N.Y.
Education Law Section 6231
Certain payment by the state of New York to the city of New York
1.
a.(i)
Notwithstanding any inconsistent provision of law, but subject to the provisions of paragraph d of this subdivision, the state and the city of New York shall each contribute fifty per centum of: (A) all unfunded accrued liability payments required to be made during the twelve-month period commencing on July first, nineteen hundred seventy-nine 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 required employer contributions to the New York city employees’ retirement system and to the New York city teachers’ retirement system on account of employees of the senior colleges of the city university of New York; and (B) all revised unfunded accrued liability payments (as defined in subdivision seven of § 6202 (Definitions)section sixty-two hundred two of this article) which are required to be made during the twelve-month period commencing on July first, nineteen hundred eighty with respect to required employer contributions to such retirement systems on account of employees of such senior colleges; and (C) all installments of the nineteen hundred eighty unfunded accrued liability adjustment (as defined in subdivision eight of such section sixty-two hundred two), which installments (if such adjustment is a charge) are required to be paid in the twelve-month period beginning on July first, nineteen hundred eighty with respect to required employer contributions to such retirement systems on account of employees of such senior colleges.(ii)
Notwithstanding any inconsistent provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision, the city of New York shall contribute twenty per centum of the amount of one year’s interest required to be paid in the twelve-month period beginning July first, nineteen hundred eighty on the amount of the balance sheet liability (as such liability is determined as of June thirtieth, nineteen hundred eighty) with respect to required employer contributions to such retirement systems on account of employees of such senior colleges plus thirty per centum of that portion of the amount of one year’s interest required to be paid in the twelve-month period beginning July first, nineteen hundred eighty on the amount of the balance sheet liability which would represent the amount of one year’s interest which would be required on the amount of a hypothetical balance sheet liability had such hypothetical balance sheet liability been determined on June thirtieth, nineteen hundred seventy-five, with respect to required employer contributions to such retirement systems on account of employees of such senior colleges.(iii)
Notwithstanding any inconsistent provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision, the state of New York shall contribute that portion of the amount of one year’s interest required to be paid in the twelve-month period beginning July first, nineteen hundred eighty on the amount of the balance sheet liability (as such liability is determined as of June thirtieth, nineteen hundred eighty) with respect to required employer contributions to such retirement systems on account of employees of such senior colleges, which portion shall be the remainder computed by subtracting from the amount of such one year’s interest required to be paid in such twelve-month period in relation to such employees, the amount of interest required by subparagraph (ii) of this paragraph to be contributed by the city of New York.b.
(i) Notwithstanding any inconsistent provision of law, but subject to the provisions of paragraph d of this subdivision, commencing with the twelve-month period beginning July first, nineteen hundred eighty-one and ending with the twelve-month period terminating on June thirtieth, nineteen hundred ninety, the state and the city of New York shall each contribute fifty percentum of: (A) all revised unfunded accrued liability payments (as defined in subdivision seven of § 6202 (Definitions)section sixty-two hundred two of this article) which are required to be made with respect to required employer contributions to such retirement systems on account of employees of such senior colleges; and (B) all installments of the nineteen hundred eighty unfunded accrued liability adjustment (as defined in subdivision eight of such section sixty-two hundred two) which installments (if such adjustment is a charge) are required to be paid with respect to employer contributions to such retirement systems on account of employees of such senior colleges.(ii)
Notwithstanding any inconsistent provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision and subparagraph (iv) of this paragraph, commencing with the twelve-month period beginning July first, nineteen hundred eighty-one and thereafter, the city of New York shall contribute twenty per centum of that portion of the yearly installment of the balance sheet liability contribution (as defined in subdivision nine of such section sixty-two hundred two) payable with respect to each such retirement system for each such twelve-month period with respect to required employer contributions to such retirement system on account of employees of such senior colleges, plus thirty per centum of that portion of the balance sheet liability contribution (as defined in subdivision nine of such section sixty-two hundred two) which would represent the hypothetical balance sheet liability contribution which would have been required to be made with respect to employer contributions on account of employees of such senior colleges if the balance sheet liability had been determined on June thirtieth, nineteen hundred seventy-five.(iii)
Notwithstanding any inconsistent provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision and subparagraph (iv) of this paragraph, commencing with the twelve-month period beginning July first, nineteen hundred eighty-one and thereafter, the state shall contribute that portion of the yearly installment of the balance sheet liability contribution (as defined in subdivision nine of such section sixty-two hundred two) payable with respect to each such retirement system for each such twelve-month period with respect to required employer contributions to such retirement system on account of employees of such senior colleges, which portion shall be the remainder computed by subtracting from such yearly installment with respect to such retirement system on account of such employees, the amount which the provisions of subparagraph (ii) of this paragraph require the city of New York to contribute for the same twelve-month period with respect to such retirement system.(iv)
(A) Notwithstanding any provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision, the city of New York shall contribute, in each applicable twelve-month period of the twenty-year amortization schedule set forth in subdivision bb of section 13-638.2 of the administrative code of the city of New York, a portion of each of the following installments, which portion shall be determined pursuant to the method of computation set forth in subparagraph (ii) of this paragraph with respect to determination of the portion of the balance sheet liability contribution required to be paid by the city: (1) all NYCERS installments of nineteen hundred ninety BSL contribution attributable to the senior colleges (as defined in subdivision eight-m of § 6202 (Definitions)section sixty-two hundred two of this article); and (2) all NYCTRS installments of nineteen hundred ninety BSL contribution attributable to the senior colleges (as defined in subdivision eight-n of § 6202 (Definitions)section sixty-two hundred two of this article). (B) Notwithstanding any provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision, the state shall contribute, in each applicable twelve-month period of the twenty-year amortization schedule set forth in subdivision bb of section 13-638.2 of the administrative code of the city of New York, a portion of each of the installments referred to in item (A) of this subparagraph, which portion shall be determined pursuant to the method of computation set forth in subparagraph (iii) of this paragraph with respect to determination of the portion of the balance sheet liability contribution required to be paid by the state.c.
(i) If the nineteen hundred eighty unfunded accrued liability adjustment (as defined in subdivision eight of such section sixty-two hundred two) is a credit with respect to either of such retirement systems, there shall be determined the portion of the creditable installments of such adjustment attributable to the New York city employees’ retirement system and the portion of such creditable installments attributable to the New York city teachers’ retirement system. With respect to the twelve-month period beginning on July first, nineteen hundred eighty and each succeeding twelve-month period to and including the twelve-month period ending on June thirtieth, nineteen hundred ninety, one-half of the installment, for such period, of the credit attributable to the New York city employees’ retirement system shall be credited in favor of the city with respect to its obligations to make contributions to such retirement system for such period and one-half of such installment shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system for such period. With respect to the twelve-month period beginning on July first, nineteen hundred eighty and each succeeding twelve-month period to and including the twelve-month period ending on June thirtieth, nineteen hundred ninety, one-half of the installment, for such period, of the credit attributable to the New York city teachers’ retirement system shall be credited in favor of the city with respect to its obligations to make contributions to such retirement system for such period and one-half of such installment shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system for such period.(ii)
There shall be determined with respect to each such retirement system the portion of each installment of the nineteen hundred eighty-two unfunded accrued liability adjustment (as defined in subdivision eight-a of such section sixty-two hundred two) creditable in the twelve-month periods beginning on July first, nineteen hundred eighty-two and ending on June thirtieth, nineteen hundred ninety, which portion is attributable to the employees of such senior colleges. One-half of such portion shall be credited in favor of the city with respect to its obligations to make contributions to the New York city employees’ retirement system in each such twelve-month period and one-half of such portion shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in such twelve-month period. With respect to the twelve-month period beginning on July first, nineteen hundred eighty-two and each succeeding twelve-month period to and including the twelve-month period ending on June thirtieth, nineteen hundred ninety, one-half of such portion applicable to the New York city teachers’ retirement system shall be credited in favor of the city with respect to its obligations to make contributions to such retirement system in each such twelve-month period and one-half of such portion shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in such twelve-month period. c-1.(i)
Notwithstanding any other provisions of law to the contrary, commencing with the twelve-month period beginning on July first, nineteen hundred eighty-five and in each twelve-month period thereafter to and including the twelve-month period ending on June thirtieth, nineteen hundred ninety: (A) one-half of one annual installment of the NYCERS nineteen hundred eighty-five unfunded accrued liability adjustment attributable to the senior colleges (as defined in subdivision eight-b of § 6202 (Definitions)section sixty-two hundred two of this article) shall be credited in favor of the city with respect to its obligations to make contributions of the New York city employees’ retirement system in each such twelve-month period; and (B) one-half of one such annual installment above referred to in this subparagraph shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in each such twelve-month period.(ii)
Notwithstanding any other provision of law to the contrary, there shall be determined the portion of each installment of the NYCTRS nineteen hundred eighty-five unfunded accrued liability adjustment (as defined in subdivision eight-c of such section sixty-two hundred two) creditable in the twelve-month periods beginning on July first, nineteen hundred eighty-five and ending on June thirtieth, nineteen hundred ninety, which portion is attributable to the employees of such senior colleges. One-half of such portion shall be credited in favor of the city with respect to its obligations to make contributions to the New York city teachers’ retirement system in each such twelve-month period and one-half of such portion shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in such twelve-month period.(iii)
Notwithstanding any other provision of law to the contrary, there shall be determined the portion of each installment of the NYCTRS nineteen hundred eighty-six unfunded accrued liability adjustment (as defined in subdivision eight-d of such section sixty-two hundred two) creditable in the twelve-month periods beginning on July first, nineteen hundred eighty-six and ending on June thirtieth, nineteen hundred ninety, which portion is attributable to the employees of such senior colleges. One-half of such portion shall be credited in favor of the city with respect to its obligations to make contributions to the New York city teachers’ retirement system in each such twelve-month period and one-half of such portion shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in such twelve-month period. c-2. Notwithstanding any other provisions of law to the contrary:(i)
commencing with the twelve-month period beginning on July first, nineteen hundred eighty-eight and in each twelve-month period thereafter to and including the twelve-month period ending on June thirtieth, nineteen hundred ninety: (A) if 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 § 6202 (Definitions)section sixty-two hundred two of this article) is a charge, the state and the city of New York shall each contribute to the New York city employees’ retirement system one-half of each of the installments of such charge for such twelve-month periods; and (B) if the New York city employees’ retirement system nineteen hundred eighty-eight unfunded accrued liability adjustment attributable to the senior colleges is a credit, one-half of each installment of such credit for such twelve-month periods shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system for the twelve-month period to which such installment applies; and one-half of each such installment shall be credited in favor of the city of New York with respect to its obligations to make contributions to such retirement system for the twelve-month period to which such installment applies; and(ii)
commencing with the twelve-month period beginning on July first, nineteen hundred eighty-eight and in each twelve-month period thereafter to and including the twelve-month period ending on June thirtieth, nineteen hundred ninety: (A) if 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 § 6202 (Definitions)section sixty-two hundred two of this article) is a charge, the state and the city of New York shall each contribute to the New York city teachers’ retirement system one-half of each of the installments of such charge; and (B) if the New York city teachers’ retirement system nineteen hundred eighty-eight unfunded accrued liability adjustment attributable to the senior colleges is a credit, one-half of each installment of such credit shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system for the twelve-month period to which such installment applies and one-half of each such installment shall be credited in favor of the city of New York with respect to its obligations to make contributions to such retirement system for the twelve-month period to which such installment applies. c-3. Notwithstanding any other provision of law to the contrary, commencing with the twelve-month period constituting the first fiscal year of the applicable designated amortization period prescribed pursuant to subdivision k of section 13-638.2 of the administrative code of the city of New York with respect to any NYCERS post-June thirtieth, nineteen hundred ninety unfunded accrued liability adjustment attributable to the senior colleges (as defined in subdivision eight-g of such section sixty-two hundred two), and commencing with the twelve-month period constituting the first fiscal year of the applicable designated amortization period prescribed pursuant to such subdivision k with respect to any NYCTRS post-June thirtieth, nineteen hundred ninety unfunded accrued liability adjustment attributable to the senior colleges (as defined in subdivision eight-h of such section sixty-two hundred two), and in each of the next succeeding twelve-month periods of such applicable designated period of amortization:(i)
if such adjustment is a charge, the state and the city of New York shall each contribute to the retirement system in relation to which such adjustment is established one-half of the installment of such adjustment due in such twelve-month period; and(ii)
if such adjustment is a credit, one-half of the installment of such credit attributable to such twelve-month period shall be credited in favor of the city with respect to its obligations to make contributions to such retirement system in such twelve-month period and one-half of the installment of such credit attributable to such twelve-month period shall be credited in favor of the state with respect to its obligations to make contributions to such retirement system in such twelve-month period. c-4. Notwithstanding any other provision of law to the contrary, but subject to the provisions of paragraph d of this subdivision, in each applicable twelve-month period of the twenty-year amortization schedule set forth in subdivision bb of section 13-638.2 of the administrative code of the city of New York, the state and the city of New York shall each contribute one-half of the following installments:(i)
all NYCERS phase-in installments of nineteen hundred ninety UAL contribution attributable to the senior colleges (as defined in subdivision eight-i of § 6202 (Definitions)section sixty-two hundred two of this article);(ii)
all NYCERS regular installments of nineteen hundred ninety UAL contribution attributable to the senior colleges (as defined in subdivision eight-j of § 6202 (Definitions)section sixty-two hundred two of this article);(iii)
all NYCTRS phase-in installments of nineteen hundred ninety UAL contribution attributable to the senior colleges (as defined in subdivision eight-k of § 6202 (Definitions)section sixty-two hundred two of this article); and(iv)
all NYCTRS regular installments of nineteen hundred ninety UAL contribution attributable to the senior colleges (as defined in subdivision eight-1 of § 6202 (Definitions)section sixty-two hundred two of this article).d.
The costs of such unfunded accrued liability contributions, revised unfunded accrued liability contributions, contributions on account of installments of nineteen hundred eighty unfunded accrued liability adjustment (if such adjustment is a charge), contributions on account of New York city employees’ retirement system nineteen hundred eighty-eight unfunded accrued liability adjustment attributable to the senior colleges (if such adjustment is a charge) and New York city teachers’ retirement system nineteen hundred eighty-eight unfunded accrued liability adjustment attributable to the senior colleges (if such adjustment is a charge), contributions on account of any NYCERS post-June thirtieth, nineteen hundred ninety unfunded accrued liability adjustment attributable to the senior colleges (if such adjustment is a charge), contributions on account of any NYCTRS post-June thirtieth, nineteen hundred ninety unfunded accrued liability adjustment attributable to the senior colleges (if such adjustment is a charge), balance sheet liability contributions and contribution on account of interest on balance sheet liability and 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 § 6202 (Definitions)section sixty-two hundred two of this article) referred to in paragraphs a, b, c-1, c-2, c-3 and c-4 of this subdivision shall be pre-financed from city of New York funds. The state shall reimburse the city of New York for the state’s share of such costs in relation to such employees resulting from such contributions payable to such retirement systems during the periods beginning on July first, nineteen hundred seventy-nine and thereafter according to the repayment schedule set forth for the senior colleges in subparagraph three of subdivision A of § 6221 (Financing of the city university of New York)section sixty-two hundred twenty-one of this article.2.
For each city fiscal year, the board of trustees of the city university shall submit a proposed budget request for such employer contribution as defined in subdivision one above in such form and content as shall be required by the state director of the budget. Such proposed budget request shall be submitted to the governor by the first day of October of each year, with copies at such time to the state director of the budget, the senate finance committee, the assembly ways and means committee and, for information purposes, the director of the office of management and budget of the city of New York. The governor shall submit his recommendations with respect to such budget to the legislature as part of the local assistance portion of the executive budget.3.
The state comptroller shall annually audit the amounts paid pursuant to this section and shall make a report as soon as practicable thereon to the governor, the temporary president of the senate, the speaker of the assembly and the mayor of the city of New York.
Source:
Section 6231 — Certain payment by the state of New York to the city of New York, https://www.nysenate.gov/legislation/laws/EDN/6231 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
