State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 528

§ 528. Pensions-providing-for-increased-take-home-pay. 1.  Notwithstanding any other provision of law to the contrary,    a. beginning with the payroll period the first day of which is nearest  to  April  first,  nineteen  hundred  sixty, and ending with the payroll  period immediately prior to that the first day of which  is  nearest  to  April  first,  nineteen hundred seventy, the contribution of each member  of the retirement system who is  a  teacher  within  the  provisions  of  subdivision  four  of  section  five  hundred one of this article in the  employ of the state of New York shall be reduced by five per  centum  of  the compensation paid such member, and    b. beginning with the payroll period the first day of which is nearest  to April first, nineteen hundred sixty-four, and ending with the payroll  period  immediately  prior  to that the first day of which is nearest to  April first, nineteen hundred seventy, the contribution of  each  member  of  the  retirement  system  who  is  a teacher within the provisions of  subdivision four of section five hundred one  of  this  article  in  the  employ  of the state of New York shall be reduced by an additional three  per centum of the compensation paid such member, and    c. beginning with the payroll period the first day of which is nearest  to April first, nineteen hundred sixty-six, and ending with the  payroll  period  immediately  prior  to that the first day of which is nearest to  April first, nineteen hundred seventy, the contribution of  each  member  of  the  retirement  system  who  is  a teacher within the provisions of  subdivision four of section five hundred one  of  this  article  in  the  employ  of the state of New York whose rate of contribution is in excess  of eight per centum shall be suspended.    Where a member's rate of contribution is less than the per  centum  by  which  his  contribution  is reduced, such rate shall be discontinued. A  member whose rate of contribution  shall  be  reduced  pursuant  to  the  provisions  of  this subdivision shall be deemed to have elected to have  his rate so  reduced  unless  he  files  an  election  pursuant  to  the  provisions of subdivision two of this section.    2.  Any  member  whose rate of contribution is reduced pursuant to the  provisions of subdivision one of this section may by a  written  notice,  duly  acknowledged  and  filed with the retirement board within one year  after such reduction or within one year after he last became  a  member,  whichever is later, elect to make an additional contribution in addition  to  other  contributions  otherwise allowed in this article equal to the  amount of such reduction. One year or more  after  the  filing  of  such  notice  a  member  may withdraw such election by filing a written notice  duly acknowledged and filed with the retirement board.    3. For the period of time as the provisions of this section  shall  be  in  effect,  contributions  for  each member of the system whose rate of  contribution is reduced by virtue of the provisions of  subdivision  one  of  this  section  shall be made to the pension accumulation fund by the  state of New York in the same manner and  at  the  same  time  as  other  contributions made by the state as employer of members of the retirement  system  at  a  rate  fixed  by the actuary which shall be computed to be  sufficient to provide pensions-providing-for-increased-take-home-pay and  other benefits which become payable on account of members in the  employ  of  the state. The actuary engaged by the retirement board shall compute  an additional contribution  to  be  known  as  the  "special  deficiency  contribution  to  provide  a  reserve-for-increased-take-home-pay."  The  amount of the reserve-for-increased-take-home-pay shall be  the  present  value  of  that  per  centum  of  the member's compensation by which his  contribution is reduced, or would otherwise be reduced if  his  rate  of  contribution equaled or exceeded eight per centum, during the period for  which  his  rate  of contribution was reduced as provided in subdivisionone, plus regular and additional  interest  thereon  to  the  date  that  pension and other benefits become payable.    4.  Upon  retirement  a  member  whose  rate  of contribution shall be  reduced pursuant to the provisions of subdivision one  of  this  section  will  receive,  in  addition  to  the annuity and other pension benefits  provided by this article, a pension which is the actuarial equivalent of  the reserve-for-increased-take-home-pay to which he may be entitled,  if  any.    5.  In  addition  to  the  return of accumulated contributions and the  death benefit provided by the provisions of section five hundred  twelve  of  this  article,  upon  the  death  of  a  member  who died before the  effective date of his retirement and  was  in  service  upon  which  his  membership  was based when he died or was on the payroll in such service  and paid within a period of twelve months prior to his death and had not  been otherwise gainfully employed since he ceased to be on such payroll,  and provided further, he had credit for one or  more  years  of  service  while  actually  a  member, then the reserve-for-increased-take-home-pay  attributable to such member shall be paid in the same manner and at  the  same  time  as  the  death  benefit  is  paid by reason of such member's  membership in the retirement system.    6. The reserve-for-increased-take-home-pay shall be a portion  of  the  pension  accumulation  fund  and upon the retirement of a new entrant an  amount equal to the reserve-for-increased-take-home-pay for such  member  shall  be  transferred from the pension accumulation fund to the pension  reserve fund.    7. If a person  has  been  a  member  of  the  retirement  system  and  contributions  have  been made by the state as his employer to provide a  reserve-for-increased-take-home-pay and such person has ceased to  be  a  member  of  the  system  and upon rejoining the retirement system claims  credit for such period, the member shall not be required to pay for such  years of service as a contribution shall have been made by the state for  pensions-providing-for-increased-take-home-pay    pursuant    to     the  provisions of this section.    8.  Commencing  with  the  payroll  period  the  first day of which is  nearest to April first, nineteen hundred sixty-one,  the  provisions  of  this  section  shall  not  apply to any member for any period or periods  during which he ceases or  has  ceased  contributing  toward  retirement  pursuant  to  subdivision  one  of  section five hundred sixteen of this  article, provided,  however,  that  such  member  shall  receive  credit  pursuant  to  this  section  for  such  period  or  periods for which he  contributes or has contributed toward retirement.

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 528

§ 528. Pensions-providing-for-increased-take-home-pay. 1.  Notwithstanding any other provision of law to the contrary,    a. beginning with the payroll period the first day of which is nearest  to  April  first,  nineteen  hundred  sixty, and ending with the payroll  period immediately prior to that the first day of which  is  nearest  to  April  first,  nineteen hundred seventy, the contribution of each member  of the retirement system who is  a  teacher  within  the  provisions  of  subdivision  four  of  section  five  hundred one of this article in the  employ of the state of New York shall be reduced by five per  centum  of  the compensation paid such member, and    b. beginning with the payroll period the first day of which is nearest  to April first, nineteen hundred sixty-four, and ending with the payroll  period  immediately  prior  to that the first day of which is nearest to  April first, nineteen hundred seventy, the contribution of  each  member  of  the  retirement  system  who  is  a teacher within the provisions of  subdivision four of section five hundred one  of  this  article  in  the  employ  of the state of New York shall be reduced by an additional three  per centum of the compensation paid such member, and    c. beginning with the payroll period the first day of which is nearest  to April first, nineteen hundred sixty-six, and ending with the  payroll  period  immediately  prior  to that the first day of which is nearest to  April first, nineteen hundred seventy, the contribution of  each  member  of  the  retirement  system  who  is  a teacher within the provisions of  subdivision four of section five hundred one  of  this  article  in  the  employ  of the state of New York whose rate of contribution is in excess  of eight per centum shall be suspended.    Where a member's rate of contribution is less than the per  centum  by  which  his  contribution  is reduced, such rate shall be discontinued. A  member whose rate of contribution  shall  be  reduced  pursuant  to  the  provisions  of  this subdivision shall be deemed to have elected to have  his rate so  reduced  unless  he  files  an  election  pursuant  to  the  provisions of subdivision two of this section.    2.  Any  member  whose rate of contribution is reduced pursuant to the  provisions of subdivision one of this section may by a  written  notice,  duly  acknowledged  and  filed with the retirement board within one year  after such reduction or within one year after he last became  a  member,  whichever is later, elect to make an additional contribution in addition  to  other  contributions  otherwise allowed in this article equal to the  amount of such reduction. One year or more  after  the  filing  of  such  notice  a  member  may withdraw such election by filing a written notice  duly acknowledged and filed with the retirement board.    3. For the period of time as the provisions of this section  shall  be  in  effect,  contributions  for  each member of the system whose rate of  contribution is reduced by virtue of the provisions of  subdivision  one  of  this  section  shall be made to the pension accumulation fund by the  state of New York in the same manner and  at  the  same  time  as  other  contributions made by the state as employer of members of the retirement  system  at  a  rate  fixed  by the actuary which shall be computed to be  sufficient to provide pensions-providing-for-increased-take-home-pay and  other benefits which become payable on account of members in the  employ  of  the state. The actuary engaged by the retirement board shall compute  an additional contribution  to  be  known  as  the  "special  deficiency  contribution  to  provide  a  reserve-for-increased-take-home-pay."  The  amount of the reserve-for-increased-take-home-pay shall be  the  present  value  of  that  per  centum  of  the member's compensation by which his  contribution is reduced, or would otherwise be reduced if  his  rate  of  contribution equaled or exceeded eight per centum, during the period for  which  his  rate  of contribution was reduced as provided in subdivisionone, plus regular and additional  interest  thereon  to  the  date  that  pension and other benefits become payable.    4.  Upon  retirement  a  member  whose  rate  of contribution shall be  reduced pursuant to the provisions of subdivision one  of  this  section  will  receive,  in  addition  to  the annuity and other pension benefits  provided by this article, a pension which is the actuarial equivalent of  the reserve-for-increased-take-home-pay to which he may be entitled,  if  any.    5.  In  addition  to  the  return of accumulated contributions and the  death benefit provided by the provisions of section five hundred  twelve  of  this  article,  upon  the  death  of  a  member  who died before the  effective date of his retirement and  was  in  service  upon  which  his  membership  was based when he died or was on the payroll in such service  and paid within a period of twelve months prior to his death and had not  been otherwise gainfully employed since he ceased to be on such payroll,  and provided further, he had credit for one or  more  years  of  service  while  actually  a  member, then the reserve-for-increased-take-home-pay  attributable to such member shall be paid in the same manner and at  the  same  time  as  the  death  benefit  is  paid by reason of such member's  membership in the retirement system.    6. The reserve-for-increased-take-home-pay shall be a portion  of  the  pension  accumulation  fund  and upon the retirement of a new entrant an  amount equal to the reserve-for-increased-take-home-pay for such  member  shall  be  transferred from the pension accumulation fund to the pension  reserve fund.    7. If a person  has  been  a  member  of  the  retirement  system  and  contributions  have  been made by the state as his employer to provide a  reserve-for-increased-take-home-pay and such person has ceased to  be  a  member  of  the  system  and upon rejoining the retirement system claims  credit for such period, the member shall not be required to pay for such  years of service as a contribution shall have been made by the state for  pensions-providing-for-increased-take-home-pay    pursuant    to     the  provisions of this section.    8.  Commencing  with  the  payroll  period  the  first day of which is  nearest to April first, nineteen hundred sixty-one,  the  provisions  of  this  section  shall  not  apply to any member for any period or periods  during which he ceases or  has  ceased  contributing  toward  retirement  pursuant  to  subdivision  one  of  section five hundred sixteen of this  article, provided,  however,  that  such  member  shall  receive  credit  pursuant  to  this  section  for  such  period  or  periods for which he  contributes or has contributed toward retirement.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 528

§ 528. Pensions-providing-for-increased-take-home-pay. 1.  Notwithstanding any other provision of law to the contrary,    a. beginning with the payroll period the first day of which is nearest  to  April  first,  nineteen  hundred  sixty, and ending with the payroll  period immediately prior to that the first day of which  is  nearest  to  April  first,  nineteen hundred seventy, the contribution of each member  of the retirement system who is  a  teacher  within  the  provisions  of  subdivision  four  of  section  five  hundred one of this article in the  employ of the state of New York shall be reduced by five per  centum  of  the compensation paid such member, and    b. beginning with the payroll period the first day of which is nearest  to April first, nineteen hundred sixty-four, and ending with the payroll  period  immediately  prior  to that the first day of which is nearest to  April first, nineteen hundred seventy, the contribution of  each  member  of  the  retirement  system  who  is  a teacher within the provisions of  subdivision four of section five hundred one  of  this  article  in  the  employ  of the state of New York shall be reduced by an additional three  per centum of the compensation paid such member, and    c. beginning with the payroll period the first day of which is nearest  to April first, nineteen hundred sixty-six, and ending with the  payroll  period  immediately  prior  to that the first day of which is nearest to  April first, nineteen hundred seventy, the contribution of  each  member  of  the  retirement  system  who  is  a teacher within the provisions of  subdivision four of section five hundred one  of  this  article  in  the  employ  of the state of New York whose rate of contribution is in excess  of eight per centum shall be suspended.    Where a member's rate of contribution is less than the per  centum  by  which  his  contribution  is reduced, such rate shall be discontinued. A  member whose rate of contribution  shall  be  reduced  pursuant  to  the  provisions  of  this subdivision shall be deemed to have elected to have  his rate so  reduced  unless  he  files  an  election  pursuant  to  the  provisions of subdivision two of this section.    2.  Any  member  whose rate of contribution is reduced pursuant to the  provisions of subdivision one of this section may by a  written  notice,  duly  acknowledged  and  filed with the retirement board within one year  after such reduction or within one year after he last became  a  member,  whichever is later, elect to make an additional contribution in addition  to  other  contributions  otherwise allowed in this article equal to the  amount of such reduction. One year or more  after  the  filing  of  such  notice  a  member  may withdraw such election by filing a written notice  duly acknowledged and filed with the retirement board.    3. For the period of time as the provisions of this section  shall  be  in  effect,  contributions  for  each member of the system whose rate of  contribution is reduced by virtue of the provisions of  subdivision  one  of  this  section  shall be made to the pension accumulation fund by the  state of New York in the same manner and  at  the  same  time  as  other  contributions made by the state as employer of members of the retirement  system  at  a  rate  fixed  by the actuary which shall be computed to be  sufficient to provide pensions-providing-for-increased-take-home-pay and  other benefits which become payable on account of members in the  employ  of  the state. The actuary engaged by the retirement board shall compute  an additional contribution  to  be  known  as  the  "special  deficiency  contribution  to  provide  a  reserve-for-increased-take-home-pay."  The  amount of the reserve-for-increased-take-home-pay shall be  the  present  value  of  that  per  centum  of  the member's compensation by which his  contribution is reduced, or would otherwise be reduced if  his  rate  of  contribution equaled or exceeded eight per centum, during the period for  which  his  rate  of contribution was reduced as provided in subdivisionone, plus regular and additional  interest  thereon  to  the  date  that  pension and other benefits become payable.    4.  Upon  retirement  a  member  whose  rate  of contribution shall be  reduced pursuant to the provisions of subdivision one  of  this  section  will  receive,  in  addition  to  the annuity and other pension benefits  provided by this article, a pension which is the actuarial equivalent of  the reserve-for-increased-take-home-pay to which he may be entitled,  if  any.    5.  In  addition  to  the  return of accumulated contributions and the  death benefit provided by the provisions of section five hundred  twelve  of  this  article,  upon  the  death  of  a  member  who died before the  effective date of his retirement and  was  in  service  upon  which  his  membership  was based when he died or was on the payroll in such service  and paid within a period of twelve months prior to his death and had not  been otherwise gainfully employed since he ceased to be on such payroll,  and provided further, he had credit for one or  more  years  of  service  while  actually  a  member, then the reserve-for-increased-take-home-pay  attributable to such member shall be paid in the same manner and at  the  same  time  as  the  death  benefit  is  paid by reason of such member's  membership in the retirement system.    6. The reserve-for-increased-take-home-pay shall be a portion  of  the  pension  accumulation  fund  and upon the retirement of a new entrant an  amount equal to the reserve-for-increased-take-home-pay for such  member  shall  be  transferred from the pension accumulation fund to the pension  reserve fund.    7. If a person  has  been  a  member  of  the  retirement  system  and  contributions  have  been made by the state as his employer to provide a  reserve-for-increased-take-home-pay and such person has ceased to  be  a  member  of  the  system  and upon rejoining the retirement system claims  credit for such period, the member shall not be required to pay for such  years of service as a contribution shall have been made by the state for  pensions-providing-for-increased-take-home-pay    pursuant    to     the  provisions of this section.    8.  Commencing  with  the  payroll  period  the  first day of which is  nearest to April first, nineteen hundred sixty-one,  the  provisions  of  this  section  shall  not  apply to any member for any period or periods  during which he ceases or  has  ceased  contributing  toward  retirement  pursuant  to  subdivision  one  of  section five hundred sixteen of this  article, provided,  however,  that  such  member  shall  receive  credit  pursuant  to  this  section  for  such  period  or  periods for which he  contributes or has contributed toward retirement.