nineteen hundred forty-eight and  five per centum of earnable compensation in the cases  of  teachers  who  last  became members on or after the first day of July, nineteen hundred  forty-eight except if membership is renewed upon restoration  to  active  service  after  retirement  for  disability,  regular  interest shall be  credited at the rate allowed to the member at the  time  his  retirement  for  disability  last  became  effective. But no employer shall make any  deduction for annuity purposes from the compensation of a member who has  completed at least thirty-five  years  of  total  service,  or  who  has  attained  the  age  of sixty and completed at least twenty-five years of  total state service, if such member elects not to contribute.    2. In determining the amount earnable by a contributor  in  a  payroll  period,  the  retirement  board  may  consider  the rate of compensation  payable to such member on  the  first  day  of  the  payroll  period  as  continuing  throughout  such  payroll period, and it may omit deductions  from compensation for any period less than a full payroll  period  if  a  teacher  was  not  a contributor on the first day of the payroll period,  and to facilitate the making of deductions, it may modify the  deduction  required  of  any  contributor  by  such  an  amount as shall not exceed  one-tenth of one per centum of the compensation upon the basis of  which  said deduction is to be made.    3.  a.  In  addition  to the deductions from compensation hereinbefore  required, any contributor may redeposit in the annuity savings fund by a  single payment an amount equal to the total  amount  which  he  withdrew  therefrom  as  provided  in this article, or he may deposit therein by a  single payment an amount computed to be sufficient,  together  with  the  retirement  allowance  otherwise  provided  to  provide  for him a total  retirement allowance of  one-half  of  his  final  average  salary  upon  superannuation  retirement,  or  any  member  or  annuitant  may deposit  therein by a single payment an amount permitted so to  be  deposited  by  the  retirement  board for the purpose of purchasing additional annuity,  provided that no such member or annuitant shall be permitted to purchase  a total additional annuity thereby  in  excess  of  one-half  his  final  average  salary; such additional annuity shall afford the usual optional  privileges. Such additional amounts so deposited shall become a part  of  his accumulated contributions.    b.  Notwithstanding  anything  to  the  contrary  in  this article, in  addition to the deposits hereinbefore permitted by this subdivision, any  contributor to this system, who is actually on the payroll of  a  school  district  or  the  state,  may, for the purpose of purchasing additional  annuity, deposit in the annuity savings fund once in any school year  by  a  single  payment  an  amount  not  in excess of four per centum of his  earnable rate of compensation for the school year immediately  preceding  the  date when such payment is made.  Any such amount so deposited shall  be credited with regular interest and, on the  basis  of  said  rate  of  interest,   shall   become  a  part  of  the  contributor's  accumulated  contributions in all respects including  computation  of  benefits  upon  retirement.c.  Any  member by written notice duly acknowledged and filed with the  retirement  board  before  the  first  day  of  July,  nineteen  hundred  sixty-seven or within two years after he last became a member, whichever  is  later,  may  elect  to  contribute  pursuant  to this paragraph c of  subdivision  three  of this section in order to qualify for an increased  pension for total service in excess of  twenty-five  years.  After  such  election  the  rate  of  deduction  from  earnable compensation shall be  increased by two and one-half per centum in the cases  of  teachers  who  last  became  members  on  or before the thirtieth day of June, nineteen  hundred forty-eight and by three per centum in the cases of teachers who  last became members on or after the first day of July, nineteen  hundred  forty-eight  and  such  deductions  shall  be  added  to the accumulated  contributions of each  member.  Where  a  member  elects  to  contribute  pursuant  to this paragraph c of subdivision three of this section, such  additional contributions shall be made  from  the  first  day  of  July,  nineteen  hundred  fifty-seven  or  from  the  first  day  of  the month  following the expiration of thirty days subsequent to the filing of  his  election,  whichever is later, except that if the member is contributing  pursuant to subdivision one  of  section  five  hundred  eleven-a,  such  additional  contributions  pursuant  to  this paragraph c of subdivision  three of this section shall be made from the first day of July following  the completion of twenty-five years of total service. If such a  member,  upon  the  completion  of  twenty-five years of total service, wishes to  forfeit his right to special service retirement under the provisions  of  section  five  hundred  eleven-a,  he  may  cease  making  contributions  pursuant to subdivision one of such section, leave such contributions in  the retirement system and commence making contributions pursuant to this  paragraph c of subdivision three of this section  in  order  to  receive  credit for service rendered after the completion of twenty-five years of  total  service.  If  such  a  member, upon the completion of twenty-five  years of total service wishes to maintain his right to  special  service  retirement,   he  shall  continue  to  make  contributions  pursuant  to  subdivision one of section five hundred  eleven-a  and  commence  making  contributions pursuant to this paragraph c.  Contributions made pursuant  to  this  paragraph c shall cease on the first day of July following the  completion of thirty-five years  of  total  service,  except  that,  any  member  who  has completed more than twenty-five years of service on the  first day of July, nineteen hundred sixty-seven may deposit  in  a  lump  sum  an  amount equivalent to the sum of the contributions he would have  made prior to the first day of July, nineteen hundred  sixty-seven,  had  this  paragraph c become effective as of the date when twenty-five years  of service was completed or as of any date thereafter which  the  member  may elect for the purpose of determining the amount to be so deposited.    d.  Members  of the retirement system who elect to contribute pursuant  to paragraph c of subdivision  three  of  this  section,  shall  receive  credit  for  each  year,  not  in excess of ten, of service in excess of  twenty-five  years  for  which  contributions  were  made  pursuant   to  paragraph c of subdivision three of this section.    4. The accumulated contributions of a contributor returned to him upon  his  withdrawal  or  paid to his estate or designated beneficiary in the  event of his death as provided in this article shall be  paid  from  the  annuity savings fund.    5.  Upon the retirement of a contributor his accumulated contributions  shall be transferred from  the  annuity  savings  fund  to  the  annuity  reserve fund.    6.  The retirement board may adopt rules and regulations providing for  the withdrawal at retirement by members of the accumulated contributions  credited to their individual accounts in the annuity savings fund.  Suchrules  and regulations shall provide that the application for withdrawal  of contributions be filed no earlier than the date the member files  the  application  for  retirement  and  no  later  than the day preceding the  effective  date  of  retirement.  Provided, however, this section has no  application to members subject to article fourteen or article fifteen of  the retirement and social security law.