§ 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.

1-a. Employer contributions. In the case of any electing employee
excluded from or not encompassed within a negotiating unit within the
meaning of article fourteen of the civil service law initially hired on
or after July first, two thousand thirteen, the state and the electing
employer shall, during the continuance of his or her employment, make
contributions at the rate of eight per centum of his or her salary.

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 before April first, two thousand twelve 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 before April first, two thousand twelve 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 before April first, two thousand twelve 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. The provisions of this paragraph shall not apply to any
electing employee who becomes a member of the optional retirement
program on or after April first, two thousand twelve.

(d) Notwithstanding any other law to the contrary, beginning April
first, two thousand thirteen any electing employee appointed on or after
April first, two thousand twelve, the rate at which each such employee
shall contribute in any current plan year (January first to December
thirty-first) shall be determined by reference to the wages of such
member in the second plan year (January first to December thirty-first)
preceding such current plan year as follows:

(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;

(ii) members with wages greater than forty-five thousand per annum,
but not more than fifty-five thousand per annum shall contribute three
and one-half per centum of annual wages;

(iii) members with wages greater than fifty-five thousand per annum,
but not more than seventy-five thousand per annum shall contribute four
and one-half per centum of annual wages;

(iv) members with wages greater than seventy-five thousand per annum
but not more than one hundred thousand per annum shall contribute five
and three-quarters per centum of annual wages; and

(v) members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages.

Notwithstanding the foregoing, during each of the first three plan
years (January first to December thirty-first) in which such member has
established membership in the State University Optional Retirement
Program, such employee shall contribute a percent of annual wages in
accordance with the preceding schedule based upon a projection of annual
wages provided by the employer.

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.