§ 6221. Financing of the city university of New York. A. Senior
college operating expenses. 1. Notwithstanding any other provision of
law, all expenditures for the senior college programs and services of
the city university of New York shall continue to be pre-financed from
city of New York funds. The comptroller of the state of New York may
establish a separate fund for the receipt and deposit of such
pre-financing funds from the city of New York pursuant to this
subdivision, and all other monies deemed appropriate by the state
comptroller and the state director of the budget, except that all monies
presently required by law to be paid directly to the city university
construction fund shall continue to be so paid. All monies appropriated
for such senior college programs and services, or derived from other
sources in the course of the administration thereof, shall be expended
upon vouchers approved by the chancellor of the city university, as
chief administrative officer of the city university, or by such
authority or authorities in the city university as shall be designated
by the chancellor by a rule or written direction filed with the
comptroller, when and in the manner authorized by the board of trustees.
No monies appropriated for such senior college programs and services, or
derived from other sources in the course of the administration thereof,
shall be expended until a certificate of the aggregate funds available
for expenditure pursuant to section forty-nine of the state finance law
has been approved by the director of the budget and copies thereof filed
with the state comptroller, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee. In regard to
the city university, the director of the budget shall exercise the
authority granted under section forty-nine of the state finance law in
accordance with the provisions of paragraph b of subdivision four of
section three hundred fifty-five of this chapter.

2. a. Notwithstanding any other provision of law, the city of New York
shall appropriate in its expense budget and pay to the account of the
senior colleges of the city university of New York as operating aid
amounts in accordance with the following schedule:

(i) For the twelve-month period commencing July first, nineteen
hundred seventy-nine, an amount equal to the lesser of fifty-eight
million, three hundred ninety-three thousand dollars ($58,393,000) or
twenty-five per centum of the net operating expenses of such senior
college programs and services, as certified by the comptroller of the
state of New York to be properly chargeable to such twelve-month period;

(ii) For the twelve-month period commencing July first, nineteen
hundred eighty, an amount equal to eighty per centum of the amount
specified in (i) of subparagraph a of this paragraph.

(iii) For the twelve-month period commencing July first, nineteen
hundred eighty-one, an amount equal to forty per centum of the amount
specified in (i) of subparagraph a of this paragraph.

b. For the twelve-month period commencing July first, nineteen hundred
eighty-two and thereafter, the city of New York shall not be required to
make any appropriation in support of the net operating expenses of the
programs and services of the senior colleges of the city university.

c. (i) Subject to the provisions of item (ii) of this subparagraph,
the amounts specified in this subdivision shall be exclusive of monies
payable by such city for campus schools and debt service on bonds
attributable to such university pursuant to article one hundred
twenty-five-B of this chapter.

(ii) (1) The amounts specified in this subdivision, in so far as such
amounts consist of payments for the twelve-month period commencing on
July first, nineteen hundred seventy-nine, shall not include any
unfunded accrued liability payments required to be made in such period
pursuant to chapters nine hundred seventy-five, nine hundred seventy-six
and nine hundred seventy-seven of the laws of nineteen hundred
seventy-seven with respect to pension contributions.

(2) The amounts specified in this subdivision, in so far as such
amounts consist of payments for the twelve-month period commencing on
July first, nineteen hundred eighty, shall not include:

(a) any revised unfunded accrued liability payments (as defined in
subdivision seven of section sixty-two hundred two of this article)
which are required to be made in such period with respect to pension
contributions; or

(b) any installment of the nineteen hundred eighty unfunded accrued
liability adjustment (as defined in subdivision eight of such section
sixty-two hundred two), whether a charge or a credit, which installment
is required to be paid or credited, as the case may be, in such period
with respect to pension contributions.

(3) During the period beginning on July first, nineteen hundred
eighty-one and ending on June thirtieth, nineteen hundred ninety, the
net operating expenses of the programs and services of the senior
colleges of the city university shall not include any of the payments or
installments of charge or credit stated below in this sub-item (3), in
so far as such payments or installments are attributable to employees of
such senior colleges:

(a) any revised unfunded accrued liability payments (as defined in
subdivision seven of section sixty-two hundred two of this article)
required to be made in such period and thereafter with respect to
pension contributions; and

(b) any installments of nineteen hundred eighty unfunded accrued
liability adjustment (as defined in subdivision eight of such section
sixty-two hundred two), whether a charge or a credit, which installments
are required to be paid or credited, as the case may be, in such
twelve-month period and thereafter; and

(c) any installments of the nineteen hundred eighty-two unfunded
accrued liability adjustment (as defined in subdivision eight-a of such
section sixty-two hundred two), which installments are required to be
credited in such twelve-month period and thereafter; and

(d) any balance sheet liability contributions (as defined in
subdivision nine of such section sixty-two hundred two) which
contributions are required to be made in such period; and

(e) any installments of the NYCERS nineteen hundred eighty-five
unfunded accrued liability adjustment attributable to the senior
colleges (as defined in subdivision eight-b of such section sixty-two
hundred two), regardless of the prescribed time of crediting of such
installments; and

(f) any installments of the NYCTRS nineteen hundred eighty-five
unfunded accrued liability adjustment (as defined in subdivision eight-c
of such section sixty-two hundred two), regardless of the prescribed
time of crediting of such installments; and

(g) any installments of the NYCTRS nineteen hundred eighty-six
unfunded accrued liability adjustment (as defined in subdivision eight-d
of such section sixty-two hundred two), regardless of the prescribed
time of crediting of such installments; and

(h) any installments of the New York city employees' retirement system
nineteen hundred eighty-eight unfunded accrued liability adjustment
attributable to the senior colleges (as defined in subdivision eight-e
of such section sixty-two hundred two), whether a charge or a credit,
regardless of the prescribed time of payment or crediting of such
installments; and

(i) any installments of the New York city teachers' retirement system
nineteen hundred eighty-eight unfunded accrued liability adjustment
attributable to the senior colleges (as defined in subdivision eight-f
of such section sixty-two hundred two), whether a charge or a credit,
regardless of the prescribed time of payment or crediting of such
installments; and

(4) Commencing with the twelve-month period beginning on July first,
nineteen hundred ninety and thereafter, the net operating expenses of
the programs and services of the senior colleges of the city university
shall not include any of the payments or installments of charge or cred-
it or contributions stated below in this sub-item (4):

(a) the contributions for twenty-year amortization of nineteen hundred
ninety senior college consolidated UAL and senior college remainder of
BSL (as defined in subdivision eight-o of section sixty-two hundred two
of this article; and

(b) any payments or installments of any NYCERS post-June thirtieth,
nineteen hundred ninety unfunded accrued liability adjustment
attributable to the senior colleges (as defined in subdivision eight-g
of section sixty-two hundred two of this article); and

(c) any payments or installments of NYCTRS post-June thirtieth,
nineteen hundred ninety unfunded accrued liability adjustment
attributable to the senior colleges (as defined in subdivision eight-h
of section sixty-two hundred two of this article).

d. (i) Nothing contained in this paragraph shall be construed to
remove the obligation of the city of New York, as prescribed by sections
sixty-two hundred thirty and sixty-two hundred thirty-one of this
article, for payment of its share of unfunded accrued pension
liabilities attributable to employees of the senior colleges of the city
university of New York required to be made in the city's nineteen
hundred seventy-nine--nineteen hundred eighty fiscal year pursuant to
chapters nine hundred seventy-five, nine hundred seventy-six and nine
hundred seventy-seven of the laws of nineteen hundred seventy-seven.

(ii) Nothing contained in this paragraph shall be construed to remove
the obligation of the city of New York, as prescribed by sections
sixty-two hundred thirty and sixty-two hundred thirty-one of this
article, for payment of its share of:

(1) the revised unfunded accrued liability contributions (as defined
in subdivision seven of section sixty-two hundred two of this article)
which are required to be made in the city's nineteen hundred
eighty--nineteen hundred eighty-one fiscal year; and

(2) any installment of nineteen hundred eighty unfunded accrued
liability adjustment (as defined in subdivision eight of section
sixty-two hundred two of this article) which, if such adjustment is a
charge, is required to be paid in such fiscal year.

(iii) Subject to the provisions of subdivision m of section 13-638.2
of the administrative code of the city of New York, nothing contained in
this paragraph shall be construed to remove the obligation of the city
of New York, as prescribed by sections sixty-two hundred thirty and
sixty-two hundred thirty-one of this article, for payment of its share
of:

(1) the revised unfunded accrued liability contributions (as defined
in subdivision seven of section sixty-two hundred two of this article)
which are required to be made in the city's nineteen hundred
eighty-one--nineteen hundred eighty-two fiscal year and thereafter; and

(2) any installment of nineteen hundred eighty unfunded accrued
liability adjustment (as defined in subdivision eight of section
sixty-two hundred two of this article) which, if such adjustment is a
charge, is required to be made in such fiscal years; and

(3) any balance sheet liability contribution (as defined in
subdivision nine of section sixty-two hundred two of this article) which
is required to be made in such fiscal years.

e. In addition to the amounts specified in subparagraph a of this
paragraph and notwithstanding the provisions of subparagraph b of this
paragraph, the city of New York shall appropriate in its expense budget
and pay to the account of the senior colleges of the city university of
New York as the city's share of operating aid for the college of Staten
Island and New York city college of technology amounts in accordance
with the following schedule:

(i) For the twelve month period commencing July first, nineteen
hundred eighty, an amount that shall equal four million, one hundred
thousand dollars ($4,100,000).

(ii) For the twelve month period commencing July first, nineteen
hundred eighty-one, an amount equal to one-half of the amount specified
in clause (i) of this subparagraph.

(iii) For the twelve month period commencing July first, nineteen
hundred eighty-two, and thereafter the city of New York shall not be
required to make any appropriation for operating aid for the college of
Staten Island and New York city college of technology.

3. The state shall annually appropriate and pay an amount equal to the
net operating expenses of such senior college programs and services less
that amount payable, if any, by the city of New York pursuant to
paragraph two of this subdivision. Such state payment shall be made in
four installments, on or before April twenty-fifth, June twenty-fifth,
October twenty-fifth and February twenty-fifth.

4. Commencing with the twelve-month period beginning July first,
nineteen hundred eighty-two and thereafter, the state shall reimburse to
the city of New York one hundred per centum of the net operating
expenses of the approved programs and services of the senior colleges.

4-a. Notwithstanding the provision of any law, rule or regulation to
the contrary, the city university shall be entitled to annually receive
an apportionment and payment of state assistance equal to all moneys
derived as a result of the tuition increase, calculated as the
difference in the amount generated using the tuition rates authorized by
the trustees of the city university for the two thousand eight-two
thousand nine academic year and the amount generated using the tuition
rates authorized by the trustees of the city university for the two
thousand nine-two thousand ten academic year, pursuant to the following
schedule: for the two thousand nine-two thousand ten academic year, the
city university shall receive an amount equal to twenty percent of such
tuition increase; for the two thousand ten-two thousand eleven academic
year, the city university shall receive an amount equal to thirty
percent of such tuition increase; for the two thousand eleven-two
thousand twelve academic year, the city university shall receive an
amount equal to forty percent of such tuition increase; and for the two
thousand twelve-two thousand thirteen academic year, the city university
shall receive an amount equal to fifty percent of such tuition increase.
Such apportionment shall be for the enhanced investment in the city
university of the state of New York and shall be used to supplement, not
supplant, gross senior college operating budget support, unless the
director of the budget determines that state fiscal conditions preclude
such an outcome and, in which case, the director shall submit a report
regarding the recommended funding levels and whether the tuition
increase apportionment provisions of this subdivision have been complied
with for the city university of the state of New York to the chairs of
the senate finance committee and the assembly ways and means committee
and the chairs of the senate higher education committee and the assembly
higher education committee no later than fifteen days following the
release of the executive budget.

5. The comptroller of the state of New York shall provide accounting,
payroll, expenditure and revenue reporting and similar services for the
senior colleges for the period commencing July first, nineteen hundred
eighty-two and thereafter. Notwithstanding any other provision of law,
he may, to the extent he deems it necessary and practicable, require
senior colleges of the city university to conform to statutory
requirements, rules, and administrative procedures applicable to state
departments and agencies.

6. The director of the budget of the state of New York may, to the
extent he deems it necessary and practicable, giving due consideration
to the particular circumstances of the city university, require the
senior colleges of the city university of New York to conform to the
state statutory requirements, rules and administrative procedures such
as are applicable to the state university of New York regarding
budgetary and fiscal matters.

7. For the purposes of this subdivision, "net operating expenses"
shall be defined as the total operating expenses of approved programs
and services less: (a) all excess tuition and instructional and
non-instructional fees attributable to the senior colleges and received
from the city university construction fund pursuant to subdivision b of
section sixty-two hundred seventy-eight of this chapter; (b) an amount
to be deposited from overhead funds and miscellaneous earnings recovered
in the administration of sponsored programs for which the research
foundation of the city university of New York has been designated as
fiscal administrator; (c) the amount of all monies from any source other
than those paid by the city, if any, and the state on a per centum basis
of the net operating budget, which are expended through the operating
budget; and (d) that portion of the operating costs of central
administration and university-wide programs which the state budget
director determines to be chargeable to the community colleges and which
is to be paid by the city of New York pursuant to paragraph two of
subdivision C of this section.

B. Senior college capital costs. Commencing with the twelve-month
period beginning July first, nineteen hundred eighty-two and thereafter,
the state shall pay one hundred per centum of capital costs exclusive of
those financed pursuant to the provisions of article one hundred
twenty-five-B of this chapter, of the senior colleges of the city
university of New York, provided however that commencing with the twelve
month period beginning July first, nineteen hundred eighty-two and
thereafter, the state shall pay one hundred per centum of capital costs
exclusive of those financed pursuant to the provisions of article one
hundred twenty-five-B of this chapter, of the college of Staten Island,
New York city college of technology and, commencing with the twelve
month period beginning July first, two thousand nine and thereafter,
Medgar Evers college, provided, however, that appropriations authorizing
such costs have been approved by the legislature. The advancement of
capital projects pursuant to this subdivision shall be undertaken only
in accordance with the provisions of section ninety-three of the state
finance law.

C. Community colleges. 1. The amount, methods and procedures for the
payment of state aid to community colleges of the city university of New
York shall continue to be governed pursuant to the provisions of section
sixty-three hundred four of this chapter and any rule or regulation
promulgated pursuant thereto. Notwithstanding any inconsistent provision
of law, for the purposes of this paragraph, any reference contained in
section sixty-three hundred four of this chapter to the approval of the
state university trustees for such state aid purposes shall, in lieu
thereof, be deemed to mean and refer to the approval of the board of
trustees and any reference to a community college in such section shall
be deemed to mean and refer to a community college as defined in section
sixty-two hundred two of this article; provided however, that any rule
or regulation approved by the board of trustees, for such state aid
purposes, shall be the same as any rule or regulation promulgated by the
state university trustees, as approved by the state director of the
budget.

2. Notwithstanding any other provision of law, the city of New York
shall appropriate in its expense budget and pay to the account of the
community colleges of the city university of New York as operating aid
that portion of the operating costs of central administration and
university-wide programs attributable to community colleges, as defined
pursuant to subparagraph (d) of paragraph seven of subdivision A of this
section.

D. College of Staten Island. Notwithstanding the designation of the
college of Staten Island as a senior college:

(i) the city of New York shall annually appropriate in its expense
budget and pay to the city university of New York, as operating aid in
support of the programs and services of the college of Staten Island, an
amount for each full-time equivalent student in the associate degree
program of the college equal to the amount the city of New York is
appropriating and paying for each full-time equivalent student in the
community colleges;

(ii) and the state of New York shall annually appropriate and pay to
the city university of New York an amount equal to the net operating
expenses of the college of Staten Island less the amount payable by the
city of New York pursuant to this subdivision. Such state of New York
payment shall be made in four installments on or before April
twenty-fifth, June twenty-fifth, October twenty-fifth and January
twenty-fifth. The amount to be paid by the city of New York pursuant to
this subdivision shall be determined by the state director of the
budget, based upon information submitted by the mayor in such form and
content and at such time as may be requred by the state director of the
budget.

E. Medgar Evers college. Notwithstanding the designation of Medgar
Evers college as a senior college:

(i) in addition to the amounts specified in subparagraph e of
paragraph two of subdivision A of this section, the city of New York
shall annually appropriate in its expense budget and pay to the city
university of New York as operating aid in support of the programs and
services, an amount for each full-time equivalent student in the
associate degree program of the college equal to the amount the city of
New York is appropriating and paying for each full-time equivalent
student in the community colleges; and

(ii) the state of New York shall annually appropriate and pay to the
city of New York on behalf of the city university of New York an amount
equal to the net operating expenses of Medgar Evers college less the
amount payable by the city of New York pursuant to this subdivision.
Such state of New York payment shall be made in four installments on or
before April twenty-fifth, June twenty-fifth, October twenty-fifth and
February twenty-fifth. The amount to be paid by the city of New York
pursuant to this subdivision shall be determined by the state director
of the budget, based upon information submitted by the mayor in such
form and content and at such time as may be required by the state
director of the budget.