(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
who is employed by a community college subject to the provisions of this
article which is operated in the city of New York, contributions at the
rate of three percentum of his or her salary shall be deducted as the
employee contribution by the appropriate fiscal officer with respect to
such community college.
(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 state 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 state 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 state 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:
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;
(ii) 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;
(iii) 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;
(iv) 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
(v) 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 State University 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.
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 for employees of the state
university and by the appropriate fiscal officer for employees of an
electing employer.
4. In the case of an electing employee initially appointed on or after
July first, nineteen hundred sixty-four, no contributions pursuant to
subdivisions one and two of this section shall be made by the state or
by the electing employer 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 or by the appropriate fiscal officer of an electing
employer. 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 by the state, upon audit and warrant of the
comptroller, and by the appropriate fiscal officer for an electing
employer, 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 state university or with a community
college 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 other than an employee appointed for a
specified period of less than three months 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.