Section 317-B. Amortization of a portion of the bills for participating employers for the two thousand four--two thousand five fiscal year  


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  • a.
      If  the  comptroller,  in  his  or  her  discretion,  decides  to permit
      amortization of  employer  contributions,  then,  on  or  about  October
      fifteenth,  two  thousand  three,  on  the basis of the annual actuarial
      valuation provided for in this chapter, the comptroller shall  determine
      the  amount  (exclusive  of  payments  for  group  term  life insurance,
      deficiency  payments,  adjustments  relating  to  prior  fiscal   years'
      obligations  and  obligations pertaining to retirement incentives or any
      other obligations that a participating employer is permitted to  pay  on
      an  amortized  basis)  of  the  annual  contribution for a participating
      employer pursuant  to  section  three  hundred  twenty-three-a  of  this
      article  due for the fiscal year ending March thirty-first, two thousand
      five, as of December fifteenth, two thousand four. The amount  by  which
      such  contribution  exceeds  seven  percent of the estimated pensionable
      salary base for the fiscal year ending March thirty-first, two  thousand
      five  shall  be  the  "amount  eligible  for  amortization". The "amount
      eligible for amortization" may be amortized over a  ten-year  period  at
      eight  percent  interest per annum, with the first of ten equal payments
      payable on February first, two thousand six, provided, however, that  on
      or  before September first, two thousand four the comptroller, in his or
      her discretion, may establish a fixed rate of interest per annum  to  be
      applied to the amounts eligible for amortization of all employers, which
      more  closely approximates a market rate of return on taxable fixed rate
      securities with similar terms issued by comparable issuers.
        b. A participating  employer,  may,  in  lieu  of  paying  its  entire
      February  first, two thousand five bill, pay a lesser amount on February
      first, two thousand five which shall be the entire February  first,  two
      thousand  five  bill,  calculated  pursuant  to  section  three  hundred
      twenty-three-a of this article (without reference to this section)  less
      the "amount eligible for amortization".
        b-1. A participating employer making a payment pursuant to subdivision
      b  of  this  section  shall  pay  on February first, two thousand six an
      amount determined by the comptroller by adding the following two amounts
      together:
        (1) the entire February  first,  two  thousand  six  bill,  calculated
      pursuant to section twenty-three-a of this article (without reference to
      this  section),  less  the "amount eligible for amortization" determined
      pursuant to section  three  hundred  seventeen-c  of  this  article,  if
      applicable; and
        (2)   the  first  annual  installment  of  the  "amount  eligible  for
      amortization" determined pursuant to this section.
        c. The remaining amortized  payments  shall  be  due  and  payable  on
      February  first  of  each  year  during  the  amortization  period.  The
      comptroller shall have the authority to permit the  pre-payment  of  the
      remaining  balance of the "amount eligible for amortization", subject to
      the following:
        (1) on or before November fifteenth, two thousand four in addition  to
      the  amount  due  for  the  current  year billing, the comptroller shall
      advise each participating employer  of  the  total  amount  due  and  be
      authorized  to  accept  pre-payment  in  full of said amount by February
      first, two thousand five.
        (2) on or before each November fifteenth thereafter,  in  addition  to
      the  amount  due for the current year billing and for the payment of the
      annual  amortized  installment,  the  comptroller  shall   advise   each
      participating  employer  of  the  total  amount still outstanding and be
      authorized to accept the pre-payment of any balance remaining to be paid
      by February first of the succeeding year.