21 - Members' contributions and their use; annuity savings fund.

§  21. Members' contributions and their use; annuity savings fund.  a.  The annuity savings fund shall be the fund in which shall be accumulated  all contributions made by members to provide  for  their  annuities  and  their withdrawal allowances.    b.  Upon  the  basis  of tables adopted by the comptroller and regular  interest, the actuary shall determine the rate of contribution for  each  member. Such rate shall be computed as the constant proportion of annual  compensation  which,  when  deducted  from each payment of such member's  prospective earnable compensation until he shall attain age sixty, would  provide, at that time, an annuity equal to one-one hundred  fortieth  of  his  final  average  salary for each year of member service for which he  shall be entitled to credit.  This method of computation of  a  member's  rate of contribution shall be appropriately modified in case of a member  for whom such a rate is otherwise fixed pursuant to any other section of  this article.    c. The rate of contribution of a member who is over age fifty-nine, at  the  time of his last becoming a member, shall be the same as if his age  were fifty-nine.    d. The comptroller shall certify each member's rate of contribution to  his employer. Each employer by whom a member is  employed  shall  deduct  from  the  compensation  of  such  member, on each payroll and for every  payroll period, the proportion of such member's compensation based  upon  his rate of contribution. In determining the amount earnable by a member  in  a  payroll  period,  the comptroller may consider the rate of annual  compensation payable  to  such  member  on  the  first  day  thereof  as  continuing  throughout  such  period. If an employee was not a member on  the first day of a payroll period, deductions from compensation for such  period may be omitted. No deductions shall be made from the compensation  of a member over age sixty who has credit for at least thirty-five years  of government service and who elects to discontinue his contributions to  the annuity savings fund. The contributions  herein  provided  shall  be  made  notwithstanding  that the minimum compensation provided by law for  any member shall be reduced thereby.    e. The chief fiscal officer of each employer  promptly  shall  certify  and  file a copy of each payroll with the comptroller. Each such payroll  and certification shall be in a form approved by  the  comptroller.  The  comptroller,   in   his   discretion,  may  waive  the  requirements  of  certification and filing as to any particular payroll.    f. Deductions from the compensation of a member shall  constitute  his  contributions.  Such  contributions  shall  be  remitted promptly to the  comptroller. The comptroller shall deposit them in the  annuity  savings  fund and they shall be credited, together with regular interest thereon,  and special interest, if any, to the member's individual account in such  fund.  Regular  interest  upon  accumulated contributions in the annuity  savings fund, and special interest, if any, shall be transferred to such  fund from the pension accumulation fund at  the  close  of  each  fiscal  year.    g.  If  a  member  shall  have  deposited in the annuity savings fund,  before  June  thirteenth,  nineteen  hundred  thirty-nine,  amounts   in  addition  to  the  contributions then required by law, the same shall be  included in his accumulated contributions.  Interest  thereon,  however,  shall be credited only at such rate as in the opinion of the comptroller  is  the  prevailing rate of interest allowed on savings bank deposits. A  member, at any time, may  withdraw  such  additional  amounts  and  such  interest  thereon,  in  whole  or  in  part. The total of such withdrawn  amounts may be redeposited by a single payment  at  any  time.  If  such  additional  amounts  be  not withdrawn before retirement, they thereupon  shall be used to purchase an annuity on account  of  such  member.  Suchannuity  shall  be  in  addition to the retirement allowance to which he  would otherwise be entitled. It  shall  be  computed  on  the  basis  of  regular  interest  and  the mortality tables which are used in computing  other annuities under this article.    h.  Valuation  of  maintenance  in  certain  cases. 1. A member of the  retirement system, whose retirement  contributions  were  determined  by  fixing  the  value  of his maintenance at one-half the cash compensation  received by him and whose contributions were subsequently reduced by the  fixing of a lower value for the same maintenance theretofore  furnished,  may  elect  to have his contributions computed on the basis of his gross  compensation  as  established  prior  to  such  reduction  in  value  of  maintenance, provided that:    (a)  His  retirement  contributions  prior  to October first, nineteen  hundred forty-three, were based on such higher value of  maintenance  as  determined  by  the  comptroller  and his retirement contributions after  such date were reduced because of the fixation of such  lower  value  of  maintenance, or    (b)  His  retirement  contributions prior to April sixteenth, nineteen  hundred forty-six, were based on such higher  value  of  maintenance  as  determined  by  the board of supervisors of the county of Monroe and his  retirement contributions after such date were  reduced  because  of  the  fixation of such lower value of maintenance, or    (c)   He   was   employed  by  the  county  of  Westchester  on  March  twenty-ninth, nineteen hundred forty-eight, his retirement contributions  prior to March thirty-first, nineteen hundred forty-seven, were based on  such higher value of maintenance and his retirement contributions  after  January first, nineteen hundred forty-eight, were reduced because of the  fixation of such lower value of maintenance, or    (cc) His retirement contributions prior to the initial fixation of the  value  of his maintenance pursuant to section two hundred one or section  two hundred five of the county law, were based on such higher  value  of  maintenance   as  determined  by  the  comptroller  and  his  retirement  contributions after the date of such fixation were  reduced  because  of  the fixation of such lower value of maintenance, or    (d)  He  was  employed  by  the  county  of Onondaga on April twelfth,  nineteen hundred  forty-nine,  his  retirement  contributions  prior  to  December  fifteenth,  nineteen  hundred  forty-seven, were based on such  higher value of  maintenance  and  his  retirement  contributions  after  December  fifteenth,  nineteen hundred forty-seven, were reduced because  of the fixation of such lower value of maintenance, or    (e)  He  was  or  shall  have  been  employed  in  a  county  or  city  tuberculosis  hospital  which  was or shall have been transferred to the  state pursuant to section twenty-two hundred sixty-eight of  the  public  health  law, his retirement contributions prior to such transfer were or  shall have been based on  such  higher  value  of  maintenance  and  his  retirement  contributions  after  such  transfer were or shall have been  reduced because of the fixation of such lower value of maintenance.    2. Upon filing such election and paying the  additional  contributions  required  thereby,  such  member  shall be entitled to have his pension,  retirement allowance or other rights and privileges  in  the  retirement  system  computed  in  accordance  with such gross compensation, provided  that:    (a) In a case covered by subparagraph (a) of  paragraph  one  of  this  subdivision  h,  such  election  was so filed with the comptroller on or  before April first, nineteen  hundred  forty-six,  and  such  additional  contributions  are  paid  from and after October first, nineteen hundred  forty-three, or(b) In a case covered by subparagraph (b) of  paragraph  one  of  this  subdivision  h,  such  election  was so filed with the comptroller on or  before January first, nineteen hundred forty-eight, and such  additional  contributions  are paid from and after April sixteenth, nineteen hundred  forty-six, or    (c)  In  a  case  covered by subparagraph (c) of paragraph one of this  subdivision h, such election was so filed with  the  comptroller  on  or  before  January  first, nineteen hundred forty-nine, and such additional  contributions are paid  from  and  after  March  thirty-first,  nineteen  hundred forty-seven, or    (cc)  In  a case covered by subparagraph (cc) of paragraph one of this  subdivision h, such election was so filed with  the  comptroller  on  or  before  October  first, nineteen hundred fifty-five, and such additional  contributions are paid from and after the date of the  initial  fixation  of the value of his maintenance pursuant to such subparagraph, or    (d)  In  a  case  covered by subparagraph (d) of paragraph one of this  subdivision h, such election was so filed with the county auditor on  or  before  November first, nineteen hundred forty-nine, and such additional  contributions are paid  from  and  after  December  fifteenth,  nineteen  hundred forty-seven, or    (e)  In  a  case  covered by subparagraph (d) of paragraph one of this  subdivision h, such election is so filed  with  the  comptroller  on  or  before April first, nineteen hundred fifty, or within one year after the  date   of  such  transfer,  whichever  is  later,  and  such  additional  contributions are paid from and after the date of such transfer.    3.  The  gross  compensation  of  such  member  shall  be  the  amount  established   on   the  basis  of  such  higher  value  of  maintenance.  Contributions based on such gross compensation shall continue to be made  until such member retires  or  until  such  election  is  terminated  as  provided in paragraph four of this subdivision h.    4.  An  election  made pursuant to paragraph one of this subdivision h  shall be  terminated  if  and  when  the  compensation  of  the  member,  including  cash  and  the  current value of maintenance, shall equal the  gross compensation of such member as fixed on the basis  of  the  higher  value of maintenance described in such paragraph one, provided that:    (a)  In  a  case  covered by subparagraph (a) of paragraph one of this  subdivision h,  such  current  value  of  maintenance  shall  have  been  determined  by  the director of the budget pursuant to section forty-two  of the civil service law, or    (b) In a case covered by subparagraph (b) of  paragraph  one  of  this  subdivision  h,  such  current  value  of  maintenance  shall  have been  determined by the board of supervisors of the county of Monroe, or    (c) In a case covered by subparagraph (c) of  paragraph  one  of  this  subdivision  h,  such  current  value  of  maintenance  shall  have been  determined by the board of supervisors of the county of Westchester, or    (cc) In a case covered by subparagraph (cc) of paragraph one  of  this  subdivision  h,  such  current  value  of  maintenance  shall  have been  determined by the board of supervisors of the county, or    (d) In a case covered by subparagraph (d) of  paragraph  one  of  this  subdivision  h,  such  current  value  of  maintenance  shall  have been  determined by the board of supervisors of Onondaga county, or    (e) In a case covered by subparagraph (d) of  paragraph  one  of  this  subdivision  h,  such  current  value  of  maintenance  shall  have been  determined by the director of the budget pursuant to  section  forty-two  of the civil service law.    i. Additional contributions.    1.  Any  member  of  the  retirement system, upon forms prescribed and  furnished by the comptroller, may elect to make additional contributionsat the rate of fifty per centum of his rate of normal  contribution  for  the purpose of purchasing additional annuity.    2.  Additional contributions made pursuant to this subdivision i shall  be included in the member's accumulated contributions,  except  that  in  computing a retirement allowance:    (a)  For  ordinary  disability  pursuant  to section sixty-two of this  article, or    (b) In any other case under this article where the inclusion  of  such  additional contributions in the computation of an annuity would have the  effect  of  decreasing  the  amount of a pension that otherwise would be  payable,  such additional contributions shall be treated as  excess  contributions  and shall be used to provide an annuity in addition to the annuity which  otherwise  would be payable in such case.  Such additional annuity shall  be computed on the basis of regular interest and  the  mortality  tables  which are used in computing other annuities under this article.    3.  One  year  or more after the filing thereof, a member may withdraw  his  election  to  make  additional  contributions  pursuant   to   this  subdivision   i.  Such  withdrawal  shall  be  by  written  notice  duly  acknowledged and filed with the comptroller.    j. Where a member's  rate  of  contribution  is  reduced  because  his  employer                        contributes                       toward  pensions-providing-for-increased-take-home-pay   pursuant   to   section  seventy-a  of  this  article,  such  member  may  by written notice duly  acknowledged and filed with the comptroller within one year  after  such  reduction or within one year after he last became a member, whichever is  later,  elect to waive such reduction. One year or more after the filing  thereof, a member may withdraw any such waiver by  written  notice  duly  acknowledged  and  filed  with the comptroller.  Where a member makes an  election to waive such reduction, he shall contribute to the  retirement  system as otherwise provided in this article.    k.  A  member in the employ of the state who retires on or after April  first, nineteen hundred seventy-three may elect to withdraw  his  excess  contributions  at  the time of his retirement; provided, however, in the  case of persons who last became members on or after July first, nineteen  hundred seventy-three, the provisions of this  subdivision  shall  apply  only  to  those  who  retire  prior  to  July  first,  nineteen  hundred  seventy-four. Such election shall be duly executed and  filed  with  the  comptroller.  The  term  excess  contributions  shall  mean  accumulated  contributions in excess of the amount thereof necessary to  provide  the  required  pension  or  retirement  allowance  specified  under  the plan  applicable  to  the  member.  In  no  case  shall  such  withdrawal   of  contributions result in an increase in the pension benefit.    l.  Voluntary  contributions.  1.  Any  member  who  is  not otherwise  required by law to  make  contributions  may  elect  to  make  voluntary  contributions for the purpose of purchasing additional annuity.    2.  Voluntary contributions made pursuant to this subdivision shall be  included in the  member's  accumulated  contributions,  except  that  in  computing a retirement allowance:    (a)  For  ordinary  disability  pursuant  to section sixty-two of this  chapter, or    (b) In any other case under this chapter where the inclusion  of  such  voluntary  contributions in the computation of an annuity would have the  effect of decreasing the amount of a pension  that  otherwise  would  be  payable,  such  voluntary  contributions  shall be treated as excess contributions  and shall be used to provide an annuity in addition to the annuity which  otherwise would be payable in such case. Such additional  annuity  shallbe  computed  on  the basis of regular interest and the mortality tables  which are used in computing other annuities under this chapter.    3. Any member electing to make such voluntary contributions shall file  such election with the comptroller on a form prescribed for such purpose  by  the comptroller. Such election shall specify a rate of contributions  in a whole number percentage no greater than ten percent of the member's  salary, such contributions to be remitted to the comptroller by  regular  payroll  deductions  from  the  compensation  of the member. The rate of  contribution shall be subject to change by the member only once  in  any  twelve  month period. These contributions may be withdrawn by the member  in accordance with section fifty-one of this chapter only  once  in  any  twelve month period.    4.  Any  member  electing  to  make  such  voluntary contributions may  withdraw his election to make such contributions at any time and thereby  terminate such contributions; provided, however, that  such  termination  of voluntary contributions shall preclude the member from again electing  to make such contributions for a period of twelve months.    5.  Any  member electing to make such voluntary contributions pursuant  to this subdivision shall be deemed by such act to have:  (a)  withdrawn  his election to make additional contributions pursuant to subdivisions i  and  j  of  this  section,  and (b) made all his excess contributions in  accordance with this subdivision.