19-A - Employer contributions for the two thousand ten - two thousand eleven fiscal year and subsequent fiscal years.

§ 19-a. Employer contributions for the two thousand ten - two thousand  eleven  fiscal  year  and subsequent fiscal years. a. In addition to the  definitions in section two of this article, when used in this section:    (1) "Amortizing employer"  shall  mean  an  employer  that  elects  to  amortize  a  portion of the employer's annual bill pursuant to paragraph  one of subdivision d of this section for the  two  thousand  ten  -  two  thousand  eleven  fiscal year, or any subsequent fiscal year, regardless  of whether the employer has subsequently paid in full all such amortized  amounts.    (2) "Amount eligible for amortization" for a given fiscal  year  shall  mean  the  amount by which an employer's actuarial contribution for such  fiscal year exceeds the employer's  graded  contribution  for  the  same  fiscal year, less any amount from the employer contribution reserve fund  applied  to  reduce  the employer's payment to the retirement system for  the fiscal year, provided,  however,  that  if  the  employer's  average  actuarial  contribution  rate  for the fiscal year is less than nine and  one-half percent, then the amount eligible  for  amortization  shall  be  zero.    (3)  "Employer's actuarial contribution" for a given fiscal year shall  mean an employer's  annual  bill  for  such  fiscal  year  exclusive  of  deficiency  contributions  and  payments  on  account of group term life  insurance, adjustments relating  to  prior  fiscal  years'  obligations,  retirement incentives and prior amortizations.    (4)  "Employer's  annual  bill" shall mean for a given fiscal year the  sum of the following amounts: (i) an employer's normal contributions for  the  fiscal  year  determined  in  accordance  with  paragraph  one   of  subdivision   b   of  section  twenty-three  of  this  article  and  the  comprehensive  structural  reform  program   implemented   pursuant   to  subdivision  b  of section twenty-three-a of this article, including the  provisions of subdivision b of section twenty-three-a  of  this  article  relating  to  the  required  minimum  annual  contribution  of  four and  one-half percent of pensionable salaries; (ii) the employer's deficiency  contributions and  administration  contributions  for  the  fiscal  year  determined  in accordance with paragraphs two and three of subdivision b  of section twenty-three of this article; and (iii) any payments  by  the  employer due in the fiscal year on account of group term life insurance,  adjustments  relating  to  prior  fiscal  years' obligations, retirement  incentives and prior amortizations.    (5) "Employer's average  actuarial  contribution  rate"  for  a  given  fiscal  year  shall  mean  an employer's actuarial contribution for such  fiscal year divided by the employer's projected  payroll  for  the  same  fiscal year.    (6)  "Employer  contribution  reserve  fund"  or "fund" shall mean the  employer contribution reserve fund established pursuant to subdivision e  of this section.    (7) "Employer's graded contribution" for a  given  fiscal  year  shall  mean  the  amount  determined by applying the system graded contribution  rate for such fiscal year to an employer's  projected  payroll  for  the  same fiscal year.    (8) "Employer's graded payment" for a given fiscal year shall mean the  amount  by  which an employer's graded contribution for such fiscal year  exceeds the employer's actuarial contribution for the same fiscal year.    (9) "Prior amortization" shall mean with respect  to  a  given  fiscal  year  any  payment  due  in such fiscal year on account of an obligation  from a prior fiscal year that an employer is permitted  to  pay  to  the  retirement system on an amortized basis.    (10)  "System  average actuarial contribution rate" for a given fiscal  year shall mean the sum of all employers'  actuarial  contributions  forsuch  fiscal year divided by the sum of all employers' projected payroll  for the same fiscal year.    (11)  "System  graded contribution rate" for a given fiscal year shall  mean the graded contribution rate for the retirement system as  a  whole  determined  for  such  fiscal  year  pursuant  to  subdivision c of this  section.    b. Notwithstanding the provisions of this chapter or any other law  to  the  contrary,  the  comptroller,  in  his or her discretion, shall have  authority to implement  this  section.  If  the  comptroller  elects  to  implement  this  section,  the provisions of this section shall apply to  the payment of employer contributions for the fiscal year commencing  on  April first, two thousand ten, and for subsequent fiscal years.    c. For each fiscal year to which the provisions of this section apply,  the  comptroller  shall  determine  a  graded  contribution rate for the  retirement system as a whole in the manner provided in this subdivision.    (1) For the two thousand ten - two thousand  eleven  fiscal  year  the  system graded contribution rate shall be nine and one-half percent.    (2) For the two thousand eleven - two thousand twelve fiscal year, and  subsequent  fiscal  years,  system  graded  contribution  rates shall be  determined as follows:    (i) if the system average actuarial  contribution  rate  for  a  given  fiscal year is at least nine and one-half percent and exceeds the system  graded  contribution  rate  for the immediately preceding fiscal year by  more than one percentage point, then the system graded contribution rate  for the given fiscal year shall equal  the  system  graded  contribution  rate  for  the  immediately  preceding  fiscal  year plus one percentage  point, provided, however, that in  no  event  shall  the  system  graded  contribution rate be less than nine and one-half percent;    (ii)  if  the  system  average actuarial contribution rate for a given  fiscal year is at least nine and one-half percent and either equals  the  system  graded  contribution  rate  for the immediately preceding fiscal  year or exceeds the system graded contribution rate for the  immediately  preceding  fiscal  year by one percentage point or less, then the system  graded contribution rate for the  given  fiscal  year  shall  equal  the  system  average  actuarial  contribution  rate  for  such  fiscal  year,  provided, however, that in no event shall the system graded contribution  rate be less than nine and one-half percent;    (iii) if the system average actuarial contribution rate  for  a  given  fiscal  year is less than nine and one-half percent and greater than the  system graded contribution rate for  the  immediately  preceding  fiscal  year, then the system graded contribution rate for the given fiscal year  shall equal the system actuarial contribution rate for such fiscal year;    (iv)  if  the  system  average actuarial contribution rate for a given  fiscal year is smaller than the system graded contribution rate for  the  immediately  preceding  fiscal  year  by more than one percentage point,  then the system graded contribution rate for the given fiscal year shall  equal the system graded contribution rate for the immediately  preceding  fiscal year minus one percentage point; and    (v)  if  the  system  average  actuarial contribution rate for a given  fiscal year either equals the system graded contribution  rate  for  the  immediately  preceding  fiscal year or is smaller than the system graded  contribution rate for the  immediately  preceding  fiscal  year  by  one  percentage  point  or less, then the system graded contribution rate for  the given fiscal year shall equal the system actuarial contribution rate  for such fiscal year.    d. (1) For any given fiscal  year  for  which  an  employer's  average  actuarial contribution rate exceeds the system graded contribution rate,  the  employer  shall pay to the retirement system an amount equal to theemployer's annual bill for such year or, in lieu of  paying  the  entire  annual  bill,  the  employer  may  pay an amount equal to the employer's  annual bill less all or a portion of the employer's amount eligible  for  amortization  for  the fiscal year. If in accordance with this paragraph  the employer's payment to the retirement system is less than the  entire  amount  of  the  employer's annual bill, then the difference between the  employer's annual bill, and the amount actually paid by the employer  to  the  retirement  system  exclusive  of  any  amount  from  the  employer  contribution reserve fund applied  to  reduce  the  employer's  payment,  shall  be the amount amortized for the fiscal year. The amount amortized  for the fiscal year shall be paid to  the  retirement  system  in  equal  annual  installments over a ten-year period, with interest on the unpaid  balance at a rate determined by the  comptroller  which  approximates  a  market  rate  of  return  on  taxable fixed rate securities with similar  terms issued by comparable issuers, and with the first  installment  due  in the immediately succeeding fiscal year.    (2) For any given fiscal year for which the system graded contribution  rate  equals  or  exceeds  an  amortizing  employer's  average actuarial  contribution rate, the amortizing employer shall pay to  the  retirement  system  an amount equal to the employer's annual bill for such year plus  the employer's graded payment for the fiscal year.    (i) If the amortizing employer's annual bill for the fiscal year  does  not  include  an  amount  attributable to a prior amortization, then the  employer's graded payment shall be paid into the  employer  contribution  reserve  fund provided for in subdivision e of this section and credited  to an account within such fund established for the employer.    (ii) If the amortizing employer's annual  bill  for  the  fiscal  year  includes  an amount attributable to a prior amortization, the employer's  graded payment shall be used  first  to  eliminate  the  amount  of  the  employer's  unpaid  prior  amortization  balances in chronological order  starting with the oldest prior amortization balance. When in any  fiscal  year  the  employer's graded payment eliminates all balances owed on the  employer's prior amortizations, any remaining portion of the  employer's  graded  payment  for such fiscal year, and the employer's graded payment  in any subsequent fiscal year in which the amortizing  employer  has  no  unpaid prior amortizations, shall be paid into the employer contribution  reserve  fund provided for in subdivision e of this section and credited  to an account within such fund established for the employer.    (3) Nothing in this subdivision shall be construed as  prohibiting  an  employer from pre-paying any prior amortization.    e.  (1)  Notwithstanding  any  law  to  the  contrary,  there shall be  maintained separate and apart from the other  funds  of  the  retirement  system  an employer contribution reserve fund, the assets of which shall  not be used or invested in a manner contrary to the provisions  of  this  subdivision.  The  fund  shall  consist  of  all  employer contributions  required to be deposited into the fund pursuant to subdivision d of this  section. Within such fund there shall be a  separate  account  for  each  employer making such contributions and payments.    (2)  For  any  given  fiscal  year  for which (i) the system actuarial  contribution rate exceeds nine and one-half percent of payroll, and (ii)  an employer's average actuarial contribution  rate  exceeds  the  system  graded  contribution  rate, the balance in the employer's account within  such fund shall be applied to  reduce  the  employer's  payment  to  the  retirement  system  for  such fiscal year in an amount not to exceed the  difference  between  the  employer's  actuarial  contribution  and   the  employer's graded contribution for the fiscal year.    (3)   Notwithstanding   the   provisions  of  paragraph  two  of  this  subdivision, if at the close of any given fiscal year the balance of  anemployer's  account  within  the fund exceeds one hundred percent of the  employer's payroll for such fiscal year, the excess shall be applied  to  reduce  the  employer's  payment  to  the retirement system for the next  succeeding fiscal year.    (4)  The  assets  of  the fund shall be invested in only the following  types of investments:    (i) obligations of the United States  of  America  or  in  obligations  guaranteed by agencies of the United States of America where the payment  of principal and interest are guaranteed by the United States of America  or in obligations of the state of New York;    (ii)  general  obligation bonds and notes of any state other than this  state, provided that such bonds and notes receive the highest rating  of  at least one independent rating agency;    (iii)  obligations of, or instruments issued by or fully guaranteed as  to principal and interest by,  any  agency  or  instrumentality  of  the  United  States acting pursuant to a grant of authority from the congress  of the United States, including, but not limited to,  any  federal  home  loan bank or banks, the Tennessee valley authority, the federal national  mortgage association, the federal home loan mortgage corporation and the  United States postal service;    (iv)  certificate  of deposits that are fully secured by the issuer by  depositing with the comptroller direct or indirect  obligations  of  the  United  States  or  its  agencies  or  a  letter of credit issued by the  Federal Home Loan Bank; and    (v) obligations of any corporation organized under  the  laws  of  any  state  in  the  United  States  maturing within two hundred seventy days  provided that  such  obligations  receive  the  highest  rating  of  two  independent rating services designated by the comptroller.    (5)  At  the  close  of  each  fiscal year, the amount of interest and  earnings attributable to each employer's account shall  be  computed  by  the actuary and certified to the comptroller, who shall thereupon credit  each employer's account in accordance therewith.    (6) The assets of the fund shall be excluded from the annual valuation  of  the  assets  and  liabilities  of the funds of the retirement system  required by section eleven of this title. The assets of the  fund  shall  not be used to finance increases in pension benefits.