Section 17. Annual appropriation by participating employers  


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  • a. On or before
      the  fifteenth day of November, nineteen hundred eighty-nine and of each
      succeeding calendar year, the comptroller  shall  determine  the  amount
      which  each  participating employer is required to pay to the retirement
      system to discharge its obligations thereto for the fiscal year  of  the
      retirement  system  which ends on March thirty-first of nineteen hundred
      ninety and of each succeeding calendar year on account of its  employees
      who  are  members  of  this  system. The comptroller shall submit to the
      fiscal officer of each such  employer  a  statement  of  the  amount  so
      payable.
        This  amount  shall  consist of the amount deemed necessary to provide
      for  payment  in  full  of  (i)  all  estimated  obligations   of   each
      participating  employer  for  the  current fiscal year of the retirement
      systems and (ii)  any  additional  obligation,  plus  interest  on  such
      amount,  for  fiscal  years  preceding  the current fiscal year. If as a
      result of the amount determined to  be  paid  for  any  fiscal  year,  a
      participating  employer overpaid its actual obligation to the retirement
      system for that year, the amount to be determined by the comptroller for
      the next succeeding November fifteenth shall reflect the amount  of  the
      overpayment, plus interest as defined in section sixteen of this article
      on  such  amount,  as a reduction in the amount otherwise required to be
      paid by such participating employer.
        b. Each  participating  employer  annually  shall  appropriate  a  sum
      sufficient  to pay such amount. In the event the comptroller's statement
      is not received before annual appropriations are made by such  employer,
      a  sum  estimated  by  the comptroller to be sufficient for such purpose
      shall be included with such annual appropriations.
        c. Payment of the amount  specified  in  the  comptroller's  statement
      shall  be  made  by  a  participating employer within seventy-eight days
      after the receipt of such statement; provided, however, that in no  case
      shall any participating employer be required to make this payment before
      February first of the calendar year next succeeding the calendar year in
      which  such  statement  is  received.  The  comptroller is authorized to
      provide for and accept pre-payment.
        d. If payment of the full amount of such obligations is  not  made  by
      the  date  required by subdivision c of this section, interest at a rate
      determined in accordance with the provisions of section sixteen of  this
      article  shall commence to run against the unpaid balance thereof on the
      first day after the date required by said subdivision c.
        e. The comptroller shall have full power and authority to  bring  suit
      in  the  supreme court against any participating employer to recover any
      sum, payment of which is not made as herein required. While any such sum
      shall remain due and unpaid he may refuse to audit any claim  for  funds
      due to such employer from the state.