Section 13-327. Contributions of improved benefits plan members and their use; annuity savings fund  


Latest version.
  • a. (1) The annuity savings fund shall be  the  fund  in  which shall be accumulated deductions from the compensation of
      improved benefits plan members to provide for their annuities and  their
      withdrawal allowances.
        (2)  Upon  the  basis  of  the  tables  herein authorized, and regular
      interest,  the  actuary  of  such  board  shall   determine   for   each
      non-elective  improved  benefits  plan member (as defined in subdivision
      four-h  of  section  13-313  of  this  subchapter)  the  proportion   of
      compensation  which,  when  deducted  from  each  payment  of his or her
      prospective earnable compensation prior to his or  her  eligibility  for
      retirement  and  accumulated  at regular interest upon the attainment of
      the minimum period of service retirement elected by him or her, shall be
      computed to provide, at that  time,  an  annuity  equal  to  twenty-five
      seventy-fifths  of  the pension then allowable to him or her for service
      as a member. Such proportion of compensation shall be computed to remain
      constant.
        (3) The proportion of earnable compensation required to be applied  in
      making deductions from the compensation of an elective improved benefits
      plan  member (as defined in subdivision four-g of section 13-313 of this
      subchapter) shall be computed  as  provided  for  in  subdivision  i  of
      section 13-315 of this subchapter.
        (4)  In  any  case  where the membership of any improved benefits plan
      member is terminated and he or she thereafter acquires a status whereby,
      under the applicable  provisions  of  this  subchapter,  he  or  she  is
      required  to  make  member  contributions  as  an improved benefits plan
      member consisting of a proportion of his or  her  earnable  compensation
      (before  reduction on account of any program for increased-take-home-pay
      in effect) other than the proportion of his or her earnable compensation
      (before reduction on account of any such  program)  which,  before  such
      termination  of  membership, was required to be deducted from his or her
      earnable compensation as his  or  her  member  contributions,  such  new
      proportion  of  his or her earnable compensation required to be deducted
      as his or her member contributions as an improved benefits  plan  member
      shall  be  fixed  pursuant  to  the  provisions of paragraph two of this
      subdivision  a  and  such  subsequent  required  deductions   from   the
      compensation  of  such  member  shall  be  made on the basis of such new
      proportion of his or her earnable compensation.
        b. Such board shall certify to the commissioner who shall deduct  from
      the compensation of each improved benefits plan member on each and every
      payroll of such member for each and every payroll period, the proportion
      of  his  or  her earnable compensation so computed. Such board shall not
      certify nor shall  the  commissioner  make  any  deduction  for  annuity
      purposes  from  the compensation of an improved benefits plan member who
      elects not to contribute if his or her total service is  such  as  would
      entitle  a  new entrant to retire for service on a pension not less than
      seventy-five per  cent  of  one-half  of  his  or  her  annual  earnable
      compensation  on  the  date  of  retirement.  In  determining the amount
      earnable by an improved benefits plan member in a payroll  period,  such
      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 such board may omit deductions from compensation for
      any period less than a full payroll period if such an employee was not a
      member on the first day of the  period.  To  facilitate  the  making  of
      deductions,  such  board  may  modify the deduction required by any such
      member of such amount as shall not exceed one-tenth of one per  cent  of
      the  compensation  upon the basis of which such deduction is to be made.
      The deductions provided herein shall be made  notwithstanding  that  the
    
      minimum  compensation  provided  by  law  for any improved benefits plan
      member shall be reduced thereby. Every  improved  benefits  plan  member
      shall be deemed to consent and agree to the deductions made and provided
      for  by  the  applicable provisions of section 13-315 of this subchapter
      and/or this section and shall receipt in full for his or her  salary  or
      compensation,  and  payment  less  such  deductions  shall be a full and
      complete discharge and acquittance of all claims and demands  whatsoever
      for  the  services  rendered by such person during the period covered by
      such payment, except his or her claim to the benefits to which he or she
      may  be  entitled  under  the  provisions  of   this   subchapter.   The
      commissioner  shall certify to the comptroller on each and every payroll
      the amounts to be deducted. Each of such amounts shall be  deducted  and
      when  deducted shall be paid into the annuity savings fund, and shall be
      credited, together with regular interest, to an  individual  account  of
      the  member  from whose compensation such deduction was made. The method
      of  computation  and  deductions  prescribed  by  this  subdivision  and
      subdivision  a  of  this  section shall be appropriately modified in the
      case of an improved benefits plan member for whom a  rate  is  otherwise
      fixed pursuant to section 13-326 of this subchapter.
        c.  In addition to the computed deductions, any improved benefits plan
      member may elect to contribute at a rate fifty percentum  in  excess  of
      that  heretofore  provided,  for  the  purpose  of purchasing additional
      annuity.  In  computing  the  amount  of  such   additional   rate   any
      modification  of  the  normal  rate  pursuant  to section 13-326 of this
      subchapter shall be disregarded. These additional contributions shall be
      credited to  the  annuity  savings  fund  with  regular  interest.  Such
      additional  contributions  shall  not  enter  into  the  computation for
      allowance on ordinary disability  retirement  as  described  in  section
      13-352  of this subchapter. A member may elect to discontinue his or her
      additional contributions at any time.
        d. In  addition  to  the  deductions  from  compensation  hereinbefore
      provided, any improved benefits plan member may redeposit in the annuity
      savings  fund  by  a  single payment an amount equal to the total amount
      which he or she  withdrew  previously  therefrom  as  provided  in  this
      subchapter.  Such  amount so deposited shall become a part of his or her
      accumulated  deductions.  The  accumulated  deductions  of  an  improved
      benefits  plan  member withdrawn as provided in this subchapter shall be
      paid out of the annuity savings fund. Upon  retirement  of  an  improved
      benefits  plan  member,  his  or  her  accumulated  deductions  shall be
      transferred from such fund to the annuity reserve fund.