Section 392. Rates of contribution

1. Employer contributions. In the case
  of  any  electing  employee  initially  appointed  on  or  before   June
  thirtieth,  nineteen  hundred  ninety-two,  the  state,  with respect to
  employees of state university, and the electing employer,  with  respect
  to  employees  of  a community college, shall, during continuance of his
  employment, make contributions at the rate of  nine  percentum  of  that
  portion  of  his  salary  upon  which  contributions, if any, are or may
  hereafter be paid to the secretary of the treasury of the United  States
  pursuant  to article three of the retirement and social security law and
  at the rate of twelve percentum of any portion of his salary upon  which
  such   contributions  are  not  paid,  out  of  monies  which  shall  be
  appropriated to state university or which  shall  be  available  to  the
  electing employer for such purpose. In the case of any electing employee
  initially appointed on or after July first, nineteen hundred ninety-two,
  the  state,  with  respect  to employees of the state university and the
  electing employer, with respect to employees  of  a  community  college,
  shall,  during  continuance of his employment, make contributions at the
  rate of eight percentum of his salary during the first  seven  years  of
  such  employment  and  at  the  rate  of  ten  percentum  of  his salary
  thereafter, out of monies which  shall  be  appropriated  to  the  state
  university or which shall be available to the electing employer for such
  purpose.   For  purposes  of  this  subdivision,  that  portion  of  the
  employee's salary upon which contributions are or may thereafter be paid
  to the secretary of the  treasury  of  the  United  States  pursuant  to
  article  three of the retirement and social security law shall be deemed
  not to exceed sixteen thousand five hundred dollars.
    2. Employee contributions. (a) In the case of any  electing  employee,
  contributions  at  the  rate  of  three percentum of his salary shall be
  deducted as the employee contribution by  the  comptroller,  or  by  the
  appropriate  fiscal  officer  with  respect  to  an  electing  employer,
  provided however, that such employee contribution shall be made  by  (i)
  the  state  for  employees  other  than  those  employed  by an electing
  employer in accordance with subdivision one of this section during  such
  period  as  (a)  either  section  seventy-a of the retirement and social
  security law or section five hundred twenty-eight of this title provides
  that the contribution of each member of the New  York  state  employees'
  retirement  system  or the New York state teachers' retirement system in
  the employ of the state shall be reduced by at least eight percentum  of
  his compensation or (b) employee contributions to either such system are
  no longer required by reason of such system becoming noncontributory for
  state  employees,  or  (ii)  by the electing employer in accordance with
  subdivision one of this section during such period as the  contributions
  of any members of either the New York state employees' retirement system
  or the New York state teachers' retirement system or of any other public
  retirement system in this state in its employ shall (a) be reduced by at
  least  eight  percentum of their compensation in accordance with section
  seventy-a of the retirement and social  security  law  or  section  five
  hundred twenty-nine of this title or section B3-36.1 or section B20-41.1
  of  the  administrative  code  of  the  city of New York or (b) employee
  contributions to any such system of  which  any  of  its  employees  are
  members  are  no  longer required by reasons of such system becoming non
  contributory for such employees; and  provided  further,  however,  that
  such  employee  contribution with respect to the fiscal year of the city
  of New York beginning on July first, nineteen  hundred  seventy-two  and
  ending  on  June thirtieth, nineteen hundred seventy-three shall be made
  by the electing employer in the case of any  electing  employee  who  is
  employed  by  a community college operated in such city, notwithstanding
  any of the foregoing provisions of this subdivision to the contrary.

    (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 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 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 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.
    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.