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


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  • a. If
      the  comptroller,  in  his  or  her  discretion,   decides   to   permit
      amortization  of  employer contributions pursuant to this section, then,
      on or about October fifteenth, two thousand four, 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  twenty-three-a  of  this
      article  due for the fiscal year ending March thirty-first, two thousand
      six. The amount by which such contribution  exceeds  nine  and  one-half
      percent  of  the  estimated  pensionable salary base for the fiscal year
      ending March  thirty-first,  two  thousand  six  shall  be  the  "amount
      eligible  for  amortization".  An  amount up to 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 seven, provided, however, that on or before
      September first, two thousand  five  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 six bill, pay a lesser amount  on  February
      first,  two thousand six which shall be 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 subdivision a of this section; and
        (2)  the  first  annual  installment  of  the  "amount  eligible   for
      amortization"  determined  pursuant  to  subdivision  a of section three
      hundred seventeen-b of this article, if applicable.
        c. A participating employer making a payment pursuant to subdivision b
      of this section shall pay on  February  first,  two  thousand  seven  an
      amount  determined  by  the  comptroller  by  adding the following three
      amounts together:
        (1) the entire February first, two  thousand  seven  bill,  calculated
      pursuant  to  section  three  hundred  twenty-three-a  of  this  article
      (without reference to this  section),  less  the  "amount  eligible  for
      amortization"  determined  pursuant to section three hundred seventeen-d
      of this article, if applicable;
        (2)  the  first  annual  installment  of  the  "amount  eligible   for
      amortization" determined pursuant to subdivision a of this section; and
        (3)  the  second  annual  installment  of  the  "amount  eligible  for
      amortization" determined pursuant to  subdivision  a  of  section  three
      hundred seventeen-b of this article, if applicable.
        d.  Amortized  payments  determined  pursuant to section three hundred
      seventeen-b and pursuant to this section shall be  due  and  payable  on
      February  first  of each year during the applicable amortization period.
      The comptroller shall have the authority to permit  the  pre-payment  of
      the   remaining  balance  of  the  "amount  eligible  for  amortization"
      determined pursuant to both such sections subject to the following:
        (1) on or before November fifteenth, two thousand five in addition  to
      the  amount  due for the current year billing and for the payment of the
    
      amortized  annual  installment  determined  pursuant  to  section  three
      hundred  seventeen-b and pursuant to this section, the comptroller shall
      advise the participating  employer  of  the  total  amount  due  and  be
      authorized  to  accept  pre-payment  in  full of said amount by February
      first, two thousand six.
        (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  installments,  the  comptroller  shall   advise   the
      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.