N.Y.
Retirement & Social Security Law Section 17
Annual appropriation by participating employers
a.
On or before the fifteenth day of November, nineteen hundred eighty-nine and of each succeeding calendar year, the comptroller shall determine the amount which each participating employer is required to pay to the retirement system to discharge its obligations thereto for the fiscal year of the retirement system which ends on March thirty-first of nineteen hundred ninety and of each succeeding calendar year on account of its employees who are members of this system. The comptroller shall submit to the fiscal officer of each such employer a statement of the amount so payable. This amount shall consist of the amount deemed necessary to provide for payment in full of (i) all estimated obligations of each participating employer for the current fiscal year of the retirement systems and (ii) any additional obligation, plus interest on such amount, for fiscal years preceding the current fiscal year. If as a result of the amount determined to be paid for any fiscal year, a participating employer overpaid its actual obligation to the retirement system for that year, the amount to be determined by the comptroller for the next succeeding November fifteenth shall reflect the amount of the overpayment, plus interest as defined in § 16 (Annual appropriation by state)section sixteen of this article on such amount, as a reduction in the amount otherwise required to be paid by such participating employer.b.
Each participating employer annually shall appropriate a sum sufficient to pay such amount. In the event the comptroller’s statement is not received before annual appropriations are made by such employer, a sum estimated by the comptroller to be sufficient for such purpose shall be included with such annual appropriations.c.
Payment of the amount specified in the comptroller’s statement shall be made by a participating employer within seventy-eight days after the receipt of such statement; provided, however, that in no case shall any participating employer be required to make this payment before February first of the calendar year next succeeding the calendar year in which such statement is received. The comptroller is authorized to provide for and accept pre-payment.d.
If payment of the full amount of such obligations is not made by the date required by subdivision c of this section, interest at a rate determined in accordance with the provisions of § 16 (Annual appropriation by state)section sixteen of this article shall commence to run against the unpaid balance thereof on the first day after the date required by said subdivision c.e.
The comptroller shall have full power and authority to bring suit in the supreme court against any participating employer to recover any sum, payment of which is not made as herein required. While any such sum shall remain due and unpaid he may refuse to audit any claim for funds due to such employer from the state.
Source:
Section 17 — Annual appropriation by participating employers, https://www.nysenate.gov/legislation/laws/RSS/17 (updated Sep. 22, 2014; accessed Apr. 27, 2024).
