Section 430. Current payment for benefit improvements  


Latest version.
  • a. Whenever a new
      benefit or an improvement in any benefit  takes  effect  or  is  enacted
      after  July  first, nineteen hundred seventy-one which will result in an
      increase in cost for  contributions  to  an  actuarially  funded  public
      retirement  system by the state or a municipality thereof, such employer
      shall commence payment for such increased  cost  from  an  appropriation
      made  in the budget for the employer's fiscal year in which such benefit
      or improvement becomes effective. No such benefit or  improvement  shall
      become effective until such appropriation has been made and is available
      for  such  payment.  Within  ninety  days after notification that such a
      benefit or improvement has been or is  to  be  made,  the  head  of  the
      retirement  system  affected  shall  submit to the fiscal officer of the
      employer, or in the case of the state or the city of  New  York  to  the
      director  of the budget thereof, an estimate of the amount sufficient to
      provide for the initial actuarial payment to the  retirement  system  of
      all  additional  obligations  created by such benefit or improvement and
      such employer shall make payment of such amount to the retirement system
      during such employer's fiscal year in which such benefit or  improvement
      is  made  effective. In computing the amount to be paid by such employer
      during the normal valuation process for obligations attributable to  the
      fiscal  year  in  which  such  benefit  or improvement became effective,
      appropriate adjustments shall be made for amount already  paid  pursuant
      to this section.
        b.  If payment of the full amount of an obligation required to be paid
      by subdivision a of this section is not made by a participating employer
      in a state retirement system, including the state  teachers'  retirement
      system,  by  the  close  of such employer's fiscal year, interest at the
      rate of six per centum per annum  shall  commence  to  run  against  the
      unpaid  balance  thereof  on the first day of the next succeeding fiscal
      year.
        c. The comptroller or the retirement  board  of  the  state  teachers'
      retirement  system  shall have full power and authority to bring suit in
      the supreme court against any participating  employer  in  a  retirement
      system  headed  by  such  comptroller  or such board to recover any sum,
      payment of which is not made as herein required.   While  any  such  sum
      shall  remain  due  and  unpaid  the comptroller may refuse to audit any
      claim for funds due to such employer from the state.